Last updated — January 1st, 2025
Terms & conditions
Terms and Conditions (Effective — JANUARY 1ST, 2025)
1. Acceptance
By visiting barkerbros.ai or signing a proposal, you (“Client,” “you”) agree to these terms and conditions plus any Statement of Work (“SOW”).
2. Services
We provide AI‑driven branding, advertising, and media production under three tiers (Prime, Elite, Sovereign) and custom SOWs.
3. Payments & Renewals
- Up‑front: 100 % due on signature (projects) or first‑month retainer.
- Auto‑renew retainers: Month‑to‑month until you email cancel@barkersrealty.com 30 days in advance.
- No refunds.
- Late fees: 1.5 % per month.
4. Satisfaction Guarantee
If, after 3 months of campaign development, your tracked revenue is less than ad spend, we will manage three additional months of ads free as sole remedy.
5. Intellectual Property
All work product remains Barker Brothers LLC property until invoices are paid in full. After payment, you receive a worldwide, royalty‑free license. We may showcase deliverables in portfolios unless you request confidentiality in writing.
6. Client Duties
Provide timely approvals, accurate data, and lawful materials. Prohibited uses include illegal content, scraping, reverse‑engineering, or violating third‑party rights.
7. Confidentiality
Both parties must protect non‑public information. NDA terms survive 3 years post‑termination.
8. Disclaimer & Liability
Services are provided “as‑is.” We disclaim all implied warranties. Liability is capped at the amount you paid us in the 12 months before a claim, or the maximum permitted by law—whichever is lower. No indirect or consequential damages.
9. Indemnity
You agree to indemnify us against claims arising from your materials or unlawful use of the services.
10. Dispute Resolution
All disputes:
1. Negotiation (30 days) → 2. Binding arbitration in Wilmington, Delaware, under AAA rules. Judgment may be entered in any court of competent jurisdiction. You waive class actions.
11. Governing Law
Delaware law, without regard to conflict‑of‑law rules.
12. Force Majeure
Neither party liable for delays beyond reasonable control (e.g., natural disasters, outages).
13. Changes
We may update these terms and conditions; notice via email or site banner. Continued use = acceptance.
14. Entire Agreement
These terms + SOW supersede prior agreements. If a clause is unenforceable, the rest stand.
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