Comprehensive Guide to BS LLC's Terms and Conditions: Understanding Your Rights and Obligations
1. Overview
These Terms and Conditions govern the use of services provided by BS LLC ("Company," "we," "us"). You agree to be bound by these terms when accessing or using our services.
2. Definitions
- Service: Refers to the various services offered by BS LLC as detailed on our website and in your service agreement.
- Client: Refers to the individual or entity using our services.
3. Services Provided
We offer various services as outlined on our website and in your specific service agreement. The quote or service agreement will detail the exact scope of services.
4. User Accounts
You may need to create an account to access certain Service features. You are responsible for keeping your login details and all activities under your account confidential.
5. Privacy Policy
Our Privacy Policy on our website explains how we collect, use, and share your personal information. When using our services, you consent to our data practices described in the Privacy Policy.
6. Use of the Service
You agree to use the Service for lawful purposes and according to these Terms. You will not use the Service in a way that harms, disables, or disrupts its functionality.
7. Payment Policies
Billing Structures
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Time-Based Billing (Hourly): Standard rate of $250 per hour for blended tasks. Specific rates for different roles include:
- Partners: $500/hour
- Strategy: $300/hour
- Design: $175/hour
- Project Management: $125/hour
- Intern: $75/hour
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Stipulated Sum (Milestone-Based): Payments are based on estimated project hours at the applicable rate. Payments align with key project phases or deliverables.
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Advance Payment (Retainer): Monthly fees based on a block of hours. Unused hours can roll over to the next month (up to 50% of hours). Additional hours can be purchased at the standard hourly rate.
For detailed information, refer to BS LLC Pricing and Payment Structures 2024.
Payment Terms & Methods
- Invoice Schedule: Retainer invoices are issued at the beginning of each month. Payment is due within 15 days of the invoice date.
- Late Fees: After a 5-day grace period, a 5% late fee will be added if payment is not received within 15 days.
- Payment Methods: We accept checks, wire transfers, credit cards (3% processing fee), PayPal (3% processing fee), and Venmo (3% processing fee).
- Upfront Billing for Significant Work: BS LLC may issue upfront invoices for large workloads to ensure project alignment and secure resources.
Rollover and Overage Billing Policy
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Rollover Hours: Up to 50% of unused retainer hours can be carried over to the next month. However, these hours must be used within the next month, or they expire.
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Overages: Hours worked beyond the monthly retainer allocation (including rolled-over hours) will be billed at the standard hourly rate for each role.
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Upfront Retainer Overages: If a retainer contract involves significant upfront work, any cumulative overage will be billed at the end of three months, even if the client chooses not to renew the retainer.
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Consecutive Month Overages: If overages occur for two consecutive months, BS LLC will issue a separate invoice for the cumulative overage hours at the end of the second month. This ensures transparency and allows scope or retainer adjustments if needed.
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Notification of Overages: Clients will be notified if the workload is projected to exceed the retainer. This allows for scope adjustments or purchasing additional hours.
8. Client Obligations
- Timely Feedback: To keep the project on schedule, the client must provide necessary feedback within the timeframe you requested.
- Information Sharing: The client is responsible for providing the required materials, information, or content for BS LLC to complete the work.
- Payment Compliance: The client must adhere to payment terms, including timely payments for invoices issued.
9. Cancellation and Refund Policy
- Before Work Begins: A full refund will be provided minus any non-refundable deposits specified in the agreement.
- During Initial Stages (up to 25% project completion): A 50% refund of the initial payment.
- After Significant Progress (25%-75% completion): A 25% refund of the initial payment.
- Near Completion (75% or more): No refunds will be provided.
- Post-Completion: No refunds will be provided for completed and approved work.
10. Timeline Delays
If delays occur due to the client’s actions or inactions, the following fees apply:
- Initial Delay (beyond 15 days): $500 fee
- Extended Delay (beyond 30 days): $1,000 additional fee
- Significant Delay (beyond 90 days): The project will be considered complete, and further work will require a new agreement.
11. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the project. Confidentiality obligations continue even after the agreement is terminated. Publicly known information or information disclosed through no fault of either party is excluded.
12. Non-Solicitation
Clients agree not to solicit or hire BS LLC employees for one year following the termination of the agreement. Breaching this clause results in a penalty equal to six months of the employee’s salary.
13. Termination
BS LLC may terminate or suspend your account and access to the Service without notice if you breach these Terms.
14. Force Majeure
BS LLC is not liable for delays or failures due to circumstances beyond our control, including natural disasters, pandemics, government actions, or supply chain disruptions.
15. Limitation of Liability
BS LLC and its employees will not be liable for indirect, incidental, special, consequential, or punitive damages from your use of our services. Our maximum liability is limited to the total fees paid by the client in the last 12 months.
16. Indemnification
You agree to defend, indemnify, and hold harmless BS LLC, its employees, and contractors from any claims, damages, losses, or liabilities, including third-party intellectual property claims.
17. Dispute Resolution
Disputes will first be resolved through mediation or arbitration in Ohio. If unresolved, litigation can be pursued. Arbitration will follow the American Arbitration Association (AAA) rules.
18. Governing Law
These Terms are governed by Ohio, United States laws, without regard to conflict of law principles.
19. Severability
If any provision of these Terms is found unenforceable or invalid, the remaining provisions will remain valid and enforceable.
20. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will take effect once we update the Terms and notify you. Continued use of our services means you're accepting the updated Terms.
21. Contact Us
For any questions about these Terms, please get in touch with us at info@bsllc.biz or visit our website.
22. Examples for Clarity
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Example 1: A client has a three-month retainer at $15,000 (60 hours at $250/hour). In the first two months, BS LLC completes 80 hours. At the end of the third month, if the client doesn't renew, they’ll be billed for the extra 20 hours at $250/hour, totaling $5,000.
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Example 2: A client has a monthly retainer of $10,000 (40 hours at $250/hour). In two consecutive months, BS LLC completes 50 hours each month. At the end of the second month, BS LLC issues an overage invoice for 20 hours at $250/hour, totaling $5,000.
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Example 3: A client has a monthly retainer of $8,000 (32 hours at $250/hour). If only 20 hours are used in Month 1, 12 unused hours roll over to Month 2. If Month 2 requires 50 hours, BS LLC will bill the extra 6 hours beyond the available 44 hours (32 hours + 12 rollover) at $250/hour, totaling $1,500.
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Example 4: A milestone-based project is estimated at 120 hours ($30,000). If the client cancels after 75% of the work is completed, a 25% ($7,500) refund will be provided.