1
Acceptance of Terms
By hiring any JA Branding service, accessing our website or using
our tools and materials, you declare that you have read, understood and fully
agreed with these Terms of Use.
If you disagree with any provision herein, please do not proceed with hiring and
contact us for clarification before establishing any relationship.
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Notice: Signing a proposal, contract, work order or any payment
instrument implies automatic acceptance of these Terms, even if they are not
expressly cited in the signed document.
These Terms apply to individuals and legal entities who hire or are considering
hiring JA Branding's services, as well as to visitors of the website
ja-branding.com.
2
Services Provided
JA Branding offers digital marketing services, including but not limited to:
- Google Ads Management — creation, optimization and management of Search, Display, YouTube, Shopping and Performance Max campaigns
- Meta Ads Management — Facebook and Instagram campaigns, including remarketing and lead generation
- Local and Organic SEO — search engine and Google Business Profile optimization
- Websites and Landing Pages — development of conversion-optimized pages
- Marketing Automation — setup of nurturing and follow-up workflows
- Consulting and Training — strategic guidance for sales and marketing teams
The exact scope of each project is defined in the commercial proposal or specific
contract signed between the parties. In case of conflict between these Terms and the
specific contract, the more specific instrument prevails.
Paid Media Investment
Amounts paid to advertising platforms (Google Ads, Meta Ads and similar) are
not included in JA Branding's management fee. The client is responsible for
maintaining sufficient credit on advertising platforms. JA Branding is not liable
for interruptions caused by insufficient balance.
3
Hiring and Payment
Service Start
Services begin after contract signature and payment of the first monthly fee or
agreed amount. JA Branding reserves the right not to begin activities before
payment confirmation.
Payment Methods
- Bank transfer (international wire / PIX for Brazilian clients)
- Bank slip (boleto) with due date defined in contract
- Credit card upon prior agreement
Default
Failure to pay on the agreed date subjects the client to:
- A penalty of 2% on the outstanding amount
- Default interest of 1% per month (pro rata die)
- Immediate service suspension after 5 business days of delay
- Unilateral termination by JA Branding after 15 days of default
Adjustment
Service fees may be adjusted annually by the accumulated IPCA index
(Brazilian inflation index) for the period, upon 30-day prior notice.
Extraordinary adjustments due to operational cost variations will be negotiated individually.
4
Client Obligations
For JA Branding to deliver the best results, the client agrees to:
- Provide access to necessary platforms (Google Ads, Meta Business, Analytics, website, CRM) with appropriate permissions
- Approve or reject creative pieces, texts and strategies within 3 business days of submission — silence after this period will be interpreted as tacit approval
- Maintain sufficient media credits on advertising platforms to avoid interrupting active campaigns
- Provide truthful information about the business, target audience, products and competitive differentiators
- Designate a point of contact responsible for approving requests and responding to JA Branding's communications
- Respect the Advertising Policies of Google, Meta and other platforms — prohibited content is the exclusive responsibility of the client
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Delays in the delivery of materials, approvals or access from the client
do not give the right to discount or refund of amounts already paid,
nor automatic extension of the contractual term.
5
JA Branding Obligations
JA Branding undertakes to:
- Execute services with diligence, using industry best practices and qualified professionals
- Report monthly the results and relevant metrics of each contracted service
- Proactively communicate risks, opportunities and platform changes that impact the client's strategy
- Maintain confidentiality over all confidential client information (see clause 9)
- Respect the policies of advertising platforms and legal guidelines applicable to the industry
- Return access credentials to the client within 5 business days after contract termination
About Results Guarantee
Digital marketing involves variables outside JA Branding's control (market behavior,
seasonality, platform algorithms, quality of the client's product/service).
We do not guarantee specific results such as number of sales, leads or
organic positioning, but we commit to excellent execution and continuous data-driven
optimization.
6
Intellectual Property
Materials created for the client
Ad copy, creatives, landing pages, reports and other materials produced specifically
for the client become their property upon full payment of amounts
due. While there are outstanding debts, JA Branding retains usage rights over
these materials.
JA Branding's materials and tools
JA Branding's proprietary methodologies, frameworks, templates, systems and processes
remain the exclusive property of the agency, regardless of whether they were used in
the provision of services to the client. The client does not acquire a
license over these assets.
Portfolio
JA Branding reserves the right to mention the client's name and present general
project results (without confidential data) in its portfolio and marketing materials,
unless expressly prohibited by contract.
7
Liability Limitations
JA Branding is not liable for:
- Loss of revenue or profits resulting from campaign suspension due to default or lack of credit on platforms
- Unilateral changes in policies and algorithms by Google, Meta or other platforms that impact campaign performance
- Negative results arising from incorrect information or omissions provided by the client
- Damages caused by invasions, cyberattacks or failures in third-party platforms (Google, Meta, hosting, etc.)
- Ad approvals or rejections by platforms due to content defined by the client themselves
In any event, JA Branding's maximum liability is limited to the
total amount paid by the client in the last 3 months of contract.
8
Contract Termination
Termination by either party
Either party may terminate the contract with 30 calendar days
prior written notice (email or formal document). Services continue normally during
the notice period.
Immediate termination by JA Branding
JA Branding may terminate the contract immediately, without prior notice and at
no cost, in the following situations:
- Default exceeding 15 days
- Requests to publish illegal, misleading content or content that violates platform policies
- Abusive or disrespectful behavior toward JA Branding's team
- Improper use of agency materials or intellectual property
Early termination penalty
Early termination without just cause by the client — before the minimum term defined
in contract — is subject to a penalty proportional to the remaining period, as
specified in the contractual instrument signed.
9
Confidentiality
Both parties undertake to maintain confidentiality over all confidential information
exchanged in the course of providing services, including:
- Financial data, campaign results and business metrics
- Commercial strategies, client and supplier lists
- Technical information, methodologies and internal processes of each party
- Any data identified as "confidential" at the time of sharing
The duty of confidentiality remains in effect for 2 years after
the contract ends, unless a more restrictive provision is set in a specific instrument.
Exceptions to Confidentiality
The confidentiality obligation does not apply to information that: (a) is in the
public domain without fault of the receiving party; (b) must be disclosed by legal
or judicial determination; (c) was already known to the receiving party before the
start of the contractual relationship.
10
General Provisions
Applicable law and jurisdiction
These Terms are governed by Brazilian laws. The courts of Goiânia — GO,
Brazil are elected to settle any disputes, with express waiver of any other,
however privileged it may be.
Changes to the terms
JA Branding may update these Terms at any time. Active clients will be notified
by email at least 15 days in advance. Continued use of services
after that date implies acceptance of the new conditions.
Severability of clauses
If any provision of these Terms is deemed invalid or unenforceable by judicial
decision, the remaining clauses will remain in full force and effect.
Entire agreement
These Terms, together with the specific contract and proposal signed between the
parties, constitute the entire agreement on the provision of services, replacing
any prior understandings, verbal or written.