Service policies

Strategy work produces documents and frameworks that belong to the client. The thinking, recommendations, and roadmaps developed for the client's business are theirs to use, share internally, and act on without restriction.

BeyondVivid retains ownership of its underlying methodology, templates, processes, and frameworks. The way BeyondVivid arrives at a strategy is reusable across clients. The strategy itself is not.

Specifics

• Final deliverables are provided in editable formats (typically Google Docs, with PDF copies for archival)
• Client receives full copies of all interim research, customer profiles, and competitive analyses produced for them
• BeyondVivid may reference the engagement as a case study with the client's prior written consent
• Client business information shared during the engagement is treated as confidential and not shared with other clients, vendors, or third parties
• BeyondVivid may use anonymized learnings to improve its methodology without identifying the client

Edge cases

• If a strategy engagement is paused mid-delivery, the client receives all work product completed to that point
• If the client requests deletion of their data and files after the engagement ends, BeyondVivid will comply within 30 days, retaining only what's required for legal or financial recordkeeping

Strategic advisory retainers (STR-RET) are access to thinking, not a queue of production tasks. The retainer covers strategy calls, written reviews, planning sessions, and direct access for strategic questions. Production work that would normally be a project (a website build, a brand identity, an ad campaign) is quoted separately at retainer-client rates (10% off list).

Specifics

• Hours are tracked monthly. Unused hours roll forward one month, then expire.
• Rollover hours cannot accumulate beyond a single month
• Tier changes (Starter, Standard, Advanced) require 30 days written notice
• Pausing a retainer for a month requires 30 days notice. The retainer cannot be paused more than once per twelve-month period without an upgrade or extension agreement.
• Response time targets: Standard tier within 2 business days, Advanced tier within 1 business day, all tiers receive priority over non-retainer prospects
• The annual planning session (90 minutes, included once per year) is scheduled within 60 days of the retainer start date and on each anniversary

Edge cases

• If the client routinely requires more hours than the tier provides, BeyondVivid will recommend an upgrade rather than quietly absorb overage. Sustained over-delivery damages the retainer model for everyone.
• One-off overage hours may be billed at the retainer-client project rate at BeyondVivid's discretion

The brand identity that BeyondVivid develops for a client belongs to the client. Upon final payment, BeyondVivid assigns to the client all rights BeyondVivid owns in the final approved deliverables, excluding pre-existing tools, templates, concepts, methods, stock assets, fonts, music, plugins, third-party licenses, and rejected concepts.

Specifics

• Source files (Adobe Illustrator, Figma, or equivalent) are delivered upon final payment of the engagement
• Logo file packages include AI, EPS, SVG, PNG, PDF formats in multiple sizes and color modes
• Brand guidelines document is delivered as both editable file and final PDF
• BeyondVivid retains a backup of all delivered files for 7 years for the client's recovery use
• BeyondVivid does not retain rights to use the brand on its own marketing materials beyond portfolio reference (see Portfolio use below)

Portfolio use

• After public launch of the work, BeyondVivid may display public-facing deliverables in its portfolio and case studies unless the SOW specifies otherwise
• The following require prior written consent from the client even after public launch: performance data, named case studies with revenue or conversion figures, client quotes, unpublished work, internal-only deliverables, screenshots of private dashboards, and any material covering confidential launches or regulated-industry campaigns

Edge cases

• If the client commissions a brand and then assigns it to a related entity (subsidiary, spinoff, acquired business), the original engagement covers that transfer at no additional fee
• If the client sells the business and the brand is part of the sale, the brand transfers with it without restriction
• Concepts that were presented but not selected during the engagement are owned by BeyondVivid and may be developed for other clients

The brand guidelines document is licensed to the client for use across their own materials, vendors, and internal teams. The client may share the guidelines with their employees, contractors, agencies, and partners as needed to maintain brand consistency.

Specifics

• The guidelines document is not transferable to another business, even one owned by the same person, without a new licensing agreement
• Vendors and contractors using the guidelines to produce work for the client are bound by the same usage terms
• The underlying template structure (page layouts, section headers, organizational logic) is BeyondVivid's reusable methodology and is not exclusive to the client
• Client may freely modify the guidelines content (adding sections, updating with new applications) without notifying BeyondVivid
• If the client substantially expands the guidelines beyond what was originally delivered, BeyondVivid recommends a Brand Refresh (BRD-RFR) engagement to keep the document professional

All analytics accounts, tracking data, and historical reports belong to the client. BeyondVivid is granted manager-level access during the engagement and that access is removed cleanly when the engagement ends.

Specifics

• Google Analytics, Google Tag Manager, Search Console, and any other analytics platforms are created or linked under the client's ownership, not BeyondVivid's
• Conversion data, audience data, and historical reporting remain in the client's accounts permanently
• Custom dashboards built by BeyondVivid are delivered as exportable files and as live links the client can take ownership of
• BeyondVivid may export anonymized reporting templates for use with other clients but never carries client-specific data forward
• Client data is treated as confidential and is not shared with third parties without client consent

Edge cases

• If the client uses a third-party analytics platform that requires a BeyondVivid account (some legacy tools work this way), BeyondVivid will note that explicitly at engagement start and arrange a clean transfer path before that platform is adopted

The website BeyondVivid builds for a client belongs to the client. Upon final payment, BeyondVivid assigns to the client all rights BeyondVivid owns in the final approved deliverables, excluding pre-existing tools, templates, code libraries, methods, stock assets, fonts, plugins, third-party licenses, and rejected concepts.

Specifics

• Source code (HTML, CSS, JavaScript, and any framework files) is delivered via a Git repository or compressed archive
• Design files (Figma or equivalent) are delivered with editor access transferred to the client
• BeyondVivid retains a backup of the delivered codebase for 7 years
• Third-party plugins, themes, and licensed assets used in the build are documented separately with their own licensing terms
• A footer credit linking to BeyondVivid is included on every site by default and may be removed by the client at any time without consequence

Portfolio use

• After public launch of the site, BeyondVivid may display public-facing pages in its portfolio and case studies unless the SOW specifies otherwise
• The following require prior written consent from the client even after public launch: conversion data, traffic numbers, revenue figures, named case studies, client quotes, screenshots of private dashboards or admin areas, and any unpublished or staging-only material

Edge cases

• If the client cancels mid-build, they receive everything completed to the cancellation date in usable form, with deposits applied to work performed
• If the client uses BeyondVivid's hosting (HST-MGD), the website code remains the client's property regardless of hosting status (see POL-HST-02 for migration)

A "revision round" is a batch of changes the client provides at one time, not a single individual tweak. Each website tier includes a defined number of revision rounds (one for WEB-GOOD, two for WEB-STD, three for WEB-PRO). The structure exists so projects can finish rather than evolve indefinitely.

Specifics

• Each round is a single consolidated list of changes provided by the client after reviewing the work in progress
• BeyondVivid will batch all changes from one round before presenting the updated version
• Changes that arrive after the round has been delivered are held for the next round (or, if all rounds are used, addressed via change order)
• Major scope additions discovered during a round (new pages, new functionality, new integrations) are quoted as change orders before work begins
• Change orders are documented in writing and signed off by the client before BeyondVivid begins the additional work
• Change order rates are based on the project's effective hourly rate, with a minimum of one hour billed per change order

Edge cases

• Small typo fixes and clear bug fixes do not count as revision rounds and are addressed without limit during the build
• If a revision round reveals that the project's underlying scope was misjudged at signing, BeyondVivid and the client meet to re-baseline the project before continuing

BeyondVivid follows reasonable accessibility best practices on every website it builds. Every site is tested against WCAG 2.1 AA guidelines during build, and accessibility statements are included on every site as part of the standard legal pages. This is operational best practice, not a guarantee of legal accessibility compliance.

Formal accessibility audits, remediation work, legal accessibility review, and ongoing monitoring are separate services and are not included in the standard website tiers (WEB-GOOD, WEB-STD, WEB-PRO).

What's included in every BeyondVivid website

• Testing against WCAG 2.1 AA guidelines during build
• Accessible color contrast, focus states, and keyboard navigation
• Semantic HTML structure and proper heading hierarchy
• Alt text on images created by BeyondVivid (client-supplied images require client-supplied alt text)
• ARIA labels where appropriate for interactive elements
• An accessibility statement page on the site

What is not included

• Formal third-party accessibility audits (WCAG 2.1 AAA, Section 508, ADA certification)
• Legal accessibility review or attestation
• Ongoing accessibility monitoring after launch
• Remediation of accessibility issues introduced by the client post-launch (custom content, third-party plugins, embedded widgets)
• Accessibility of content the client posts after launch (blog posts, new images, embedded video)

Client responsibility

• The client is responsible for final legal accessibility compliance for their site, including any obligations specific to their industry, jurisdiction, or customer base
• BeyondVivid is happy to recommend specialized accessibility consultants if formal compliance is needed
• If the client adds content or features post-launch that affect accessibility, the client is responsible for that material

Why this matters

• Accessibility law (ADA in the United States, similar frameworks elsewhere) is evolving, with case law changing year to year
• No agency can guarantee a website will not become subject to a future accessibility lawsuit
• What BeyondVivid commits to is following current best practices at build time. Formal compliance is a separate scope that requires specialized work.

BeyondVivid's managed hosting (HST-MGD) targets 99.9% uptime, equivalent to roughly 43 minutes of downtime per month. This is a service target, not a warranty. The infrastructure is monitored continuously, with incident response within 60 minutes of any uptime alert during business hours and within 2 hours after hours.

Service target and remedy

• The 99.9% uptime number is a target. BeyondVivid commits to good-faith effort and continuous monitoring toward it.
• If actual uptime falls below 99.9% in a given calendar month due to issues within BeyondVivid's control, the client's sole remedy is a service credit equal to 10% of that month's hosting fee
• Service credits are applied to the next month's invoice; they are not refunded as cash
• The client must request the credit within 30 days of the affected month; credits do not auto-apply
• This service credit is the exclusive remedy for missed uptime targets

What counts as downtime within BeyondVivid's control

• Server outages from BeyondVivid's chosen infrastructure provider
• Failures in BeyondVivid's monitoring, alerting, or response process
• Errors introduced by BeyondVivid during maintenance or updates

What does not count as downtime (excluded from uptime calculations)

• Client edits or changes to the site
• Third-party plugins, themes, or integrations malfunctioning
• DNS provider issues (registrar, third-party DNS services)
• Domain registrar issues including expiration, suspension, or DNS misconfiguration outside BeyondVivid's control
• Client payment failures resulting in service suspension
• Major platform outages (AWS, Google Cloud, Cloudflare, etc.) outside BeyondVivid's reasonable control
• Scheduled maintenance windows announced in advance per the schedule below
• Force majeure events (natural disasters, regional internet outages, government action)
• Security attacks including DDoS, brute force, or zero-day exploits despite reasonable defenses
• Client-provided credentials, access issues, or account lockouts
• Issues caused by content the client published that violates platform or hosting policies

Specifics

• Daily backups, retained for 30 days
• Restore from backup available within 4 hours of client request
• SSL certificates are installed, monitored, and renewed automatically
• Software updates (CMS core, plugins, security patches) are applied monthly during a designated maintenance window
• Major maintenance (server migrations, infrastructure upgrades) is scheduled with at least 7 days advance notice to the client
• Routine maintenance windows are typically late Sunday nights, with downtime targeted at under 15 minutes
• Each client receives 2 hours per quarter of minor edits (text changes, image swaps, link updates) included in the hosting fee

Edge cases

• During force majeure events, BeyondVivid will work to restore service on a best-effort basis. The uptime target is suspended for the duration of the event and resumes when the event ends.
• The 2 hours per quarter of minor edits do not roll over; they reset each quarter
• Edits that require design work, new functionality, or copywriting beyond simple swaps are quoted as scope additions

Hosting subscriptions auto-renew at the same term length unless the client provides 30 days written notice before the renewal date. If the client wishes to migrate to another host, BeyondVivid provides a clean export and reasonable migration support at no additional fee.

Auto-renewal terms

• The renewal term length, frequency, and rate are stated at signup and confirmed in writing
• Renewal notice with the locked-in rate is sent to the client 60 days before the renewal date
• A second written reminder is sent 30 days before the renewal date
• Cancellation is straightforward: reply to either notice, send an email to BeyondVivid, or notify in writing through any other channel previously used for the engagement. No phone tree, no retention specialist, no friction.
• BeyondVivid confirms every cancellation in writing within 2 business days
• Once cancellation is confirmed, no further charges are made and the next renewal does not process
• Rate increases (if any) are communicated at least 60 days before renewal so the client has time to decide whether to continue

Specifics

• Renewal notices are sent 60 days before the term ends
• A second renewal notice is sent 30 days before the term ends, including the locked-in rate for the next term
• Rate increases (if any) are communicated at least 60 days before renewal
• If payment fails, the client has a 14-day grace period during which the site remains live and the client is contacted at least 3 times
• After 14 days of non-payment, the site is suspended (a maintenance page is shown to visitors) but data is preserved
• After 60 days of non-payment, hosting is terminated and a final archive is offered to the client for 30 days before deletion
• Migration to another host: BeyondVivid provides a full code export, database export, DNS record list, and 2 hours of free migration support
• Migration support beyond 2 hours is billed hourly

Edge cases

• Multi-year prepaid hosting that the client wishes to cancel early is addressed under POL-CAN-01
• If BeyondVivid retires the hosting service (a business decision, not a client decision), all clients receive at least 90 days notice and free migration to a comparable provider

Domains registered through BeyondVivid are always registered in the client's name. BeyondVivid is the administrative contact for technical purposes, but the domain itself is the client's property from the moment it is registered.

Specifics

• The client is listed as the registrant on the WHOIS record (with privacy protection enabled by default)
• The client may request their registrar login credentials at any time and BeyondVivid will provide them within 2 business days
• Transferring the domain to another registrar is supported without fee during an active service relationship
• BeyondVivid will provide the EPP/authorization code, unlock the domain, and confirm the transfer initiation within 1 business day of the client's request (see exceptions below)
• No domain is ever held back from a client as leverage for outstanding invoices. Outstanding invoices are addressed under POL-INV-01.

Transfer timing exceptions The 1-business-day commitment applies when the domain is in good standing and eligible for transfer. The following registrar-imposed conditions can delay a transfer through no fault of BeyondVivid:

• Registrar security holds following a recent password change or account activity
• ICANN-imposed transfer locks (typically 60 days after initial registration or a recent transfer)
• Registrant email verification delays (the client must confirm the transfer request from their registered email)
• Client identity verification required by the gaining registrar
• Suspicious transfer activity flagged by either registrar requiring manual review

In these cases, BeyondVivid will notify the client immediately, identify the specific condition causing the delay, and assist with resolution. The 1-business-day timing resumes once the registrar condition is cleared.

Edge cases

• If the client wishes to transfer the domain to a third party (sale of the business, partnership change, etc.), BeyondVivid facilitates the transfer the same way it would to the client themselves
• Premium TLDs (.io, .co, .ai) follow the same ownership policy. Registration cost is passed through and the service fee covers the management work.

Domains under Managed Domain (DOM-MGD) renew automatically each year as long as the subscription is active. BeyondVivid monitors the renewal date and sends advance notice. If a domain lapses despite the monitoring, BeyondVivid will attempt reclamation, but recovery is not always possible or cost-free.

Specifics

• Renewal notice sent 60 days before expiration
• Second notice sent 30 days before expiration
• Final notice sent 7 days before expiration
• If payment for renewal fails, the domain enters its registrar's grace period (typically 30 days), during which renewal is still at the standard rate
• After grace period: most registrars charge a redemption fee ranging from $75 to over $200 to recover the domain. This fee is the client's responsibility.
• After 60 to 90 days past expiration (varies by registrar): the domain returns to public availability and may be registered by anyone. Recovery is not guaranteed and may require purchasing the domain from the new registrant at market price.

Edge cases

• If the lapse is caused by BeyondVivid failing to send required notices or process a renewal that was paid on time, BeyondVivid covers any redemption fees up to $200
• If the client requests not to renew a domain, BeyondVivid confirms in writing and lets the domain expire normally
• Premium TLD renewals follow the same notice schedule but at registrar-specific rates

Ad spend on Google Ads, Meta Ads, and any other paid platforms is paid directly by the client to the platform. BeyondVivid never collects ad spend from clients and never earns commission on ad spend. The management fee covers the work of running campaigns, not a markup on what gets spent.

Specifics

• Client provides their own payment method to Google Ads, Meta Business Manager, or other ad platforms
• BeyondVivid is granted manager access to run, monitor, and adjust campaigns
• Performance reporting is provided monthly with the metrics that matter for the client's business (cost per lead, cost per acquisition, return on ad spend, conversion rate)
• BeyondVivid recommends minimum ad spend levels for each platform to make management economically viable for the client. Spending below the recommended minimums is permitted but unlikely to produce meaningful results.

No guarantee of marketing outcomes

BeyondVivid commits to applying expertise, executing the agreed scope, and delivering the named deliverables. BeyondVivid does not and cannot guarantee specific marketing outcomes, including but not limited to:

• Specific ad performance numbers (cost per lead, cost per acquisition, return on ad spend)
• SEO rankings or improvements in search position
• Website traffic volume
• Lead volume
• Sales numbers or revenue
• Email open rates, click rates, or deliverability rates
• Social media engagement, reach, or follower growth
• Review counts or review removal
• Google Business Profile call volume or conversion
• Ad approval by Google, Meta, or other platforms
• Organic reach on any platform

This is not BeyondVivid hedging. It's an honest statement about how marketing works. Outcomes depend on the client's product, market, pricing, competition, customer service, sales follow-up, platform algorithms, seasonality, and dozens of other factors outside BeyondVivid's control.

Third-party platform risk

BeyondVivid's services depend on third-party platforms (Google, Meta, Mailchimp, hosting providers, plugins, Stripe, registrars, social platforms, email tools, etc.). These platforms can and do change without notice, and BeyondVivid does not control them. Specifically, BeyondVivid is not responsible for:

• Platform outages or downtime
• Platform policy changes affecting account standing or campaign eligibility
• Account suspensions or bans
• Ad disapprovals
• Plugin or integration conflicts
• Platform price increases
• Feature removal or deprecation
• API changes that affect functionality
• Email deliverability changes due to ISP or platform policy
• Search algorithm changes affecting rankings or traffic
• Social platform reach changes
• Third-party service failures (Stripe, registrars, hosting infrastructure)

When platform changes affect a client's work, BeyondVivid notifies the client, explains the change, and recommends a path forward. Adapting to platform changes is part of the ongoing work; the management fee covers reasonable response to normal platform evolution.

Edge cases

• If a client wishes to pause campaigns temporarily (seasonal business, supply issues, etc.), pausing is free and the management fee can be reduced or paused for the period with 30 days notice
• Account access is removed cleanly when the engagement ends. All campaigns, audiences, and historical data remain in the client's account.

The client's Google Business Profile and other local listings (Yelp, Bing Places, Apple Maps, etc.) are owned by the client. BeyondVivid manages them on the client's behalf with appropriate access levels and follows platform policies to the letter.

Specifics

• GBP listings are claimed in the client's name with BeyondVivid added as a manager
• Review responses are written by BeyondVivid using a tone aligned with the client's brand voice and approved templates
• The client receives a copy of every review response within 24 hours of posting and may edit or revoke any response
• Negative reviews are addressed with calm, professional responses that acknowledge the customer's experience and offer next steps. BeyondVivid does not engage in public arguments with reviewers.
• Fake or policy-violating reviews are flagged through the platform's official reporting tools. BeyondVivid does not use third-party services that promise removal in violation of platform policy.
• Citation building across major directories (Yellow Pages, Foursquare, Apple Maps, BBB, industry-specific directories) is done with consistent NAP (name, address, phone) data

Edge cases

• If a review situation requires legal advice (defamation, fraud, etc.), BeyondVivid recommends the client consult an attorney rather than relying on agency response alone
• Removal of BeyondVivid's manager access on engagement end takes effect within 5 business days

The client's social media accounts (Facebook, Instagram, LinkedIn, TikTok, YouTube, etc.) belong to the client. BeyondVivid is granted appropriate platform access through Business Manager or equivalent and uses that access to create, schedule, and publish content on the client's behalf.

Specifics

• All accounts remain under the client's ownership with BeyondVivid added as a manager, editor, or content creator depending on platform
• Upon final payment for the period during which content was created, BeyondVivid assigns to the client all rights BeyondVivid owns in the social media content BeyondVivid creates, excluding pre-existing tools, templates, methods, stock assets, and third-party licenses
• Default content approval cadence: monthly content calendar reviewed and approved by the client at least one week before the publishing month begins
• Faster-turnaround content (timely posts, trend responses) is approved on a per-post basis with a target response time of 24 hours
• Brand voice and visual consistency is maintained per the client's brand guidelines
• Community management (responding to comments, DMs, mentions) is performed within the response time defined in the SOC-MGT tier (24 hours for Standard and Advanced)

Edge cases

• If a social media crisis emerges (negative viral post, customer service issue going public), BeyondVivid immediately escalates to the client before responding. No public statements are made on the client's behalf without explicit approval during a crisis.
• Access is removed cleanly when the engagement ends. All content, audience data, and historical posts remain in the client's accounts.
• If a client requests content that conflicts with platform policies, brand guidelines, or applicable law, BeyondVivid declines and explains why.

The email list is the client's property at all times. BeyondVivid is granted user access to the email platform (Mailchimp, Klaviyo, ConvertKit, or equivalent) but never holds the list or its data as its own.

Specifics

• The email platform account is created in the client's name with the client as account owner
• BeyondVivid is added as a user with permissions appropriate to the work (typically full editor)
• The list and all subscriber data may be exported by the client at any time without notice
• Subscriber data is treated as confidential and is never shared, sold, or used for any purpose outside the client's campaigns
• Upon final payment, BeyondVivid assigns to the client all rights BeyondVivid owns in the email content BeyondVivid creates, excluding pre-existing tools, templates, methods, stock assets, and third-party licenses
• Platform subscription fees are paid by the client directly to the platform. BeyondVivid does not mark up platform costs.

BeyondVivid's compliance commitments

• BeyondVivid drafts campaigns to include the required structural elements: working unsubscribe link, accurate sender identification, physical mailing address, truthful subject lines, and clear opt-out mechanisms
• BeyondVivid declines requests that would violate anti-spam law or platform policy
• BeyondVivid declines to send to purchased lists, scraped lists, or any contacts the client cannot confirm consent for

Client warranties (what the client confirms when working with BeyondVivid on email)

• All email contacts on the client's list were collected legally
• The client has consent or another lawful basis (legitimate interest where allowed by jurisdiction) to contact each subscriber
• The client is responsible for the accuracy and lawfulness of customer data they provide
• The client is responsible for compliance failures caused by client-provided lists, client-provided data, client claims, or client-instructed campaign content
• The client will not direct BeyondVivid to send to contacts the client knows have opted out, complained, or are subject to active legal disputes

BeyondVivid follows reasonable best practices to keep campaigns compliant, but cannot independently verify how a client's list was collected. The legal responsibility for list provenance and consent stays with the client.

Edge cases

• If a client requests an action that would violate anti-spam law or platform policy (sending to a purchased list, omitting unsubscribe links, misleading subject lines), BeyondVivid declines and explains why
• If a client persists in requesting non-compliant work after BeyondVivid has explained the issue, the engagement may be paused or ended without refund of work already performed
• Removal of BeyondVivid's user access on engagement end takes effect within 5 business days

When SMS marketing is part of a client's engagement, the rules are stricter than email. SMS is a higher-trust channel with mandatory consent requirements, carrier filtering risk, and zero tolerance for purchased lists. BeyondVivid operates within these constraints and the client carries the same compliance responsibility for SMS that they do for email.

Specifics

• SMS campaigns run through approved platforms (Mailchimp SMS, SimpleTexting, Twilio, or equivalent)
• The platform account is created in the client's name with the client as account owner
• BeyondVivid is granted user access to draft, schedule, and analyze campaigns
• Platform subscription fees and per-message costs are paid by the client directly to the platform

Required compliance elements on every SMS campaign

• Express written consent on file for every contact before any message is sent
• Clear sender identification in the first message of any new conversation
• Working opt-out mechanism (typically "STOP") on every campaign message
• Compliance with carrier quiet hours (no marketing messages between 9 PM and 8 AM in the recipient's local time zone)
• Compliance with TCPA, state-specific laws, and carrier rules

Client warranties (what the client confirms when working with BeyondVivid on SMS)

• Express written consent was obtained from each contact before adding them to the SMS list
• The client has documentation of consent and can produce it on request
• The client has not purchased phone lists, scraped contacts, or otherwise acquired contacts without consent
• The client is responsible for the accuracy of phone numbers and for removing contacts who have opted out

Risks the client should know about

• Carrier filtering can block legitimate messages without warning. BeyondVivid follows best practices to minimize this but cannot guarantee delivery.
• SMS delivery is not guaranteed even when content is compliant
• Class-action exposure for TCPA violations is significant. The client is responsible for any legal claims arising from messages sent to contacts the client provided.
• Short codes, 10DLC registration, and toll-free verification take time. SMS programs cannot launch as quickly as email.

What BeyondVivid declines to do

• Send to any list the client cannot demonstrate consent for
• Send marketing messages outside compliant hours
• Send messages without working opt-out instructions
• Operate SMS programs in industries with elevated regulatory risk without explicit attorney-confirmed scope (financial services, legal services, healthcare-related messaging, debt collection, certain political messaging)

Edge cases

• If a client requests an SMS action that would violate TCPA or carrier policy, BeyondVivid declines and explains why
• If a campaign generates a spam complaint rate above carrier thresholds, BeyondVivid pauses the program and works with the client to fix the underlying issue before resuming
• Removal of BeyondVivid's platform access on engagement end takes effect within 5 business days

Upon final payment, BeyondVivid assigns to the client all rights BeyondVivid owns in the final video deliverables, excluding pre-existing tools, templates, methods, stock footage, music, plugins, and third-party licenses. The client may use the videos on their website, social media, in ads, in presentations, and in any business context without ongoing fees to BeyondVivid.

Specifics

• Final delivery includes multiple formats: web-optimized MP4, social-platform-specific aspect ratios (vertical for Reels and Shorts, square and horizontal for Feed and YouTube), and high-resolution archival masters
• Stock footage and music used in the video are licensed for the specific use cases discussed at engagement start. Other uses (broadcast TV, cinema, large-scale paid advertising) may require additional licensing at the client's expense.
• Raw footage is retained by BeyondVivid for 90 days after final delivery and is available to the client on request during that window. After 90 days, raw footage may be deleted unless the client requests preservation.
• Talent appearing in the video (employees, customers, hired actors) must have signed release forms. BeyondVivid coordinates this and includes basic releases in the engagement. Specialized union talent or actors with agents incur additional costs that are quoted in advance.

Portfolio use

• After public release of the video, BeyondVivid may display public-facing video work in its portfolio and case studies unless the SOW specifies otherwise
• The following require prior written consent from the client: internal-only video, training material not intended for public viewing, video featuring private customer information, and any video covering confidential launches or regulated-industry campaigns
• Performance data (view counts, engagement rates, attributed conversions) requires prior written consent before being shared in case studies

Edge cases

• Music licensed for organic use (web, social) may require an upgraded license for paid advertising on the same platform. BeyondVivid flags this at engagement start when paid use is anticipated.
• If the client wishes to extend music licensing for broader use, BeyondVivid arranges the upgrade and passes through the cost
• Raw footage extensions beyond 90 days are billed as a small archive fee

BeyondVivid invoices clearly, with predictable schedules and transparent terms. The goal is to make payment easy and remove ambiguity about what's owed and when.

Specifics

One-time projects

• 33% deposit due at engagement start
• Remainder paid using one of the three options below
• See the project payment options section for details

Recurring services

• Invoiced monthly in advance, due on the 1st of the service month
• Annual prepaid invoiced once per year, due 30 days before the term starts
• Multi-year prepaid invoiced as a single payment due 30 days before the term starts

Payment terms

• Net-15 from invoice date for project work
• Net-0 (due on receipt) for recurring services already invoiced in advance
• Late fees: 1.5% per month on balances unpaid after 30 days

Accepted payment methods

• ACH (preferred, no surcharge)
• Check (no surcharge)
• Debit card (no surcharge)
• Credit card (3% surcharge to cover processing, see details below)

Credit card surcharge details

• The 3% surcharge applies to credit card payments only, not to debit cards or prepaid cards
• The surcharge does not exceed the actual cost BeyondVivid pays for credit card processing
• The surcharge is disclosed before payment is collected
• The surcharge appears as a separate line item on the invoice or payment page so the client can see exactly what they are paying

Past-due procedure

• Reminder notice sent on day 16 after invoice date
• Second notice sent on day 30
• Work pause initiated on day 45 with written notice, including recurring service suspension
• Account hold on day 60 (no new work begins; see "What BeyondVivid will and will not hold during account hold" below)

Project payment options (applies to projects $2,500 and above)

After the 33% deposit, clients choose one of three ways to pay the remainder. The marketing-friendly term is "payment plan." The formal term used on invoices and in the engagement agreement is "Extended Payment Price."

Option 1: Pay in full at delivery

• Total project price as quoted
• Remaining 67% billed on project completion
• Cleanest path, recommended when cash flow allows

Option 2: 3-month Extended Payment Price (+5%)

• Total project price increases by 5% over the base quoted price
• 33% deposit at start, then 3 equal monthly payments beginning the month after delivery
• Payments billed automatically through Stripe with the client's explicit authorization at signing
• Example: a $5,000 base project has an Extended Payment Price of $5,250. Deposit is $1,733, then three monthly payments of $1,172.

Option 3: 6-month Extended Payment Price (+10%)

• Total project price increases by 10% over the base quoted price
• 33% deposit at start, then 6 equal monthly payments beginning the month after delivery
• Payments billed automatically through Stripe with the client's explicit authorization at signing
• Example: a $5,000 base project has an Extended Payment Price of $5,500. Deposit is $1,815, then six monthly payments of $614.

Notes on Extended Payment Price options

• The total Extended Payment Price is stated clearly at signing alongside the base price so the client sees both numbers before choosing
• The 5% and 10% additions cover the cost and risk of spreading payment over time. They are not interest charges.
• Plans are processed through Stripe. The client's explicit written authorization to bill the recurring payment is captured at engagement signing.
• No credit checks are run
• Projects under $2,500 are paid in two installments: 33% deposit, balance at delivery. Extended Payment Price options are not available below this threshold.
• The chosen payment option is locked at engagement signing and cannot be switched mid-project

What BeyondVivid will and will not hold during account hold

If an account reaches the day-60 hold status due to non-payment, the line between what BeyondVivid holds and what the client always keeps is firm.

What BeyondVivid may hold until invoice is current

• Final source files not yet delivered
• Editable design files not yet delivered
• Unpublished drafts and works-in-progress
• Launch access and deployment credentials for unlaunched work
• Final exports for video, brand, or other deliverables
• New work that has not begun

What BeyondVivid will not hold under any circumstances

• The client's domain (always registered in the client's name; see POL-DOM-01)
• Client-owned platform accounts (Google Ads, Meta Business Manager, Mailchimp, Google Analytics, Google Workspace, social media accounts, etc.)
• Client-owned ad accounts
• Email lists
• Access to a live, launched website
• Historical analytics data
• Social media accounts and their content
• Anything legally owned by the client at the time of the account hold

The client's ability to access their accounts, their domain, and their existing live work is not affected by an account hold. Only undelivered work product and new work pause.

Edge cases

• Invoice disputes are addressed within 7 business days of being raised. The disputed amount is paused; undisputed amounts on the same invoice remain due on the original schedule.
• Extended Payment Price default: if a scheduled monthly payment fails and is not resolved within 14 days, the remaining balance becomes due immediately at the original Extended Payment Price (the 5% or 10% addition does not refund)
• Hardship terms beyond the standard options are available at BeyondVivid's discretion and require written agreement before becoming effective

Cancellation policies depend on what kind of service is being cancelled. The general principle: the client should be able to leave without unreasonable friction, and BeyondVivid should be compensated for work already performed.

Specifics

One-time projects

• Cancellable up to the official start of work with a full refund of the deposit minus a $250 administrative fee
• Mid-project cancellation: client pays for work completed to the cancellation date based on a pro-rated assessment of project completion. Any deposit balance is refunded or credited.
• Cancellation after delivery is not applicable. The project is complete.

Monthly recurring services

• 30 days written notice required
• Final invoice covers the notice period
• No refund of payments already made for the current billing cycle

Annual prepaid services

• 30 days written notice required
• Refund formula: refund equals (unused full months × standard monthly rate) minus any unpaid hard costs BeyondVivid has incurred on the client's behalf. In effect, cancelling early forfeits the annual prepay discount on the unused portion.
• Example: An annual analytics retainer prepaid at $3,780 (10% off the $4,200 monthly equivalent at $350/month) cancelled at month 7 would refund (5 unused months × $350) = $1,750, minus any unpaid hard costs. The client paid $3,780, used $2,450 worth of service at the standard rate, and gets $1,750 back.
• The client may alternatively continue receiving the service through the end of the prepaid term and then the service ends without renewal. This option preserves the full value of the prepaid discount.

Multi-year prepaid services

• 30 days written notice required
• Refund of unused portion is pro-rated at the standard monthly rate (not the discounted multi-year rate). In effect, the client loses the multi-year prepay discount on the portion they did not use.
• Example: A 3-year hosting prepaid at $1,375 (15% discount off the $1,620 monthly equivalent) cancelled at 18 months would owe the equivalent of 18 months at the standard monthly rate ($810), receive a refund of $565.

Hosting and domain specifics

• Hosting cancellation: client receives a full site export, DNS record list, and 60 days of access to retrieve everything before service ends
• Domain cancellation: ownership remains with the client regardless of cancellation status. The client may choose to maintain the registration directly with the registrar or transfer to another registrar.

Edge cases

• Cancellation due to BeyondVivid materially failing to deliver as specified is treated separately and may include refunds beyond the standard policy
• Cancellation due to client non-payment follows POL-INV-01 rather than this policy
• Sale of the client's business: the engagement may be transferred to the new owner with BeyondVivid's consent (rarely refused) or cancelled under standard terms
• Death or incapacity of a sole proprietor client: outstanding work is paused, and the estate or designated representative is contacted to determine next steps. No collection action is pursued for at least 60 days.

Once the client approves a deliverable, the client takes responsibility for what's in it. This applies across every category of work BeyondVivid produces: copy, design, ad creative, print files, email campaigns, website content, video, and social media.

What approval means: the client has reviewed the work and confirmed it is ready for publication, printing, sending, or launch.

What the client is responsible for verifying before approving

• Factual accuracy of all claims and statements
• Legal compliance of any claims (medical, financial, legal, performance, regulatory)
• Pricing, offers, and terms presented to customers
• Spelling of names, addresses, and phone numbers
• Brand-specific details only the client can verify (operating hours, service areas, leadership names)
• Final use, distribution, and context

What BeyondVivid commits to

• Producing work that meets the agreed-upon scope and quality standard
• Catching obvious errors during quality review
• Flagging anything that appears legally risky during the review process
• Following the brand voice, style guide, and instructions provided by the client

What BeyondVivid is not responsible for after client approval

• Errors the client approved in a final proof (typos, misspellings, factual mistakes)
• Claims, prices, or offers that the client confirmed and BeyondVivid published
• Print runs, ad spend, or sends executed based on the client's approval
• Outcomes from publishing the approved work

Print and time-sensitive work For print, signage, ad creative going live with paid spend behind it, or other irreversible distribution: BeyondVivid does not begin production or distribution without written approval (email confirmation is sufficient). Once the client provides written approval, the client is the final decision-maker on what gets produced or sent.

Edge cases

• BeyondVivid catching an error after client approval but before final production will pause the work, notify the client, and resume only with confirmation of how to proceed
• BeyondVivid catching an error after production has begun (print press is running, send has started) will notify the client immediately but cannot stop irreversible processes
• Mistakes BeyondVivid introduces between client approval and final production are BeyondVivid's responsibility to fix at BeyondVivid's expense
• Mistakes the client introduces after approval (last-minute change requests, additional edits) restart the approval process; the new version requires new approval before production

Both BeyondVivid and the client may share confidential information with each other during an engagement. Each party agrees to protect the other's confidential information, use it only for the purposes of the engagement, and return or destroy it when the engagement ends.

What counts as confidential information

• Non-public business information, strategies, plans, and goals
• Customer lists, vendor lists, and supplier relationships
• Financial data including revenue, margins, and projections
• Login credentials and account access
• Campaign strategies and creative concepts before they go public
• Pricing, contracts, and internal documents
• Any information clearly marked confidential or reasonably understood to be confidential from context
• BeyondVivid's pricing menu, proposal templates, internal methods, and operational documents

What is not confidential

• Information that is or becomes publicly available through no breach of this policy
• Information the receiving party already had before the engagement started, with documentation
• Information independently developed by the receiving party without using the other party's confidential information
• Information rightfully received from a third party without confidentiality restrictions
• Information required to be disclosed by law, court order, or government agency (after notifying the other party where legally permitted)

How confidential information is handled

• BeyondVivid limits access to confidential client information to team members and contractors who need it to do the work
• Contractors and team members involved in client work are bound by confidentiality terms equivalent to this policy
• Client login credentials are stored in encrypted password management systems, not in plain text
• Client data is never shared with other clients, vendors, or third parties without written authorization
• Anonymized learnings (general patterns and insights without identifying details) may be used by BeyondVivid to improve its own methods

Term of confidentiality

• Confidentiality obligations continue for 3 years after the engagement ends
• For genuinely sensitive information (trade secrets, source code, customer lists), confidentiality continues for as long as the information remains a trade secret under applicable law

Edge cases

• If a court or government agency demands disclosure of the other party's confidential information, the disclosing party notifies the other party first (where legally permitted) and discloses only what is legally required
• A confidentiality breach by either party is addressed first through good-faith discussion; if the breach is material and not cured promptly, it may justify ending the engagement
• This policy does not prevent BeyondVivid from displaying public-facing work in its portfolio, subject to the portfolio-use rules in POL-BRD-01, POL-WEB-01, and POL-VID-01