Brilliantek Master Service Agreement (MSA)
1. Introduction: This MSA incorporates by reference the following individual policies:
- Terms & Conditions (The Foundation)
- Privacy & Data Rights (GDPR/CCPA/Opt-Outs)
- Acceptable Use (The House Rules)
- Consulting & Training (Advisory Boundaries)
- Website Design & Development (Project Milestones)
- Maintenance & Support (Recurring Tech Health)
- Social Media Marketing (The 5-Tier Engagement Model)
- Email Marketing (Automation & Compliance)
- Search Engine Optimization (Organic Growth & SEM)
2. Payment & Tiers: The Client agrees to pay the monthly fees associated with their selected Tiers. Upgrades or downgrades require 15 days notice.
3. The “Level 5” Unified Credit: If a client subscribes to Level 5 across multiple services (SMM, Email, SEO), the $100 credits are cumulative and may be pooled into a single “Growth Fund” for maximum impact, at the Company’s discretion.
4. Liability & IP: As per our General Terms, liability is capped at the amount paid for the service in question. IP for deliverables transfers to the Client only upon full and final payment.
5. Termination: This agreement remains in effect as a whole or as its individual parts are representative by a client’s invoiced services until terminated by either party with 30 days written notice.
6. Third-Party Reliance: Brilliantek LLC utilizes third-party software, hosting, and platforms (e.g., Google, Meta, AWS, Azure). While we follow all industry best practices for configuration, we are not liable for business interruptions, data loss, or ranking drops caused by the failure, policy changes, or outages of these third-party providers.
Data Processing Addendum (DPA)
1. Definitions: * “Data Controller” refers to the Client.
- “Data Processor” refers to Brilliantek LLC and its divisions Brilliantek Media and/or Brilliantek Host.
- “Personal Data” refers to any information relating to an identified or identifiable natural person (your customers).
2. Scope of Processing: The Processor shall process Personal Data only for the purposes of performing the Services (Web Dev, Marketing, Consulting) as outlined in the Service Selection Sheet.
3. Confidentiality: The Processor ensures that all personnel authorized to process Personal Data have committed themselves to confidentiality.
4. Security Measures: The Processor shall implement appropriate technical and organizational measures (encryption, firewalls, secure passwords) to ensure a level of security appropriate to the risk.
5. Sub-processors: The Client grants the Processor general authorization to engage sub-processors (e.g., hosting companies, email tools). The Processor remains fully liable for the performance of the sub-processor’s obligations.
6. Data Subject Rights: The Processor shall assist the Controller, insofar as possible, in fulfilling the Controller’s obligation to respond to requests from individuals exercising their rights (e.g., Right to Erasure).
