This document establishes the Terms and Conditions governing the access, use, and contracting of the services offered by NTS PUBLICIDAD, S.A. DE C.V. (hereinafter, “Brand lift” or “the Company”) through its website and other official digital media. The use of the site, navigation in any of its sections, or the contracting of services implies the express, full, and unreserved acceptance of these terms.
The user declares that they are of legal age and have full legal capacity to enter into contracts and assume obligations in accordance with Mexican law.
If acting in the name and representation of a legal entity, the user declares under oath that they have sufficient legal authority to validly bind said entity under the terms of this document.
The access and use of the services offered by Brand lift implies the express and voluntary acceptance of these Terms and Conditions, the current Privacy Notice, and any other complementary document or policy published on the Company's official channels.
In case of not agreeing with any of the provisions contained herein, the user must refrain from using the site or contracting the services.
Brand lift is dedicated to providing professional graphic design, digital advertising, visual identity development, animation, packaging, photography, and digital content production services for social networks, web platforms, and other audiovisual media.
Services may be offered under comprehensive projects or by package, with previously defined scope, timing, and deliverables. Each service has a specific description, detailing its characteristics, scope, estimated delivery times, and materials required from the client to start the project.
Brand lift reserves the right to update, modify, or discontinue any of its services, without affecting previously contracted or ongoing commitments.
The contracting of services will be considered formalized once the client receives a written confirmation or email accepting the order or commercial proposal, issued by Brand lift.
All payments must be made through the electronic payment gateways enabled on the website or through methods previously authorized by the Company. Payment constitutes an express manifestation of agreement with the scope, costs, times, and agreed conditions.
Published prices are expressed in Mexican pesos (MXN) and include Value Added Tax (VAT), unless otherwise indicated. Brand lift reserves the right to update or modify its rates at any time, always respecting the agreements previously confirmed with its clients.
In the event of delays or failure to pay by the client, Brand lift may temporarily suspend the provision of services until the situation is regularized, without this generating any liability for the Company.
The client acknowledges and accepts that the proper development of the contracted project depends largely on their collaboration, timely communication, and delivery of complete and truthful information. In this regard, they are obliged to:
• Provide all information and materials necessary for the proper execution of the service, including but not limited to: technical specifications, project objectives, briefings, logos, texts, photographs, access to digital platforms, brand manuals, visual references, and any other element requested by Brand lift.
• Review and approve in a timely manner the proposals, advances, or partial deliveries presented to them, providing clear, specific feedback within the deadlines established in the project schedule.
• Comply on time with communication, approval, and material delivery obligations, acknowledging that any delay attributable to the client may pause the originally agreed deadlines without implying a breach by Brand lift.
• Guarantee the legitimacy and legality of the contents, materials, or information provided, declaring that they possess all necessary rights, licenses, or authorizations for their use, reproduction, and publication.
In the event that the materials delivered by the client infringe intellectual property rights, image rights, or any other rights belonging to third parties, the client will assume all legal and economic responsibility, expressly releasing NTS PUBLICIDAD, S.A. DE C.V. from any claim, damage, or prejudice derived from the use of said elements.
Brand lift develops all its projects through a structured creative methodology, which includes planning, conceptualization, design, execution, and validation stages with the client. During this process:
• Partial deliveries or creative “checkpoints” will be made for the client's review and approval before advancing to the next stage.
• The number of revisions or adjustments included will depend on the type of service contracted and will be indicated in the corresponding proposal or quote.
• Any additional revision or modification request that exceeds the originally contemplated adjustments may generate an additional charge, subject to prior notice and client authorization.
For the sake of clarity, a 'revision' will be understood as any reasonable adjustment to the delivered work, such as text corrections, minor changes in color, proportion, alignment, or format.
On the other hand, substantial changes—and therefore, not included in the original package—will be considered those that imply a new creative direction, concept replacement, comprehensive redesign, or inclusion of elements not contemplated in the initial proposal. Such modifications will be quoted and scheduled as a new project or additional phase.
The final products generated by Brand lift will be delivered in standard digital formats appropriate to the nature of the contracted service (e.g., JPG, PNG, MP4, GIF, PDF, or others previously agreed upon).
Unless expressly stipulated in the quote or contract, editable source files—such as PSD, AI, AEP, INDD, or other professional software formats—are not included by default and can only be delivered upon express request by the client, with an additional charge determined according to the project's scope and the value of the intellectual work involved.
Deliveries will be made through secure digital platforms, such as email, download links, private cloud, or services like WeTransfer, Google Drive, or Dropbox.
Once the files are delivered, the client assumes total responsibility for their download, storage, and backup, acknowledging that Brand lift is not obliged to keep copies or indefinite backups of the materials once the project is concluded.
Any request to resend or recover files after the completion of the project may involve an additional cost for management or backup search.
NTS PUBLICIDAD, S.A. DE C.V. retains all intellectual, industrial, and moral property rights over the contents, designs, methodologies, and materials developed within the framework of its services, except for those usage rights that are expressly assigned to the client as established below.
Once the client makes the total and final payment for the contracted service, Brand lift will grant a non-exclusive, transferable, and commercial-scope use license over the final deliverables produced (graphic pieces, videos, campaigns, logos, packaging, or other materials), with the sole purpose that the client can use or exploit them in their own business, brand, or project.
Said assignment of use does not imply a transfer of intellectual property over the conceptual, methodological, or technical elements used in creating the pieces. In this regard, Brand lift retains:
• Moral rights of authorship, including recognition as the creator and the integrity of the developed works.
• The right to exhibit the completed projects in its professional portfolio, website, social networks, promotional materials, or corporate presentations, with the sole purpose of showing its experience and technical capabilities, without implying the disclosure of sensitive or confidential client information.
• Exclusive ownership of its working methodologies, creative processes, base templates, technical tools, proprietary software, and the set of distinctive signs that make up the “Brand lift” brand.
Any reproduction, distribution, or use other than authorized will require prior written consent from NTS PUBLICIDAD, S.A. DE C.V.
The client acknowledges that the nature of the contracted service is creative and consultative, and that Brand lift acts as a provider of visual, graphic, and advertising solutions according to the briefing, objectives, and materials provided by the client.
Although the Company is committed to delivering products of the highest professional and technical quality, it cannot guarantee specific commercial results, such as an increase in sales, conversions, reach, virality, audience growth, or positioning on digital platforms, since these results depend on external factors beyond its control (market, algorithms, dissemination strategies, advertising budget, etc.).
Likewise, Brand lift will not be responsible for:
• The use, modification, or publication that the client makes of the pieces once delivered;
• Strategic, financial, or marketing decisions adopted by the client based on the created materials;
• Changes in policies, terms of service, or guidelines of digital platforms (Meta, Google, TikTok, etc.) that affect the visibility, acceptance, or publication of the content; nor
• Indirect losses, loss of profit, consequential damages, or prejudice derived from the use or impossibility of use of the deliverables.
In any case, the maximum responsibility of Brand lift towards the client will be limited to the total amount effectively paid for the specific service that originated the claim, without any additional compensation or indemnification for damages.
During the execution of the services, the client may share sensitive or strategic information with Brand lift regarding their business, brand, or projects (e.g., commercial strategies, financial data, launch plans, customer databases, among others).
Brand lift commits to keeping said information under strict confidentiality, using it only for the purposes of the contracted project and refraining from disclosing it to third parties, except when strictly necessary for the execution of the service and always under confidentiality agreements with external collaborators involved in the creative process.
This obligation will remain in force even after the conclusion of the project and for a reasonable period according to the commercial customs of the sector.
Brand lift may temporarily suspend or terminate the provision of the service, without any liability, in any of the following cases:
• Default in payment of fees or any agreed amount;
• Repeated failure to deliver essential materials or information by the client that prevents the project's progress;
• Provision of false or misleading information that affects the execution of the work;
• Use of the services or materials for illegal, defamatory, immoral, or public order-violating purposes;
• Disrespectful, aggressive, or defamatory conduct towards the staff, collaborators, or representatives of Brand lift; or
• Any other substantial breach of the obligations assumed in these Terms and Conditions.
In the event of suspension or early termination, the client must cover the costs generated up to the termination date, including hours actually worked, partial advances, and incurred operational expenses.
We will not be responsible for breaches caused by circumstances beyond our control: natural disasters, massive technological failures, social conflicts, pandemics, sudden regulatory changes, or suspension of third-party services on which we depend.
These terms are governed by Mexican laws. Any controversy will be resolved before the competent courts of Mexico City.
All official notifications are sent to the email registered during contracting. Keeping it updated is your responsibility.
We may update these terms occasionally. Modifications apply to subsequently contracted services. Ongoing projects are governed by the terms in effect at the time of contracting.