Who. “I”, “me” and “By Ben Rowe” mean Benjamin Rowe, a sole proprietor in New Jersey trading as By Ben Rowe. “You” means the business that pays for a project or a plan.
Two parts. Part 1 covers a commercial, with or without an ad launch. Part 2 covers monthly programs. The part that matches what you paid for applies.
Part 1 · Commercials and ad launches
1. What you get
- Commercial + ad launch: one shoot of about two to four hours from a shot list we plan together; a 30–60 second commercial; short cuts for ads; versions sized for your website and Google profile; the commercial run as a Facebook and Instagram ad to people near your business for 30 days; and a report of the numbers (views, clicks, inquiries and cost per inquiry) with a review call at the end.
- Commercial only: the same shoot, commercial, cuts and files, without the ad or the report.
- The option and price are the ones we agree on our call and that appear on your payment receipt or invoice.
- Not included: ad spend, posting to or managing your social media accounts, a brand kit, and anything else not listed above. Those are quoted separately if you want them.
2. Price and payment
- 50% upfront, 50% when it’s done. The first half is due when you sign this agreement and books your shoot; your shoot date is confirmed once it arrives. The second half is due when I deliver the finished commercial. The ad goes live, and the final files are handed over, once it’s paid.
- You can pay by card or bank transfer through Stripe, or by invoice.
- Prices are in US dollars and don’t include any sales tax that may apply.
- Founding price. If you paid the founding price, you agree to give me a short testimonial if you’re happy with the result, on camera if you’re comfortable with it. You’ll never be asked to say anything you don’t mean, and if you’re not happy, you owe no testimonial. Wherever I publish it, I’ll say you were a founding client at a reduced price.
3. Ad spend
Ads run on your own Meta ad account, paid by your card directly to Meta. You choose the daily budget (most businesses start at $10–20 a day). Ad spend is never part of my fee and I never mark it up. Meta’s own advertising terms and policies apply to your ads, and Meta decides whether an ad is approved.
4. Timeline
- We plan the shot list together, then pick a shoot day that suits you.
- I send the commercial for your approval, normally within a week of the shoot.
- My aim is to have your ad live within about three weeks of payment. That depends on you approving the commercial and setting up ad access in good time; delays on either side move the dates.
5. Moving the shoot
Tell me at least 48 hours before and we move it at no cost. With less notice, we find a new day together, and the rest of the timeline moves with it. If I have to move the shoot, I’ll rebook it at no cost.
6. Approval and changes
- Nothing runs until you approve it.
- Up to three rounds of changes to the commercial are included. Further rounds, or changes that need new filming, are quoted before I do them.
7. The 30 days, and the recut guarantee
- For a Commercial + ad launch, the ad runs for 30 days. I check it every week and may adjust it (for example, switching to a different cut or changing the area) to improve results.
- Recut guarantee. Before launch, we agree in writing the number of inquiries the 30 days should bring. If the ad brings fewer, I’ll make a new cut with a new opening and run it for two more weeks at no extra fee. Ad spend for those two weeks stays yours.
- The recut guarantee applies if you kept the ad running at the agreed daily budget, answered inquiries the same business day, and didn’t change the ad yourself.
8. Your part
- For an ad launch: add me as a partner in Meta Business Suite with access to your ad account and permission to advertise as your Page, with your card on the ad account. I never need or ask for your passwords or social media logins. You can remove my access at any time.
- Make sure someone answers inquiries from the ad, ideally the same business day.
- Make your premises, people and products available on the shoot day.
- Make sure anything you give me (logos, photos, music, offers and claims about your business) is yours to use and accurate.
- Get permission from your staff to be filmed. I’ll ask customers who appear on camera to sign a release.
9. Who owns the work
- Once paid for, the finished commercial, cuts and files are yours to use for your business, for as long as you like.
- Raw footage and project files stay with me. I’ll share specific raw files on request.
- I may show the work, including the commercial, cuts, photos and behind-the-scenes footage from the shoot, on my website, in my portfolio and on my social media, now and later. I won’t publish your ad results or your customers’ details without your permission.
10. Results
I’ll make a commercial you’re proud of and run it to the right people near you, and I’ll show you every number. How many people inquire and buy depends on many things outside my control, including your offer, prices and how inquiries are handled. Apart from the recut guarantee, I don’t guarantee a number of views, inquiries or sales.
11. Cancelling and refunds
- Once this agreement is signed, payments are not refundable, including if you cancel the project. If you cancel before the commercial is delivered, the second half is not due.
- If I can’t deliver something I’ve committed to, I’ll redo it or refund that part, your choice.
12. Confidentiality, liability and general
- I keep your business information, account access and customer details private, and use them only for your project.
- To the extent the law allows, my total liability for a project is limited to the fee you paid for it. Neither of us is liable for indirect losses such as lost profits.
- I’m an independent contractor, not your employee or agent. These terms are governed by the laws of the State of New Jersey.
- If I update these terms, the version on the day you paid applies to your project.
- Questions: ben@bybenrowe.com
Part 2 · Monthly programs
For the monthly plans described at bybenrowe.com/offer.
1. What you get
The plan you pay for, as described at bybenrowe.com/offer on the day you pay: the Go-To Program, Full Coverage, a Content Day or an extra shoot. Anything not listed there, including ad spend, paid software and subscriptions, and a full website rebuild, is quoted separately.
2. Term and billing
- Monthly programs have a three-month minimum term, starting on the date of your first payment. After that they continue month to month.
- You are billed automatically through Stripe on the same date each month. A prepaid three-month plan covers the minimum term and then continues month to month at the monthly price unless you cancel.
- If a payment fails and isn’t fixed within 7 days, I pause work until it is.
- Prices are in US dollars and don’t include any sales tax that may apply.
3. Cancelling
- After the minimum term, cancel any time by emailing ben@bybenrowe.com at least 14 days before your next billing date. Your plan runs to the end of the month you’ve paid for.
- If you cancel during the minimum term, the remaining months of the minimum term are still due.
- Either of us may end the agreement straight away if the other seriously breaks it and doesn’t fix it within 14 days of being told.
4. Refunds
Payments for a month, Content Day or shoot that has started are not refundable. If I can’t deliver something I’ve committed to, I’ll make it up the following month or refund that part, your choice.
5. Getting started
- You complete the onboarding form and we hold a kickoff call, normally within 7 days of your first payment.
- Your first posts go live within 14 days of the kickoff call.
- If you ask to delay the first shoot by more than 14 days, the minimum term moves back by the length of the delay. Billing stays on its normal date.
6. Shoots
- Shoot dates are agreed at kickoff and then each month. Each shoot follows a shot list and normally takes two to three hours.
- To move a shoot, tell me at least 48 hours before. With less notice, the shoot counts as used, unless it’s an emergency or the weather makes it unsafe.
- If I have to move a shoot, I’ll rebook it at no cost.
- Unused shoots don’t roll over to later months, except when I moved them.
7. Approvals
I send posts for approval before they go out. If I haven’t heard from you within 48 hours, they’re approved and go out as planned. You can ask me to take down or change any post at any time.
8. Your part
- Give me the access I need: through each platform’s own sharing tools (for example, partner access in Meta Business Suite), and Instagram Shared Access where your account has it. Where a platform has no sharing tool, or Shared Access isn’t available, we agree together how posts go out: you store the login in a password-manager vault we share, with two-factor authentication kept on, or you post drafts I send. Ads run on your own ad account and are billed to you. Never send passwords by message or email. You can remove my access at any time.
- Make your premises, people and products available on shoot days.
- Make sure anything you give me (logos, photos, music, claims about your business) is yours to use and accurate.
- Get permission from your staff to be filmed. I’ll ask customers who appear on camera to sign a release.
9. Who owns the work
- Once paid for, the finished photos, videos and posts are yours to use for your business, during and after our work together.
- Raw footage and project files stay with me. I’ll share specific raw files on request.
- I may show the work in my portfolio and on my own channels, unless you ask me not to in writing.
10. Results
I work hard to grow your business and track an agreed goal every month, but social media reach and sales depend on many things outside my control. I don’t guarantee specific numbers of followers, views, leads or sales.
11. Confidentiality
I keep your business information, account access and customer details private, and use them only to do this work.
12. Liability
To the extent the law allows, my total liability under this agreement is limited to the amount you paid me in the three months before the claim. Neither of us is liable for indirect losses such as lost profits.
13. General
- I’m an independent contractor, not your employee or agent.
- I may update these terms; changes apply from your next billing date, and I’ll tell you by email at least 14 days before.
- This agreement is governed by the laws of the State of New Jersey.
- Questions: ben@bybenrowe.com