Welcome to Beam Agency LLC (“Beam,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website, beamagency.com (the “Site”), and any services provided by Beam Agency LLC, including our SMS messaging program.
By accessing or using our Site or services, you agree to be bound by these Terms. If you do not agree, please do not use our Site or services.
1. About Beam Agency LLC
Beam Agency LLC is a Washington State limited liability company that operates as a staffing agency. Beam sources, vets, trains, certifies, and places Argentine independent contractors with United States businesses on a recurring monthly engagement basis.
Beam contractors are placed in specialized operational roles including but not limited to: Designer, 3D & Video Editor, Funnel Builder, Website Builder, Email Marketing Specialist, Paid Media Specialist, Social Media Manager, Project Coordinator, and Reporting & Analytics Specialist.
Beam Agency LLC does not guarantee employment, permanent placement, or specific business outcomes.
2. Use of Website
You agree to use this Site only for lawful purposes and in a way that does not infringe on the rights of others or restrict their use of the Site.
You may not:
- Use the Site for fraudulent or misleading purposes
- Attempt to gain unauthorized access to the Site or its systems
- Copy, reproduce, or redistribute Site content without permission
- Scrape, harvest, or collect data from the Site through automated means without prior written consent
3. Services and Engagements
All services provided by Beam are subject to:
- A written proposal, Client Services Agreement, or other binding agreement signed by both parties
- Defined scope, timeline, deliverables, and fees
- Acceptance by both parties
Verbal agreements are not binding unless confirmed in writing.
These public Terms govern your use of the Site and provide a framework for the commercial relationship. The specific terms of any placement engagement are governed by the Client Services Agreement executed between Beam and the client. In the event of any conflict between these Terms and a signed Client Services Agreement, the Client Services Agreement controls.
4. Beam Contractors and Placement Services
a. Independent Contractor Status
Beam Agency LLC sources, vets, trains, and places independent contractors. Beam contractors are:
- Independent contractors, not employees of Beam or of Beam's clients
- Residents of Argentina who provide services remotely
- Engaged by Beam under separate Contractor Agreements
- Not authorized to bind, represent, or speak for Beam or the client beyond the scope of their assigned role
b. Client Responsibilities
Clients engaging Beam contractors through Beam are responsible for:
- Defining the scope, deliverables, and success criteria of the role
- Providing the contractor with reasonable working conditions, tools, and access necessary for the role
- Compliance with all applicable laws governing the client's business operations
- Routing all payments for the contractor's services through Beam, not directly to the contractor
c. Contractor Performance
Beam is not responsible for the day-to-day performance, actions, or omissions of individual contractors. Beam's obligation is limited to (i) initial vetting and training, (ii) matching contractors to client roles in good faith, (iii) providing the Replacement Guarantee described in Section 9 of these Terms, and (iv) ongoing performance support as described in the Client Services Agreement.
5. Fees and Payments
a. Standard Fee Structure
Beam's standard placement engagements include two fees:
- Placement Fee, a monthly fee for the contractor's placement, ranging based on role seniority and contractor experience
- Beam Market Operations Fee, a flat $72 USD per month per placement, covering platform, infrastructure, and ongoing operational support
Both fees are billed monthly in advance. Specific fee amounts for any engagement are set forth in the Client Services Agreement and accompanying Proposal.
b. Billing Schedule
Unless otherwise specified in the Client Services Agreement:
- First invoice is issued upon contract signature and is due before the contractor's first day of service
- Subsequent invoices are issued monthly on the same day of each month and are due net-15 days from issuance
- Initial Term, the first 90 days of any engagement are non-cancellable as described in Section 8 of these Terms and in the Client Services Agreement
c. Late Payments
Payments more than 15 days past due may be subject to:
- A late fee of 1.5% per month (or the maximum permitted by law, whichever is lower)
- Suspension of contractor access at Beam's discretion
- Material breach of the Client Services Agreement after 30 days past due
d. Non-Refundable
All fees are non-refundable once paid, except as specifically provided in the Client Services Agreement (e.g., pro-rated refund of unused service days following a confirmed termination for cause).
e. Credit Card Processing
Payments made by credit card may be subject to a processing surcharge, disclosed at the time of invoicing in accordance with applicable law.
6. Intellectual Property
a. Beam's Property
All content on this Site, including text, graphics, logos, images, design, branding, and the “Beam” and “Beam Agency” marks, is the property of Beam Agency LLC or its licensors and is protected by intellectual property laws.
You may not use Beam's branding, content, or materials without prior written consent.
b. Work Product
Work created by Beam-placed contractors as part of their engagement with a client is the property of that client, subject to (i) full payment of all fees due to Beam, and (ii) the contractor's underlying ownership of their own pre-existing tools, techniques, and methodologies.
c. Client-Provided Materials
Clients represent that they have the legal right to use any materials provided to Beam or to Beam contractors (logos, images, copy, data, brand assets, software, etc.).
Beam is not responsible for copyright, trademark, or licensing violations related to client-provided materials.
7. Confidentiality
Beam and its contractors maintain the confidentiality of client business information disclosed during the engagement. Specific confidentiality obligations, including non-disclosure of client trade secrets, customer lists, financial information, and proprietary processes, are set forth in the Client Services Agreement and in Beam's underlying Contractor Agreements.
Clients agree to maintain the confidentiality of Beam's contractor identities, training methodologies, internal pricing, and operational processes disclosed during the engagement.
8. Engagement Term and Cancellation
a. Initial Term
All Beam placement engagements have a 90-day Initial Term beginning on the contractor's first day of service. During the Initial Term, the engagement is non-cancellable except for material breach as defined in the Client Services Agreement.
The Initial Term exists to ensure the contractor has sufficient time to onboard, integrate into the client's team, and demonstrate value. Clients who attempt to cancel during the Initial Term remain obligated for the full 90 days of placement fees plus the Market Operations Fee.
b. After the Initial Term
After the 90-day Initial Term, the engagement continues on a month-to-month basis and may be cancelled by either party with thirty (30) days written notice. Cancellation terms are governed by the Client Services Agreement.
c. Termination for Material Breach
Either party may terminate the engagement immediately for material breach, including non-payment, misuse of contractor services, violation of confidentiality, or breach of the Contractor Non-Solicit. Specific termination rights and remedies are set forth in the Client Services Agreement.
9. Replacement Guarantee
If during the Initial Term a Beam-placed contractor is unable or unwilling to continue, or fails to perform to standard, Beam will source and place a replacement contractor at no additional placement fee. Specific terms of the Replacement Guarantee, including the replacement timeline and conditions, are set forth in the Client Services Agreement.
10. Contractor Non-Solicit
During the engagement and for twenty-four (24) months following its termination, clients agree not to directly hire, contract with, or solicit any Beam contractor outside of Beam Agency LLC. A Conversion Fee of $30,000 USD per contractor applies to violations of this provision.
Full terms of the Contractor Non-Solicit, including remedies for breach, are set forth in the Client Services Agreement.
11. SMS Communications and Messaging Program
Beam Agency LLC operates an SMS text messaging program available to prospects and clients who voluntarily opt in. Participation is entirely voluntary. By ticking a consent checkbox on Beam's opt-in form and providing your phone number, you agree to receive SMS text messages from Beam Agency LLC in accordance with the terms described in this section.
a. Program Description
Beam Agency LLC operates a mixed SMS messaging program with two distinct message categories. You may opt in to either, both, or neither category. Beam routes communication strictly based on which category checkbox(es) you ticked.
Marketing/Promotional Messages, sent only if you ticked the marketing consent checkbox. May include:
- Special offers, discounts, and service-related promotions
- Lead-conversion messaging following Beam's Hiring Mistake Scorecard
- Invitations to book a Discovery call
- Service updates and new product announcements
Non-Marketing/Transactional Messages, sent only if you ticked the transactional consent checkbox. May include:
- Discovery call confirmations
- Appointment reminders before scheduled calls
- Account-related updates and notifications
- Customer-care follow-ups tied to your specific inquiry or scheduled appointment
b. Message Frequency
Message frequency varies based on your interactions with Beam Agency LLC. You can expect:
- Up to 3 marketing messages over a 4-day window per scorecard inquiry (if opted in to marketing)
- Up to 3 transactional messages per scheduled appointment (if opted in to transactional)
c. Message and Data Rates
Message and data rates may apply depending on your mobile carrier and plan. Beam Agency LLC is not responsible for any fees charged by your wireless carrier for sending or receiving SMS messages.
d. Opt-In Consent
Participation in our SMS program is voluntary and is collected through a dedicated, publicly accessible web form. The form presents two separate, unchecked, optional consent checkboxes, one for marketing messages, one for non-marketing messages. You may tick either, both, or neither. The checkboxes are not required to submit the form.
You will not be enrolled in our SMS program by:
- Submitting your phone number on any form without ticking a consent checkbox
- Booking a Discovery call through our calendar (which collects phone number for voice contact only)
- Having information submitted on your behalf by a Beam Agency LLC sales partner without your direct consent
Your opt-in status, including which checkbox(es) you ticked, the timestamp, the IP address, and the exact consent text you agreed to, is recorded in Beam Agency LLC's customer management system as a permanent audit record. No SMS will be sent to your phone number in a category unless you have ticked the corresponding consent checkbox.
e. Opt-Out Instructions
You can opt out of receiving SMS messages from Beam Agency LLC at any time by replying STOP to any message you receive. After replying STOP, you will receive one confirmation message acknowledging the opt-out, and no further SMS messages will be sent unless you re-opt in.
You may opt out of one SMS category while remaining opted in to the other by contacting us directly at hello@beamagency.com.
f. Help and Support
For help or questions about our SMS program, reply HELP to any message, email hello@beamagency.com, or call (360) 954-2326.
g. Eligibility (Age Restriction 18+)
You must be eighteen (18) years of age or older to opt in to receive SMS messages from Beam Agency LLC. By ticking a consent checkbox on our opt-in form, you represent and warrant that you are at least eighteen (18) years of age.
h. Carrier Liability Disclaimer
Mobile carriers, including but not limited to AT&T, T-Mobile, Verizon, Sprint, U.S. Cellular, Boost Mobile, MetroPCS, and any other wireless service providers are not liable for delayed, undelivered, or misdelivered SMS messages. Beam Agency LLC is not responsible for carrier-related message delivery issues.
i. Privacy and Data Handling
Information collected through our SMS program is governed by our Privacy Policy. No mobile information, phone numbers, or SMS opt-in data will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing with subcontractors providing support services (such as message delivery aggregators, including Twilio via HighLevel) is permitted only as necessary to deliver the SMS program. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
j. Changes to the SMS Program
Beam Agency LLC reserves the right to modify, suspend, or discontinue the SMS messaging program at any time without prior notice. Material changes affecting your rights will be reflected in updates to these Terms and our Privacy Policy.
12. No Guarantees
Beam Agency LLC does not guarantee:
- Specific business results or financial outcomes for clients
- Revenue growth, leads, conversions, or performance metrics
- Specific contractor availability for any role
- That any particular contractor will remain with Beam or with a client for any defined period
- Specific timelines beyond those expressly stated in a written agreement
All services are provided on a best-effort basis subject to the terms of the Client Services Agreement.
13. Limitation of Liability
To the fullest extent permitted by law, Beam Agency LLC shall not be liable for:
- Indirect, incidental, consequential, special, or punitive damages
- Loss of profits, revenue, data, business opportunities, or goodwill
- Acts, omissions, or errors of placed contractors beyond Beam's direct control
- Acts, omissions, or errors of third-party services, platforms, or providers
- Delayed or undelivered SMS messages caused by mobile carriers or third-party service providers
- Force majeure events including but not limited to natural disasters, pandemics, governmental actions, internet or infrastructure outages, or international banking or wire transfer disruptions
Our total cumulative liability under any engagement shall not exceed the total amount paid by client to Beam for services in the three (3) months immediately preceding the event giving rise to the claim.
14. Third-Party Tools and Links
Our Site or services may reference or link to third-party tools, platforms, or websites (including HighLevel, Stripe, Twilio, Google Workspace, Slack, Zoom, and others). Beam is not responsible for the content, policies, security, availability, or practices of third parties.
Use of third-party services is at your own risk and subject to those third parties' terms of service.
15. Termination of Site Access
Beam reserves the right to terminate or suspend access to the Site at our discretion, including for violations of these Terms. Termination of Site access does not affect the parties' obligations under any signed Client Services Agreement, which remains in effect according to its terms.
16. Dispute Resolution
a. Good Faith Negotiation
In the event of any dispute arising out of or relating to these Terms or any service provided by Beam, the parties agree to attempt in good faith to resolve the dispute through direct negotiation before pursuing any formal legal remedy.
b. Binding Arbitration
If direct negotiation fails, the parties agree that all disputes shall be resolved through binding arbitration in King County, Washington, under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.
c. Exception for Injunctive Relief
Notwithstanding the arbitration requirement, either party may seek injunctive or equitable relief in a court of competent jurisdiction in Washington State for (i) violations of intellectual property rights, (ii) breaches of confidentiality, or (iii) violations of the Contractor Non-Solicit provisions in any executed Client Services Agreement.
d. Attorneys' Fees
The prevailing party in any arbitration or litigation arising under these Terms shall be entitled to recover its reasonable attorneys' fees and costs.
17. Governing Law
These Terms and any Client Services Agreement are governed by the laws of the State of Washington, without regard to its conflict of law principles.
Subject to the arbitration requirement in Section 16, any legal action permitted under these Terms must be brought in the appropriate courts located in King County, Washington.
18. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to render it enforceable while preserving the parties' original intent.
19. No Waiver
Failure by Beam to enforce any provision of these Terms shall not constitute a waiver of Beam's right to enforce that provision or any other provision in the future.
20. Changes to These Terms
We may update these Terms at any time. Updates will be posted on this page with a revised “Last Updated” date. Continued use of the Site or services after such updates constitutes acceptance of the updated Terms. Material changes affecting your rights under an active Client Services Agreement will not be applied retroactively without your written agreement.
21. Contact Information
For questions about these Terms, please contact:
Beam Agency LLC
12012 NE 150th Circle
PO Box 1023
Brush Prairie, WA 98606
Phone: (360) 954-2326
Email: hello@beamagency.com
Website: https://beamagency.com
End of Beam Agency LLC Terms & Conditions v3.0