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Terms and Conditions

Please read these Terms and Conditions carefully before using the services of Thinking Baboon. By signing a Service Agreement, submitting payment, or otherwise engaging Thinking Baboon for services, you confirm that you have read, understood, and agreed to be bound by these Terms and Conditions.

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About Thinking Baboon

Thinking Baboon is a brand awareness and online reputation management company. We provide services including brand strategy, citation building, business profile optimization, PR campaigns, thought leadership content, E-E-A-T authority building, AI visibility optimization, online reputation monitoring, review management, content suppression, and related services (collectively, the “Services”).

Thinking Baboon is not a branding agency and does not provide logo design, visual identity design, or full creative branding services. Our scope is limited to brand awareness, online presence building, and reputation management as described in your Service Agreement.

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Agreement Structure

These Terms and Conditions (“Terms”) form part of the agreement between Thinking Baboon (“we,” “us,” “our”) and the individual or organization engaging our services (“Client,” “you”). They apply alongside any Service Agreement, proposal, or order form signed or accepted by the Client.

In the event of a conflict between these Terms and a signed Service Agreement, the terms of the signed Service Agreement will take precedence for that specific engagement.

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Services and Scope

3.1 What We Provide

Thinking Baboon offers two primary service lines, each available independently or together:

3.2 What We Do Not Replace

Our services are designed to amplify and support the Client’s existing marketing activities. Thinking Baboon does not replace paid advertising, SEO agencies, social media management teams, website development, or any other marketing function the Client currently operates. Our services work alongside these functions to improve overall brand authority and marketing performance.

3.3 Scope of Each Engagement

The specific deliverables, activities, platforms, and output volumes included in each engagement are defined in the applicable Service Agreement and/or tier description. Services outside the agreed scope may be available as add-ons at additional cost.

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Service Tiers and Packages

Thinking Baboon offers three retainer tiers for each service line (Starter, Growth, and Authority), two one-time entry packages (Brand Audit Package and Brand Launch Package), and optional add-on services. Current pricing is published at thinkingbaboon.com/pricing and may be updated from time to time.

The applicable tier, pricing, and inclusions for each Client are specified in the signed Service Agreement. Pricing may be quoted in USD and adjusted to local currency where agreed in writing.

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Setup Fees

A one-time setup fee is charged at the commencement of each new retainer engagement. This fee covers onboarding, the initial brand or reputation audit, and the creation of the Client’s strategy document or baseline report. Setup fees are non-refundable once onboarding has commenced.

Current setup fees by tier: Brand Awareness Starter $200, Brand Awareness Growth $300, Brand Awareness Authority $500, ORM Starter $150, ORM Growth $250, ORM Authority $400. Setup fees for one-time packages are included in the package price.

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Payment Terms

6.1 Monthly Retainer Billing

Monthly retainer fees are billed at the start of each billing cycle. Payment is due within 7 days of invoice issuance unless otherwise agreed in writing. For new engagements, the setup fee and first month’s retainer are due before work commences.

6.2 One-Time Package Billing

One-time package fees are payable in full prior to the commencement of work. Work on Brand Audit Packages and Brand Launch Packages will not begin until payment is confirmed.

6.3 Late Payment

Invoices not paid within 14 days of the due date may result in suspension of active services until the outstanding balance is settled. Thinking Baboon reserves the right to charge a late fee of 1.5% per month on overdue balances.

6.4 Currency

All prices are listed in US Dollars (USD) unless an alternative currency is expressly agreed in the Client’s Service Agreement. For Philippine-based clients, invoices may be issued in Philippine Peso (PHP) at the prevailing exchange rate at the time of invoicing.

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Minimum Commitment and Contract Duration

All retainer engagements require a minimum commitment of 3 months. This minimum exists because brand awareness and reputation management are compounding services. Results require sustained activity over time, and a 3-month period represents the minimum needed to establish a measurable foundation.

Month-to-month arrangements are not available. Clients who wish to engage on a shorter basis should consider the Brand Audit Package or Brand Launch Package as an entry point.

After the initial 3-month minimum, retainer engagements continue on a rolling monthly basis until either party provides written notice of termination as described in Section 9.

A 6-month commitment is recommended for Authority tier clients and ORM Authority clients for best results. A 6-month upfront contract may be eligible for a discount as described in the Client’s Service Agreement.

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Renewals and Upgrades

After the initial minimum commitment period, engagements renew automatically on a monthly basis unless written notice of cancellation is received in accordance with Section 9.

Clients may upgrade to a higher tier at any time. Upgrades take effect at the start of the next billing cycle. Downgrades are permitted after the initial minimum commitment period has been completed and take effect at the start of the next billing cycle following written request.

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Cancellation and Termination

9.1 Cancellation by the Client

Clients may cancel their retainer engagement after completing the minimum 3-month commitment by providing 30 days written notice sent to info@thinkingbaboon.com. Notice received within an active billing cycle will not reduce charges for that cycle. The final billing cycle covers the 30-day notice period.

Cancellation during the minimum commitment period is not permitted except in cases of material breach by Thinking Baboon as described in Section 9.3.

9.2 Cancellation by Thinking Baboon

Thinking Baboon reserves the right to terminate any engagement with 30 days written notice. In cases of non-payment, violation of these Terms, or conduct that is harmful to Thinking Baboon’s reputation or operations, termination may occur immediately without prior notice.

9.3 Termination for Material Breach

Either party may terminate the engagement immediately if the other party materially breaches the Terms or Service Agreement and fails to remedy the breach within 14 days of written notice describing the breach. In such cases, the Client is entitled to a pro-rated refund of prepaid retainer fees for services not yet delivered.

9.4 Effect of Termination

Upon termination, Thinking Baboon will cease all active work on behalf of the Client. Any third-party placements, PR links, or brand mentions already secured and published will remain in place. Thinking Baboon does not guarantee the permanence of third-party content after the engagement ends.

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Deliverables and Timelines

Thinking Baboon will make commercially reasonable efforts to deliver agreed services within the timeframes described in the applicable tier or Service Agreement. Timelines for one-time packages are as follows: Brand Audit Package within 5 to 7 business days; Brand Launch Package within 10 to 14 business days.

Timelines may be affected by delays in receiving required information, assets, or approvals from the Client. Thinking Baboon is not liable for delays caused by the Client’s failure to provide necessary inputs in a timely manner.

PR campaign placements and brand mentions are subject to third-party editorial and platform decisions. Thinking Baboon cannot guarantee placement on any specific publication or platform, but commits to the PR link volumes described in each tier as monthly averages over the engagement period.

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Client Responsibilities

To enable effective delivery of services, the Client agrees to:

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Results and Performance Expectations

Important: No Guarantee of Specific Outcomes

Brand awareness and reputation management are long-term, compounding strategies. Results depend on a wide range of factors including the Client’s starting brand position, industry, competitive landscape, the consistency of engagement, and the behavior of third-party platforms and search engines.

Thinking Baboon does not guarantee specific search rankings, AI recommendation inclusion, a specific number of brand mentions in any given period (beyond the PR link volumes described per tier), revenue outcomes, or complete removal of any third-party content.

We commit to delivering the agreed activities, reporting transparently on outcomes, and continuously optimizing strategy based on performance data. Most clients begin to see measurable movement in brand mentions, search visibility, and E-E-A-T signals within 60 to 90 days of active engagement.

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Intellectual Property

13.1 Client-Owned Content

All brand strategy documents, content pieces, positioning documents, and other deliverables created specifically for the Client under the engagement are owned by the Client upon full payment of all fees for the period in which they were created.

13.2 Thinking Baboon Processes and Methodologies

Thinking Baboon retains ownership of its proprietary frameworks, processes, methodologies, templates, and systems used in delivering services. Delivery of a specific output does not transfer ownership of the underlying methods used to create it.

13.3 Third-Party Content

Content published on third-party platforms including news sites, directories, and media outlets as part of PR campaigns or brand mention activities is subject to the terms and ownership policies of those platforms. Thinking Baboon does not own and cannot guarantee the permanence of third-party published content.

13.4 Client License to Thinking Baboon

The Client grants Thinking Baboon a limited, non-exclusive license to use the Client’s brand assets, name, logo, and publicly available content as necessary to deliver the agreed services during the engagement period.

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Confidentiality

Both parties agree to treat as confidential any non-public information shared in the course of the engagement, including business strategies, pricing, internal data, and proprietary materials. This obligation survives termination of the engagement for a period of 2 years.

Confidentiality does not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party prior to disclosure, or is required to be disclosed by law or regulatory order.

Thinking Baboon may reference the Client as a client and describe the nature of services provided (without disclosing confidential results or data) for portfolio and case study purposes, unless the Client requests otherwise in writing.

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Limitation of Liability

To the maximum extent permitted by applicable law, Thinking Baboon’s total liability to the Client for any claim arising out of or related to the engagement shall not exceed the total fees paid by the Client in the 3 months immediately preceding the event giving rise to the claim.

Thinking Baboon shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of revenue, loss of business opportunity, reputational harm caused by third-party actions, or failure of third-party platforms to maintain published content.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

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Indemnification

The Client agrees to indemnify and hold harmless Thinking Baboon, its officers, employees, and contractors from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising from: the Client’s breach of these Terms; any inaccurate or misleading information provided by the Client; the Client’s use of deliverables in a manner inconsistent with these Terms; or any third-party claim arising from the Client’s business or conduct.

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Dispute Resolution

In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. Either party may initiate this process by sending written notice describing the dispute to the other party.

If the dispute is not resolved within 30 days of written notice, either party may escalate to mediation. The cost of mediation will be shared equally unless otherwise agreed.

Legal proceedings, if necessary, shall be subject to the jurisdiction described in Section 18.

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Governing Law

These Terms and any disputes arising from engagements with Thinking Baboon are governed by the laws of the Republic of the Philippines. For international clients, both parties consent to the non-exclusive jurisdiction of Philippine courts, without prejudice to the Client’s right to seek enforcement in their own jurisdiction.

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Changes to These Terms

Thinking Baboon reserves the right to update these Terms from time to time. Changes will be published at thinkingbaboon.com/terms and communicated to active clients by email at least 14 days before they take effect. Continued use of services after the effective date of updated Terms constitutes acceptance of the revised Terms.

Material changes to fees or minimum commitments will be communicated no less than 30 days in advance and will not affect existing engagements until they are renewed or upgraded.

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Entire Agreement

These Terms, together with the applicable Service Agreement and any written addenda, constitute the entire agreement between Thinking Baboon and the Client with respect to the services. They supersede all prior discussions, representations, and agreements on the same subject matter.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

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Contact

Questions about these Terms may be directed to:

Thinking Baboon - Privacy Inquiries

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