1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for all of our services listed at BrandBuilders.io and apply to all contracts and all work undertaken by Brand Builders for its clients.
2. OUR FEES AND DEPOSITS
A 100% upfront payment of the total fee payable under our proposal/package is due immediately upon you instructing us to proceed with the initial work. We reserve the right not to commence any work until the deposit has been paid in full.
The upfront payment is not refundable if our work has been started and you decide to terminate the contract.
Brand Builders will not refund deposits for work already performed on clients projects or hosting fees/web administration agreements that have been paid in advance. We guarantee to honor our obligations of service as we expect our clients to honor theirs.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $70.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During the whole process, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing (email) of any unsatisfactory points within 5 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 5-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed.
7. REJECTED WORK
If you reject any of our work within the 2-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
We require 100% upfront payment for all of our services. This is non-refundable once we start working on the project.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include on your website.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
10. SEARCH ENGINES
We are not by default responsible for the client’s on-going website promotion. If the client requires the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the search results is controlled by the search engines. We will endeavor to ensure that your site is successful in the search rankings through a carefully optimized design and by making sure that we provide the client with articles that are targeting a specific set of keywords related to client’s product/service.
However, search engines frequently change their retrieval methods and you accept that we cannot be held responsible for future rankings under this contract.
11. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Brand Builders under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
15. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. If you are paying for our monthly maintenance fee, we will handle the regular backups of your site.
17. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials/push the domain to your account for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
18. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Wordpress”, we endeavor to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Brand Builders and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
This website is in continuous development and we reserve the right to permanently or temporarily alter content without notice. All information is subject to change without notice.
20. PRE-MADE SITES AND DEPOSITS
Our pre-made sites are completed and ready for transfer before the client makes the purchase. After the client vets the site and verifies that everything is fully-functional, he will make the purchase based on the facts. That said, there are no refunds once the order has been placed.
Our One-Time Deposit option (to unhide the URLs’) is fully refundable. We’ll transform the deposit into a coupon code which you’ll be able to use at the checkout – meaning that the $129,50 will be deducted from the final price.
If you make a deposit but don’t end up buying a site, your deposit will stay on your account and you can use it on our next batch of pre-made sites or for one of our Custom Packages (contact us before you place the order).
If you have any questions, please send us an email to email@example.com