It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote/estimate, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services provided by Brandician are defined in the Project Quotation that the Client receives via email. Quotations are valid for a period of 30 days (one month). Brandician reserves the right to alter or decline to provide a quotation after the expiry of the 30 days (one month).
Unless agreed otherwise with the Client, all application/web design and development services require an advance payment of a minimum of fifty percent (50%) of the project quotation’s total amount before the work is supplied to the Client for review. A second charge of twenty-five percent (25%) is required after the development stage, with the remaining twenty-five percent (25%) of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Brandician will provide the Client with an opportunity to review the look and feel and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Brandician otherwise within ten (10) days of the date the materials are made available to the Client.
Brandician will install and publicly post or supply the Client’s website by the date specified in the project proposal/quotation/estimate, or at a date agreed with the Client upon Brandician receiving initial payment, unless a delay is specifically requested by the Client and agreed by Brandician
In return, the Client agrees to delegate a single individual as a primary contact to aid Brandician with progressing the commission in a satisfactory and expedient manner.
During the project, Brandician will require the Client to provide website content; text, images, videos/movies and audio files, phone numbers, addresses, etc.
Brandician is a small business. To remain efficient, we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other projects and enquiries to ensure that the scheduled work is completed at the time arranged.
This is why we ask that you (client) provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimization (SEO), we need the asset/content which encompass text, multimedia elements (such as videos, audio files), articles, blog posts, product descriptions, and any other information presented to end users of your application/website, in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do so within 7 days (one week) of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so.
Invoices will be provided by Brandician upon completion of the Project and must be paid before the application/website is published, live or hosted on the server. Invoices are only sent via email. Invoices are due upon receipt or otherwise specified by our accounts department. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one percent (1%) per month.
“In the event that Brandician must retain a collection agency or law firm to collect past due balances owed to Brandician, you (client) agree to pay any and all collection agency fees, court costs, attorney fees or incidental costs associated with collecting.”
Client agrees to reimburse Brandician for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, videos, domain names, hosting server cost, content writing charges, etc.
Brandician endeavors to ensure that websites are designed and developed to be compatible with the majority of visitors’ browsers. Websites are designed to function with the most popular current browsers (e.g., Firefox, Internet Explorer, Google Chrome, Safari, etc.). The Client acknowledges that Brandician cannot guarantee correct functionality with all browser software across different operating systems.
Brandician cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. Therefore, Brandician reserves the right to quote for any work involved in changing the website design or website code to ensure compatibility with updated browser software.
Accounts unpaid thirty (30) days after the date of the invoice will be considered in default. If the Client defaults on payment and maintains any information or files on Brandician’s or third-party Web servers, Brandician may, at its discretion, remove all such files from all related servers. Brandician is not responsible for any loss of files/data incurred due to the removal of the service. Removal of such files does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will incur a return charge of $25.00 USD, and the Client’s account will immediately be considered in default until full payment is received. Clients with accounts in default agree to pay Brandician reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Brandician in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective upon receipt of such notice. Email or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design and development work completed up to the date of the first notice of cancellation for payment in full within thirty (30) days.
All Brandician services may only be used for lawful purposes. By using our services, you agree to indemnify and hold Brandician harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, text, files, graphics, videos, domain names, and logos provided by the Client. By providing such material, the Client grants Brandician the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Brandician permission and rights for the use of such material. A contract for website design and development and/or placement shall be regarded as a guarantee by the Client to Brandician that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project quotation, this Agreement assumes that any text, photographs, and other graphics (.gif, .jpeg, .png, or .tiff format) will be provided by the Client in electronic format (ASCII text files delivered via email, FTP, or our third-party project management web tool, Basecamp). Although every reasonable attempt shall be made by Brandician to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.
A link to Brandician will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, Brandician will remove the credits in a very reasonable time, not more than 7 business days. The Client also agrees that the website designed and developed for the Client may be presented in Brandician’s portfolio.
If the Client’s application/website is to be installed on a third-party server, Brandician must be granted temporary read/write access to the Client’s server and database directories, which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Brandician cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed on the server and the website is live. Such alterations include, but are not limited to, edits, additions, modifications, or deletions.
Brandician may purchase assets on behalf of the Client for their applications/websites, but payment and renewal of those assets are the responsibility of the Client. The loss, cancellation, or otherwise of the asset brought about by non or late payment is not the responsibility of Brandician The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Brandician cannot accept responsibility for any alterations caused by a third party occurring to the Client’s applications/websites once installed on the server and the application/website is live. Such alterations include, but are not limited to, edits, additions, modifications, or deletions.
This Agreement shall be governed by United States Law.
Brandician hereby excludes itself, its subsidiaries, companies, employees, and/or agents from all and any liability arising from any inaccuracy, omission, delay, error, or loss or damage to clients’ artwork/photos, supplied for the website. The entire liability of Brandician to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client’s signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
