Terms & Conditions
Project Acceptance
At the time of proposal, Brand + Bash will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Brand + Bash website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Brand + Bash.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Brand + Bash Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
Charges for design services to be provided by Brand + Bash will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Source Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Brand + Bash.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge plus 8% on the outstanding amount from the date due until the date of payment.
Payments must be made via Paypal – we accept credit cards (AMEX, Visa, Mastercard, Discover, Debit Cards)
Payments made by cheque must be previously agreed and may be subject to an administration charge. Checks should not be sent in regular mail unless this is agreed upon ahead of time.
Publication and/or release of work done by Brand + Bash on behalf of the client, may not take place before cleared funds have been received.
Returned checks will incur an additional fee of $40 per returned check. Brand + Bash reserves the right to consider an account to be in default in the event of a returned checks.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Brand + Bash shall be entitled to remove Brand + Bash ‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Brand + Bash ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Brand + Bash for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Brand + Bash on behalf of the customer, will remain the property of Brand + Bash and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Brand + Bash, the necessary permission to use materials (for which Brand + Bash holds the copyright) in forms other than for which it was originally supplied, and Brand + Bash may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Brand + Bash.
By supplying images, text, or any other data to Brand + Bash, the customer grants Brand + Bash permission to use this material freely in the pursuit of the design.
Should Brand + Bash, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Brand + Bash to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Brand + Bash free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Brand + Bash holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by Brand + Bash, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Brand + Bash and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Brand + Bash will not be held responsible for any and all damages resulting from such claims.
Brand + Bash is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Brand + Bash responsible for any such loss or damage.
Any claim against Brand + Bash shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Brand + Bash’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Brand + Bash in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Brand + Bash via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Brand + Bash will not be held responsible for any image quality which the client later deems to be unacceptable.
Brand + Bash cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images
Design Project Duration
Any indication given by Brand + Bash of a design project’s duration is to be considered by the customer to be an estimation. Brand + Bash cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Brand + Bash for the initial payment or by date confirmed in writing by Brand + Bash.
Rights of Access for Website Construction
The client agrees to allow Brand + Bash all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow Brand + Bash access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Brand + Bash with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Brand + Bash considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
Brand + Bash requires that a template and vision board is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any additional changes after this point to navigation items, colors, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Brand + Bash will provide the customer with the opportunity to review the work on the staging site. Brand + Bash will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to Brand + Bash by e-mail.
Brand + Bash will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Variations
We are pleased to offer you the opportunity to make revisions to your site, however please note that we use a Responsive WordPress Theme for all of our websites so customization is limited. Please be advised that additional fees may occur for an excessive amount of changes as this may result in purchasing a new theme.
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 development, 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.
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 of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-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 and the 50% balance of the project price will become due.
Rejected Work
If you reject any of our work within the 7-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.
Hosting websites
Brand + Bash offers a limited hosting services through an out-sourced virtual server. Brand + Bash does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Brand + Bash may request that clients change the type of hosting account used if that account is deemed by Brand + Bash to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Brand + Bash’s virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organizations are the responsibility of the client and Brand + Bash are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Domain Registration
Brand + Bash cannot guarantee the availability of any domain name. Where Brand + Bash is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Brand + Bash cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Content Marketing
Monthly Content Marketing offers a combination of services ranging from content creation, social media posting, email marketing, and blogging. Due to the infinite number of considerations that search engines use when determining a site’s ranking, Brand + Bash cannot guarantee any particular placement with its Content Marketing services.
Subcontracting
We work with a small team and reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
Non-Disclosure
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
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.
Backups
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.
Cross Browser Compatibility
By using current versions of well-supported content management systems such as WordPress, we endeavor to ensure that the web sites 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.
E-Commerce
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 Robin Vega / Brand + Bash and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
Design Credits
The customer agrees to allow Brand + Bash to place a small credit on printed material exhibition displays, advertisements and/or a link to Brand + Bash own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Brand + Bash to place websites and other designs, along with a link to the client’s site on Brand + Bash’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
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 in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Rights of Refusal
Brand + Bash will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Brand + Bash also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Brand + Bash does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Brand + Bash to remove the contravention without hindrance, or penalty. Brand + Bash is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by phone or and then formally via email. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of invoice due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Brand + Bash within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Brand + Bash makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Brand + Bash will not be held responsible for any and all damages resulting from products and/or services it supplies. Brand + Bash is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Brand + Bash responsible for any such loss or damage. Any claim against Brand + Bash shall be limited to the relevant fee(s) paid by the customer.
Brand + Bash reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Brand + Bash will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Brand + Bash and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Brand + Bash recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Brand + Bash reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Brand + Bash, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.brandandbashcom.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Brand + Bash.
