1. About these Terms and Conditions
These Terms and Conditions apply to all services provided by BrawBranding (including, but not limited to, website design, web development, graphic design, bookkeeping, and tech support). They form a legally binding agreement between all parties, along with any attached documents or separately agreed terms.
2. Definitions Used
- “Client” refers to the party using the services of BrawBranding.
- “We” “Our” “Us” or “The Company” refers to BrawBranding.
It is not a necessity for any Client, or other party, to have accepted and signed these terms and conditions for them to be applicable. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms and Conditions. If you do not agree to be bound by these Terms in their entirety, you may not access or use the Service.
3. About Us
BrawBranding provides services and VA support to businesses such as: web design, web development, graphic design and branding design, bookkeeping and other technical support tasks. We can be contacted directly by email to hello@brawbranding.com
4. Interpretation
Titles and paragraph headings/sub headings are for formatting purposes only. Unless the context states otherwise, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
References to any statute or statutory provision shall, unless the context states otherwise, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
5. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature or acceptance of the proposal or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment in part or full is an acceptance of these Terms and Conditions.
6. Charges
Charges for services to be provided by BrawBranding are defined in the project estimate or quotation/booking form that the Client receives via email or shared cloud-based area. Quotations are valid for a period of 30 days. BrawBranding reserves the right to amend or decline to provide a quotation after expiry of the 30 days.
A minimum charge of 1 hour applies for all services.
The Client agrees to pay a fixed monthly retainer fee as specified in the Booking Form. Invoices will be issued on the first day of each month, and payment must be received within seven (7) days of the invoice date. Retainer fees are non-refundable, and any unused hours within the retainer period will NOT roll over to subsequent months. Additional work for Fixed fee retainer will be charged at our normal hourly fee.
For ad hoc services, the Client shall make a minimum advance payment equivalent to one (1) hour of service prior to the commencement of work. Thereafter, all additional hours worked will be invoiced in arrears at the end of the month, based on actual time spent.
For urgent work given at less than 24 hours’ notice, an urgent work rate may be charged at the rate of 150% of the hourly rate fee.
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 project production commences and before work is supplied to the Client for initial review. The balance of the project quotation total due upon completion of the work, prior to the launch of the website or release of materials/final files.
7. Timings
For all projects and services, we require the Client to provide content; text, images as specified in the quote/booking form and subsequent communications. The Client accepts that any delay in providing these will have an impact on the agreed project timeline and Braw Branding cannot guarantee any previously agreed delivery dates if delays in Client provision take place.
BrawBranding will launch and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with the Client upon BrawBranding receiving final payment, unless a delay is specifically requested by the Client and agreed by BrawBranding.
SarahCreates reserves the right to charge a late supply fee if the delivery of assets does not meet the agreed deadlines.
8. Standard Media Delivery
Unless otherwise stated in the project quotation, proposal or estimate, this service Agreement assumes that any text (copy) will be provided by the Client in electronic format to ensure copy and pasting capabilities and that all photographs and other graphics will be provided electronically in high quality. The following formats for images are accepted in .gif, .jpg, .png .pdf or .svg. The Client is responsible for ensuring the correct copyright and usage rights are adhered to in all instances of photography and other graphics.
9. Amendments and Revisions
9.1 Customed E-book/Logo Design Revisions:
Unless otherwise agreed, Client E-book/Logo design quotations include the amount of revisions stated within the package details. Client will have the opportunity to review the appearance and content of the creative work during agreed timeline. Upon completion of the work, such materials will be deemed to be fully accepted and approved by the Client unless the Client informs BrawBranding otherwise within five (5) working days the materials are made available to the Client. Further amendments and revisions will be handled at the discretion of BrawBranding and may incur additional time and fees.
9.2 Website Design Revisions:
Unless otherwise agreed, Client website design quotations include the amount of revisions stated within the package details.
Once the wireframe design has been signed off, any request to change the structure or layout of key pages will incur additional fees.
Client will have the opportunity to review the appearance and content of the creative work during agreed timeline.
The standard snugging period is 30 days from website launch or full approvement, unless agreed otherwise.
10. Post-placement Alterations
BrawBranding cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
11. E-commerce
The Client is responsible for complying with all relevant laws relating to e-commerce, including payment providers and any product exclusions, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify BrawBranding and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from the Client’s (or your clients’) use of Internet electronic commerce.
12. Additional costs
BrawBranding builds predominantly WordPress websites. It is Client’s responsibility to pay annually for hosting and domain to ensure the website stays alive.
In certain cases, there may be additional costs for premium plugins used in the build. This will be discussed with Client on individual basis. The Client agrees to reimburse BrawBranding for any additional expenses necessary for the completion of the work within seven (7) days after launch.
13. Supported Web Browsers
The website will be fully tested on Chrome and Safari to ensure full responsiveness on all devices.
However, BrawBranding cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been launched and handed over to the Client. As such, BrawBranding reserves the right to charge for any work required to update the website design or website code for it to work with updated browser software.
14. Search Engine Ranking and SEO
All site build packages include search engine optimisation (SEO) according to current best practice. We do not guarantee any specific position in search engine results for your website.
15. Design Credit
The Client agrees that any branding or website developed for the Client may be presented in BrawBranding’s portfolio and social media unless otherwise agreed via email. Opt-out must be sent in writing, within 7 days of project completion.
16. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants BrawBranding 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 BrawBranding permission and rights for use of the same and agrees to indemnify and hold harmless BrawBranding from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Acceptance of these Terms and Conditions shall be regarded as a guarantee by the Client to BrawBranding that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
17. Retention of Content
Digital files are held by BrawBranding for thirty (30) days following project completion and launch. Upon project hand-over, any assets created by BrawBranding for the Client will be transferred electronically to the Client for archiving safely. All responsibility for storage of assets after thirty (30) days of project completion shall transfer to the Client for archiving and safety. After this date BrawBranding has no further responsibility regarding the storage of content on behalf of the Client.
18. Payment
Invoices will be issued by BrawBranding via email; however, the Client may choose to receive hard copy invoices. Retainer invoices are due by dates stated (within seven (7) days) and if not pay by the due date, we may reschedule further work until payment is made. Project work invoices are due by the date stated on the invoice.
Accounts that remain unpaid twenty eight (28) days after the date of the invoice, unless otherwise agreed, will incur a service charge in the amount of the higher of one and one-half percent (1.5%) or £70 per month of the total amount due.
19. Termination
Termination of services by the Client must be requested in a written notice and will be effective:
- For retainer contracts: 1 month after receipt of such notice
- For project work: on receipt of such notice
Telephone, or requests by other means, for termination of services will not be honoured until confirmed in writing. The Client will be invoiced for design or development work completed to the date of first notice of cancellation for payment in full. This payment must be made within seven (7) days before the release of any assets if applicable.
20. Indemnity
All BrawBranding services may be used for lawful purposes only. You agree to indemnify and hold Brawbranding harmless from any claims resulting from your use of our service that damages you or any other party.
21. Third Parties
No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
22. Force Majeure
BrawBranding shall not be liable for any failure or delay in performing the obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, or governmental action.
23. Entire Agreement
The Client accepts that they shall not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
24. Severability
Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
28. Liability
BrawBranding hereby excludes itself from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
The entire liability of SarahCreates 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.
29. Jurisdiction and Governing Law
These Terms & Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of Scotland and each party submits to the exclusive jurisdiction of the Scottish courts.