Terms and Conditions
1. Standard terms and conditions
These are the standard terms and conditions for Logo Design, Website Design and Development and apply to all contracts and all work is undertaken by CB Branding & Co. for its clients unless otherwise indicated in the proposal, contract or invoice itself.
2. Fees and Deposits
A 25% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design, development work and/or branding services. The remaining 75% shall become due in 2 week increments. Full payment must be received prior to making the site LIVE on the server, to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The 25% deposit is not refundable since the development of work starts immediately and you are attempting to terminate the contract through no fault of ours.
3. Supply of the materials, images, copy
You must supply all materials and information required by CB Branding & Co. 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 printed material. Due to any delay in supplying these materials to us, it leads to a delay in the completion of work, and 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. For branding services you are allowed 3 revisions. 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 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.
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 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 remaining balance of the project price will become due.
7. 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.
A 25% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design, development work and/or brand design. The remaining 75% shall become due in 2 week increments. Full payment must be received prior to making the site LIVE on the server, to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
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 trade marks, 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.
Once you have paid CB Branding & Co. in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
11. Search Engines
We do not guarantee any specific position in search engine results for your website. We perform organic search engine optimization according to current best practice.
12. 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 CB Branding & Co. 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.
16. 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.
18. Ownership of Domain Names and Hosting
We will supply your account credentials for domain name registration and/or web hosting. You are responsible for those charges.
19. Governing Law
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of State of North Carolina. You and CB Branding & Co. submit to the non-exclusive jurisdiction of the court in Charlotte, NC in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
20. Cross-Browser Compatibility
By using current versions of well-supported content management systems such as WIX, we 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 CB Branding & Co. and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.