Responsibility
Brand Wired commits to delivering the requested services promptly and in accordance with the agreed standards outlined in the contract. Our pricing structure for design services is time-based, meaning any modifications to the contract once work has started may necessitate adjustments to the previously stated fees. Additionally, for projects requiring work outside of our normal business hours or exceeding our standard turnaround time, there may be supplementary charges applied. It is understood that if work is paused after commencement, billing will be based on the completed work up to that point. While Brand Wired will endeavor to collaborate with any third-party entities engaged by the client, we cannot be held responsible for their performance.
Ownershipy
Clients acknowledge that all files, web pages, graphics, and programming work, excluding materials provided by them, are the sole property of Brand Wired until all applicable fees are settled in full. Upon complete payment, ownership transfers to the client. Specifically regarding programming work, encompassing scripts such as shopping carts, banner rotation programs, and database programs, clients are aware that they do not possess rights to replicate, sell, or distribute any programs created by Brand Wired. Programs developed by Brand Wired may only be utilized on other websites if expressly purchased by the client.
Copyright
All work conducted by Brand Wired is subject to copyright protection. Clients are granted rights solely for web publication purposes. Any reproduction, whether through printing or transferring to alternative media, without explicit authorization may constitute copyright infringement. Copyrights can be acquired outright by the client or may be subject to limited use agreements. It is understood that all works, regardless of explicit markings, are safeguarded by copyright laws. Brand Wired bears no responsibility for verifying the authorization of material provided by the client for reproduction. Clients affirm that they either own the rights to or have obtained proper licensing/copyright permissions for any material supplied for use or reproduction. Furthermore, clients agree to assume full legal and financial liability for any copyright-related disputes arising from materials they have provided.
Proofreading
Brand Wired's liability for typographical, pricing, or similar errors is confined to rectifying them upon timely notification during proofreading and site testing. Clients are responsible for thoroughly proofreading all work and confirming its (a) satisfactory quality, (b) accuracy in size, content, etc., (c) suitability for intended use, and (d) compliance with applicable copyright and other restrictions before the website is made accessible to the public.
Offensive/Libellous Material
Clients agree not to utilize the website or any other service provided by Brand Wired to publish material that could be interpreted as defamatory, offensive, or libelous towards any third party. Brand Wired disclaims any liability for material published via its services. Brand Wired maintains full indemnity from any claims resulting from defamatory, obscene material, or any other infringement of rights on client websites. Clients bear full responsibility for the content of their website and any other data transmitted through Brand Wired's services. Brand Wired will not engage in monitoring or controlling client data regarding its content. Moreover, clients agree to indemnify Brand Wired against any claims brought against it arising from the content of their website or the use of any other services, including but not limited to defamatory remarks, rights infringements, or any other offenses.
Loss of Earnings
Brand Wired shall not assume responsibility for any loss of business resulting from the failure of its services. This encompasses, without limitation, losses in turnover, sales, revenue, profits, or indirect, consequential, or special damages. Brand Wired provides a service level agreement that entitles the client to reimbursement of any payments made to Brand Wired for failed services, strictly on a pro-rata basis. No other claims will be considered. Brand Wired disclaims liability for the fraudulent or improper use of any material stored on its computers, particularly any credit card information.
Portfolio
To uphold our portfolio credibility and respect applicable copyrights, Brand Wired retains the right to incorporate a small logo on the client's website, linking back to Brand Wired's website. Additionally, Brand Wired reserves the right to feature the client's website in our portfolio and marketing materials.
Hosting Contracts
Brand Wired invoices domain name and website hosting contracts annually. If a client intends to transfer hosting of either a domain name or website to another Internet Service Provider (ISP), we will accommodate this request provided the account is fully paid up to the transfer date, and a formal transfer request is submitted by an authorized client representative. It's important to note that Brand Wired automatically renews all domain names upon expiration. Therefore, if a client prefers not to renew a domain name to avoid a new annual hosting charge, they must notify Brand Wired at least 30 days before the existing contract expires. The same policy applies to website hosting.
Payment
Brand Wired retains the authority to request an advance deposit of up to 50% of the estimated design/development fees before commencing any work. Upon receipt of the final payment, the client's website will be launched on the internet. Brand Wired's terms of engagement require payment upon receipt of the invoice. Failure to fulfill payment may result in Brand Wired removing website content or hosting accounts without prior notice.
Email Disclosure
All emails from Brand Wired contain confidential information, some or all of which may be legally privileged. They are intended solely for the recipient named therein. In the event of any addressing or transmission error that may have resulted in misdirection, the sender should be promptly informed. If you are not the intended recipient, you are prohibited from using, disclosing, distributing, copying, printing, or relying on the contents of this email. The opinions expressed in any email from Brand Wired are those of the author and do not necessarily represent the views of Brand Wired.