TERMS AND CONDITIONS

GENERAL APPROACH

For general website design and development projects, we use the following steps:

  • Upon acceptance/signing of the offer, the initial payment is processed to start the project. According to the project requirements, we may hold a scoping workshop to discuss the requirements in detail.
  • Once we have the brand details such as logo, images, brand materials, etc., we will have a mockup for you to review within 5 to 10 business days.
  • You can review the design and suggest improvements accordingly. Depending on your project, usually up to 3 to 5 design modifications that can be made within the given prices.
  • Once the design is finalized and approved, we will proceed with code development. At this stage we usually need about 3 to 5 banner texts and/or images for rotation.
  • Once the code is ready, we will proceed to set up your website in your chosen Content Management System (CMS). Please provide all content and copy prior to the development phase.
  • Depending on the time and resources allocated to your project, we will transfer as much content as possible from the old website to the new website. The rest of the content can be transferred through the CMS by your designated staff. We can provide the instructions needed to help you do this.
  • Once the site is ready by us, we usually hand it over to you for further review, testing and/or uploading/changing content as needed.
  • At this stage you need to give us a launch date to bring the new website/project online.
  • Your website can go live within 3 to 5 business days after approval, provided the accounts are clean. Please note that we require full payment before transferring the website to external servers.
  • Please note that there are a limited number of man-hours allocated to the project. Estimates for all websites under BGN 1000 are based on the assumption that projects will be completed in eight to twelve working weeks depending on the size of your project. Any additional delay may increase project management costs. If you do not think the project will be completed within this time frame, please let us know before starting the project.
  • Also, generally speaking, moving forward and backward takes a long time. We encourage you to provide all necessary details at the beginning of the project to ensure that the project team’s time is used effectively for your project and that you do not incur unnecessary additional costs.
  • You will be informed via emails and/or phone calls as per project requirements. However, please feel free to contact us whenever you need project status. Also, please always keep us informed of your relevant email addresses/contact details.
  • Any change or innovation in the design of the project is subject to approval by the Client within 2 working days. If no response is received in these 2 days, the correction is automatically accepted as approved.
  • Once the website/application is online via the customer’s domain, it is their responsibility to regularly make full backups and update all third-party components and software.

We consider ourselves very flexible and adaptable and approach all requests with a “can do” attitude. If you want something changed, please don’t hesitate to discuss with us. Please contact us if you require further details or have any questions. We look forward to working together with you on your project!

PROJECT CONDITIONS
  • All enquiries/quotes are based on our understanding of your requirements and as per the given deadline. Any changes in functionality, including micro-improvements, may incur additional costs accordingly. Please make sure and clarify our understanding.
  • By accepting an offer, you agree and accept the terms and conditions of Brand Design Ltd. Acceptance can be verbal, by email, initiation payment, signing an offer.
  • Customers must ensure that we have included all requirements in the bids/proposals/estimates and that we fully understand their requirements. Customers should provide us with clear guidelines along with the flow or specific details they may require. Where such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy occurs, it can lead to additional costs to accommodate the changes. That’s why it’s essential to clarify every aspect of your website development and make sure you’re quoted according to the right requirements.
  • Any complexity associated with specific tasks should be presented in advance and included in the proposal for cost purposes. We work in good faith and rely on our clients to disclose the full picture at the time of the offer. Any discrepancy arising due to unclear requirements will not be accepted as the fault of Brand Design Ltd.
  • There are limited man-hours allocated to each task, including project management and digital strategist/business analyst. Small changes can be incorporated within the specified hours. This will be analyzed on a case-by-case basis.
  • Brand Design Ltd. will make every effort to complete the project/changes within the given time frame. Reasonable delays are accepted if functionalities are redefined or modified.
  • Any delay on the part of the client may delay the project and the proposed time frames and may result in additional costs.
  • Any bugs (bugs) reported during or immediately after development do not incur additional charges.
  • Any rework of an already completed task will result in additional charges. Any design changes after design approval will result in additional charges.
  • Any modifications requested during development or after design approval will incur additional charges. All additional work, over and above estimates, is billed separately. Under no circumstances will Brand Design EOOD be held responsible for delays caused by a change in the project description.
  • Website/App content and all related materials must be provided to us within the first week of project launch. Any delay thereafter may delay the project and result in additional charges if it exceeds a reasonable time.
  • Our websites/apps are usually tested on PCs and include recent versions of the following browsers: IE, Firefox, Chrome and Safari. If you would like the testing to be done on a different browser, please let us know in advance.
  • Responsive/multi-device compatible web pages tested on iPhone and iPad. If you would like the testing to be done on another device, please discuss this in advance.
  • If your website/application is not hosted on a Brand Design Ltd. server, any additional man-hours that may be required due to server or network related issues are not included in our quotes and may be billed separately.
  • Please note that at any stage of the project, suspension of the project for more than two calendar months will result in weekly administration costs. It can also increase pre-approved prices. If you want the project to be put on hold, please let us know in advance in writing. In order to stop the project without incurring additional fees, the account will need to be current based on the work done. Further details can be discussed if such a situation arises.
  • Brand Design EOOD software codes (not open source software) are the copyright of Brand Design EOOD. Codes may be transferred for an additional fee for use after all previous invoices have been settled, provided the codes are used only for use or modification for reuse for further development for the named customer or subsequent owners of that entity. Under no circumstances will the codes be used for resale or duplication.
  • Brand Design EOOD owns the copyright to all code written for each client, unless arrangements are made prior to the start of the project. Brand Design EOOD guarantees a license to use any custom software for the customer, for their use only. This license is provided when hosting is paid for.
  • The website or software application will be designed to be hosted on the web using a commercial grade web server or similar setup. Based on your website traffic, the website may not work if deployed in a common office network environment.
TERMS FOR DIGITAL MARKETING AND DEVELOPED STRATEGIES

Digital Marketing Package or Digital Strategy Package Terms:
All digital marketing/strategy packages are for a minimum period of 6 months. Then cancel anytime with one month’s clear email notice.
They are billed monthly and are due by the 1st of each month.
The packages are designed keeping in mind the digital marketing/strategy requirements of our clients. Specific man-hours are allocated each month and any unused man-hours are not carried over to the following month. No third-party software or marketing costs are included.
Brand Design Ltd. operates a fair use policy, which means that while we do not officially carry over unused time to the next month or officially accumulate unused man-hours, we understand that your needs may change from month to month and allow flexibility in good faith at times .
Any additional hours used may be billed separately. All urgent tasks are billed separately.
MAINTENANCE requests should be emailed to contact@branddesign.live
Payment terms:
Payable by the 1st of each month. We highly recommend our customers to have direct debit setup for the same.
An administration fee will be charged to the customer’s account for all late payments or declined credit card charges.
There are absolutely no refunds for fees associated with the DIGITAL MARKETING AND DEVELOPED STRATEGIES package
Termination:
All digital DIGITAL MARKETING AND DEVELOPED STRATEGIES packages are for a minimum period of 6 months. Then cancel anytime with one month’s clear email notice.
Brand Design Ltd. reserves the right to terminate at any time with written notice to the Client.

MAINTENANCE PACKAGES

BASIC MAINTENANCE PACKAGE TERMS:

All MAINTENANCE packages are for a minimum period of 12 months.
MAINTENANCE packages are annual but payable monthly by direct debit on the 1st of each month.
Packages are intended to serve website maintenance tasks only. Packages cannot be used for projects such as complete redesigns or major feature additions.
It does not include work on digital strategy, business analysis, SEO and digital marketing.
Maintenance time is used once a month to fully back up your website. We then work to update your system versions and plugins along with any website fixes that may occur as a result of the updates or as requested by the customer.
MAINTENANCE package change requests should be sent by email to contact@branddesign.live
All urgent tasks are billed separately.

Payment terms:
Monthly maintenance fees require payment by credit/debit card, revolut or myPos only. No other forms of payment for monthly maintenance will be accepted.
Monthly maintenance package fees will be billed on the 1st of each month.
An administration fee will be charged to the customer’s account for any late payments or declined charges.
More than three missed payments in one year may result in termination of the package and the customer will be required to pay the entire remaining amount of the package immediately.
There is absolutely no refund of fees associated with the monthly MAINTENANCE package.

Termination:
In the event that the Customer needs to cancel the automatic annual renewal, please notify us in writing (email) at least one month before the renewal date.
Brand Design Ltd. reserves the right to terminate the annual maintenance at any time with written notice to the Customer.

PAYMENT/REFUND TERMS
  • All prices are in BULGARIAN LEVA, EURO, DOLLAR OR SWISS FRANC, unless otherwise stated.
  • All invoices are processed on schedule using your preferred payment method.
  • Stage payments must be made within 5 working days of each stage/schedule, unless otherwise mutually agreed. Final payment must be made before the website/app/project goes ONLINE.
  • Receipt of payment is considered acceptance of the offer, stage, project and terms and conditions.
  • Brand Design Ltd. reserves the right to negotiate and refund an appropriate part of the amount paid by the client for the requested service. If you cancel your order after payment has been made but work has not started, we will refund 75% of the payment you have already made. If the order is canceled after work has commenced, the maximum refund or charge will be 50% of the invoice. There will be no refunds or adjustments if a cancellation is called when more than 50% of the work is complete. All cancellations must be received in writing and may be sent by regular mail, email or fax. Phone requests for cancellations will not be accepted.

For minor or one-off works, payments must be made in advance or according to the terms specified in the invoice/proposal. If you require changes to the terms, you must inform us in writing (emails are accepted) within two working days of receipt of the same.

  • Late Fees and Charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount from the due date.

Due date: is the date on which payment is due according to the terms of the invoice/offer/

Unpaid invoice: An invoice is considered unpaid if payment is still due 14 days after the due date.

Debt collection: The customer is given an additional 7 days after the application of a late payment fee to pay the invoice. Failure to pay will result in the amount owed being transferred to a debt collector. Brand Design Ltd. will not be responsible for any costs or fees related to the refund of the outstanding amount. Any fees associated with recovering the outstanding amount (debt collectors, administrative fees, legal fees) will be passed on to the customer for processing.

  • If you are late with payment or have any questions about the invoice, please contact the manager of Brand Design Ltd. immediately after receiving the invoice or reminder emails.
  • All communication/correspondence is usually done via emails. It is the customer’s responsibility to inform us of their respective email addresses.
  • Any payment related to domain name or hosting registration renewals or third party products or services purchased on behalf of the customer will be due in full and non-refundable. In the event of cancellation of any renewals, we must be notified at least 30 days prior to the renewal date.
  • Brand Design Ltd. usually builds and tests the websites/applications on our own servers or hosted domains. The website/app will be transferred to the specified third party server after full payment of all invoices and charges.
DISPUTES, LIABILITY, INDEMNIFICATION
  • In the event of a dispute, Brand Design Ltd.  reserves the right to charge the client in full for the work performed, as well as for the resources spent on managing the dispute. In such a case, Brand Design Ltd. reserves the right to charge the customer without honoring any discounts previously honored in good faith. Under no circumstances will Brand Design Ltd.  be liable for damages resulting from misrepresentation or incorrect information.
  • Brand Design Ltd.  reserves the right to refuse service to any customer if they do not comply with our business principles and policies.
  • Brand Design Ltd.  provides its services as is, without any guarantees of security or other problems leading to data loss, sale or reputation. We ensure that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, but we will not be responsible for service interruption if such a situation occurs.
  • The relations of Brand Design Ltd.  with its suppliers, partners and subcontractors are of an independent nature. Neither party shall have any power, right or authority to interfere with or bind the other or to assume or create any obligation or liability, express or implied, for or on behalf of the other.
  • Customer will indemnify and hold harmless Brand Design Ltd., its licensors, content providers, service providers, employees, agents, directors, contractors and subcontractors (the “Indemnified Parties”) against your breach of any of these Terms and Conditions, or which and any other rules, terms, policies or procedures herein, including, without limitation, any use of Content other than as expressly permitted in these Terms and Conditions.
  • Customer agrees that the Indemnified Parties shall have no liability whatsoever in connection with any such breach or unauthorized use and you agree to indemnify and hold the Indemnified Parties harmless from all resulting losses, damages, judgments, awards, expenses, costs and attorneys’ fees in connection therewith.
  • Customer will also indemnify and hold harmless the Indemnified Parties from and against any claims brought by third parties arising out of your use of information received by Brand Design Ltd.
  • Brand Design Ltd. shall not be liable for any breach of this Agreement which is caused by a matter beyond its reasonable control, including but not limited to acts of God, fire, lightning, explosion, war, riot, flood, earthquake, industrial disputes (whether or not or without the involvement of their employees), exceptionally bad weather or actions of local or central government or other competent authorities.
HOSTING

Hosting is an annual fee that must be paid in advance for the entire year.

It is the customer’s responsibility to renew hosting on time ie. before the expiration date. Failure to renew in time may result in loss of files, data, emails, backups, etc. All unpaid hostings are disabled or deleted from the server.

All renewals must be paid for up to seven business days prior to the expiration date. Brand Design Ltd. will not be held responsible for problems related to delayed payment.

Hosting is on shared and non-shared servers hosted through third-party providers. Brand Design Ltd. ensures to the best of its ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, but we will not be responsible for service interruption if such a situation occurs.

Customer is solely responsible for the content stored and served by the purchased hosting service and the operation of any scripts or email services created within the hosting service. Customer must maintain the security of all account and application passwords or scripts and ensure that all scripts within the Hosting Service are free of malicious content that may harm any part of the Server, other customer accounts hosted , or the external systems of visitors viewing the hosted content.

In the event of a malicious software attack, Brand Design Ltd.  reserves the right to delete files in the hosting service without prior notice.

Cancellation/Termination:

Requests for cancellation of hosting must be sent in writing or by email one month before the same expires. Once hosting is renewed, it cannot be canceled and must be paid for the entire year.

If hosting is not paid for and renewed before expiration – We reserve the right to disable hosting and all related services including email and dns records. Additional fees will apply to reactivate hosting. Brand Design Ltd. will not be responsible for loss of data, files, emails, backups, recovery costs, etc.

If a hosting has been cancelled/disabled, all files, emails, databases and backups will be deleted from the server without any notice to the customer.

After all invoices are paid, it is the customer’s responsibility to request the files, subject to the following:

– Brand Design Ltd.  owns the copyright to all code written for each client, unless arrangements are made prior to the start of the project. Brand Design Ltd. guarantees a license to use any custom software for the client, for their use only. FTP and control panel access is not provided if the website uses Brand Design Ltd. hosting.

Emails:

All emails must be periodically downloaded to the customer’s computer. Mailboxes must be kept within their quotas. Periodic maintenance of the email box may be performed and emails older than 6 months are deleted.

The customer must not use the email hosting for inappropriate content and other unwanted emails that may lead to spamming or infection of the server. In such circumstances, immediate action will be taken and necessary files and data will be deleted without notice.

Brand Design Ltd.  offers packages in coordination with third-party suppliers. Changes in the rules and policies of the third party provider may ultimately affect the services we provide or the terms and conditions herein.

Hosting is on shared and non-shared servers hosted through third-party providers. Brand Design Ltd. ensures to the best of its ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, but we will not be responsible for service interruption if such a situation occurs.

DOMAINS

All domain registrations and renewals are prepaid.
Domain expiration may result in service interruption and domain loss.
BRAND DESIGN LTD. will not be held responsible if a domain expires due to non-payment/late payment of fees. All payments must be made no later than seven business days prior to the expiration date.
It is the customer’s responsibility to renew their domain names with us.
All invoices and fees must be paid in full before we release the requested domain name.
BRAND DESIGN LTD. has the domains in a shared pool account and therefore cannot give access to the control panel of its domain.
Any domain can be transferred to a customer account if the customer has one. The transfer is carried out against a certain fee.
BRAND DESIGN LTD. offers packages in coordination with third-party suppliers. Changes in the rules and policies of the third party provider may ultimately affect the services we provide or the terms and conditions herein.

COPYRIGHT

The copyright transferred to the customer does not include rights to reuse the code for another website or to resell the program codes for commercial or non-commercial purposes. In the event of a business restructuring or change of ownership, ownership of the Website may be transferred from one owner to another. New owners may not resell or reuse for commercial or non-commercial purposes.

In the event of a webmaster change, site owners are not allowed to show credits for the new website unless the functionality and appearance of the website changes by more than 50% from our original work.

The LOGO and SLOGAN BRAND DESIGN LTD.  are fully reserved and registered trademarks of BRAND DESIGN EOOD. Customers, partners, suppliers, subcontractors and any other third-party organization or individual may not use BRAND DESIGN LTD’s trademarks, including the name, logo and slogan, in any shape or form without written permission from us.