Terms & conditions.
The working agreement for website design, development, creative services and ongoing support.
1. Standard terms and conditions
These are the standard terms and conditions for website design and development and apply to all contracts and work undertaken by Digital Brilliance Custom Media Design.
2. Fees and deposits
A 50% deposit of the total fee is due when work begins. The remaining 50% is due when the work is completed to reasonable satisfaction, subject to the approval and rejected-work clauses. Work may not begin until the deposit is paid. Once development has started, the deposit is not refundable if the client terminates the contract through no fault of Digital Brilliance.
3. Supply of materials
Clients must supply the photographs, written copy, logos and other materials needed to complete the agreed work. Delays in receiving content may extend deadlines. Work already completed may be invoiced if missing materials prevent progress.
4. Variations
Reasonable revisions are included, but additional concepts or major deviations from the original specification may be charged at $100 per hour.
5. Project delays and client liability
Time frames depend on full client cooperation, complete content and timely feedback from one designated contact. Unless arranged otherwise, clients have up to six months to provide information required to complete the work.
6. Approval of work
Clients have seven days after completion notice to report unsatisfactory points in writing. Work not reported during that review period is deemed approved. A typical website may take up to 12 weeks from discovery through modifications, though timing varies by project.
7. Rejected work
If work is rejected within the review period and Digital Brilliance reasonably considers the rejection unreasonable after attempting to remedy reported issues, the contract may be ended and payment for completed work recovered.
8. Payment
After the seven-day review period, the remaining 50% balance is invoiced.
9. Client ownership and permissions
Clients must obtain all permissions for copy, images, registered logos, names, trademarks and other supplied material, and hold Digital Brilliance harmless from related claims.
10. Licensing
After payment in full, the client is granted a license to use the website, related software and content for the life of the website.
11. Search engines
No specific search position is guaranteed. Basic SEO is performed according to current best practice.
12. Consequential loss
Digital Brilliance is not liable for loss or damage attributable to delays in performing or completing the contract.
13. Disclaimer
To the extent permitted by law, liability is limited to replacement, repair, re-supply of contracted services or payment of the cost of those services.
14. Subcontracting
Digital Brilliance may subcontract agreed services when appropriate.
15. Non-disclosure
Digital Brilliance and its subcontractors will not disclose confidential client information to third parties.
16. Additional expenses
Clients reimburse approved expenses outside the proposal, including templates, third-party software, stock photography, fonts, domains, hosting and comparable costs.
17. Backups
Clients are responsible for their own backups except where data loss results from a negligent act or omission by Digital Brilliance.
18. Domains and hosting
Account credentials for domains or hosting purchased on a client’s behalf are supplied once related expenses are reimbursed.
19. Governing law
These terms are governed by California law and disputes are subject to California courts.
20. Browser compatibility
Websites are built for current, well-supported browsers. Third-party extensions may vary in support; reasonable alternatives may be used where incompatibilities arise.
21. E-commerce
Clients are responsible for compliance with laws related to e-commerce and indemnify Digital Brilliance and its subcontractors from claims arising from their use of electronic commerce.
22. Barcodes and facts labels
Clients supply all barcodes, SKU numbers and nutrition or supplement facts. Digital Brilliance is not responsible for insufficient or non-scanning client-supplied barcode data.
23. Maintenance and hosting
Hosting and maintenance may be billed monthly or annually. Services may be paused if monthly payments are not continued. Additional work outside a plan is invoiced based on the work requested.
24. Hosting options
Available maintenance levels range from hosting only at $10/month through unlimited hosting, maintenance, updates and SEO at $100/month. See the hosting page for current plan details.