Terms of Service

Last updated: January 2025

Agreement to Terms

By accessing or using BrandScayle's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

Services Description

BrandScayle provides web development and AI development services, including but not limited to website design, development, AI chatbot creation, process automation, and related consulting services. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.

Project Scope and Deliverables

The scope of work, deliverables, timelines, and project specifications will be outlined in a separate project agreement or statement of work (SOW) for each project. Both parties must agree to the project scope before work begins. Any changes to the scope may result in additional fees and timeline adjustments.

Payment Terms

Payment terms for each project will be specified in the project agreement. Unless otherwise agreed in writing, the following payment terms apply:

  • Advance Payment: A minimum of 50% of the total project cost is required as an advance payment before work commences. This advance payment secures your project slot and covers initial project setup and resource allocation.
  • Milestone Payments: Additional payments may be required at specified project milestones as outlined in the project agreement.
  • Final Payment: The remaining balance is due upon project completion and delivery of final deliverables.
  • Payment Methods: We accept payments via bank transfer, credit card, or other methods as agreed upon in the project agreement.
  • Late Payments: Payments that are more than 7 days overdue may result in a suspension of work until payment is received. Late fees may apply as specified in the project agreement.

Project Timeline

Project timelines are estimates based on the scope of work and client responsiveness. While we strive to meet all deadlines, project completion dates may be affected by factors including but not limited to client feedback delays, scope changes, third-party dependencies, and unforeseen technical challenges. We will communicate any timeline changes promptly.

Client Responsibilities

Clients are responsible for:

  • Providing accurate and complete information, content, and materials required for the project
  • Responding to requests for feedback, approval, or information in a timely manner
  • Providing access to necessary accounts, systems, or resources when required
  • Ensuring that all materials provided do not infringe on any third-party rights
  • Maintaining backups of any data or content provided to us

Revisions and Changes

The number of revisions included in each project package is specified in the project agreement. Additional revisions beyond the agreed number may incur additional fees. Significant changes to the project scope may require a new project agreement and additional payment.

Cancellation and Refund Policy

We understand that circumstances may change, and you may need to cancel a project. Our cancellation and refund policy is designed to be fair to both parties while recognizing the work and resources we have invested in your project.

If you choose to cancel a project or request a refund after work has begun, please note that we have already allocated resources, time, and expertise to your project. To account for these expenses and the work completed, a cancellation fee equivalent to 25% of the total project cost will be applied. This fee helps cover our operational costs, including design work, development time, project management, and resource allocation that have been dedicated to your project.

Refunds will be processed within 14 business days after the cancellation request is approved. The refund amount will be calculated as follows: Total payments received minus the 25% cancellation fee and any work completed that cannot be reused or transferred.

For projects cancelled before work commences (after advance payment but before any work begins), a 15% cancellation fee may apply instead, subject to our review of the specific circumstances.

Intellectual Property Rights

Upon full payment of all fees, you will receive ownership of the custom work created specifically for your project. However, BrandScayle retains the right to use the work for portfolio, marketing, and promotional purposes unless otherwise agreed in writing. We also retain rights to any pre-existing code, frameworks, or tools used in your project.

Any third-party materials, including fonts, images, plugins, or software used in your project, remain subject to their respective licenses and terms of use.

Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner. However, we make no warranties, expressed or implied, regarding the fitness for a particular purpose, merchantability, or any other aspect of the services provided.

We are not responsible for any damages arising from the use or inability to use the deliverables, including but not limited to lost profits, data loss, or business interruption, except as required by applicable law.

Limitation of Liability

To the maximum extent permitted by law, BrandScayle's total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific project giving rise to the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

Confidentiality

We respect the confidentiality of your business information and project details. We will not disclose your confidential information to third parties without your consent, except as required by law or as necessary to provide our services. Similarly, you agree to keep confidential any proprietary information we share with you.

Third-Party Services

Our services may integrate with or depend on third-party services, platforms, or APIs. We are not responsible for the availability, performance, or terms of service of these third-party services. Any issues with third-party services should be directed to the respective service providers.

Support and Maintenance

Support and maintenance terms will be specified in the project agreement. Basic support is typically included for a limited period after project completion. Extended support and maintenance services are available as separate service packages.

Modifications to Terms

We reserve the right to modify these Terms of Service at any time. We will notify clients of any material changes via email or through our website. Continued use of our services after such modifications constitutes acceptance of the updated terms.

Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with applicable laws. Any disputes arising from or related to these terms or our services shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration or in a court of competent jurisdiction, as applicable.

Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

Contact Us

If you have any questions about these Terms of Service, please contact us at:

Email: hello@brandscayle.com
Website: www.brandscayle.com