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Terms of Service

Effective Date: July 2023

The following Terms of Service apply to all products and services provided by Brave Brands Ltd (hereinafter referred to as Brave Brands) to a client (hereinafter referred to as the Customer) to complete their assignment (hereinafter referred to as the Project), and in the event of any dispute are governed by the laws of England and Wales.

Brave Brands Ltd is a registered company in England and Wales number: 08376579; VAT number: GB 200 2360 83

All work is carried out by Brave Brands on the understanding that the Customer has agreed to our Terms of Service.

Copyright is retained by Brave Brands on all design work including words, pictures, ideas, visuals and illustrations, unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and one is chosen for your Project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Brave Brands, unless specifically agreed in writing.

Project acceptance

At the time of proposal, Brave Brands will provide the Customer with a written Project estimate or quotation by email. Where required, any additional Project terms (in addition to those mentioned here) will be included within the estimate or quotation. Our current Terms of Service can be read at any time on the Brave Brands website.

A copy of the written Project estimate or quotation is to be signed and dated by the Customer to indicate acceptance and should be returned to Brave Brands.

Alternatively, the Customer may send an official purchase order in reply to the Project estimate or quotation, or an email acknowledging acceptance of the estimate or quotation, which binds the Customer to accept our Terms of Service.

For the avoidance of doubt, the Brave Brands Terms of Service are what govern the assigned Project, not any conditions on the customer’s purchase order.

Design charges

Charges for design services to be provided by Brave Brands will be set out in the written estimate or quotation that is provided to the Customer. At the time of the Customer’s signed acceptance of this estimate or quotation, or an email acknowledging acceptance of the quotation, indicating acceptance of the Terms of Service, a non-refundable payment of 50% of the quoted fee will become immediately due.

Unless agreed otherwise with the Customer, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Customer for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

In the cases of larger, or more complex projects, Brave Brands may also offer alternative advanced payment terms. These will be indicated within the supplied Project estimate or quotation.

Source files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the Project scope or request.

Charges for design services do not cover the release of our copyrighted development design source files, including but not restricted to: indd, psd, ai, png, jpg, other source files, or raw code; if the Customer requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Charges for other services

Charges for any additional services requested during the Project that are over and above the estimated time or considered ‘out-of-scope’, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

Upon Project approval, the Customer will be provided with a ‘completion email’ and an Invoice prior to final publication/ or their website is made ‘LIVE’. At this time the remainder of the amount due will become payable, and the Customer will also be required to acknowledge approval by email to Brave Brands.

Our payment terms are strictly 15 days from the invoice date unless otherwise agreed with the Client.

Any invoice queries must be submitted by email within 7 days of the invoice date.

Accounts which remain outstanding for 30 days after the date of invoice, will incur a late payment interest charge at the Bank of England Base Rate plus 5% on the outstanding amount from the date due until the date of payment.

Payment is accepted via local or International bank transfer (BACS), a sort code, account number, or IBAN details are provided on the invoice. Payment of an advance fee constitutes an agreement to and acceptance of these Terms of Service.

Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.

Publication and/or release of work done by Brave Brands on behalf of the client, may not take place before cleared funds have been received.

Returned cheques will incur an additional fee of £50 per returned cheque. Brave Brands reserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Brave Brands shall be entitled to remove Brave Brands’ and/or the Customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the Customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay all Brave Brands’ reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms of Service.

Copyrights and Trademarks

By supplying text, images and other data to Brave Brands for inclusion in the Customer’s website or other medium, the Customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Brave Brands on behalf of the Customer, will remain the property of Brave Brands and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the Customer solely for the project defined in the scope or request and not for any other purpose.

The Customer may request in writing from Brave Brands, the necessary permission to use materials (for which Brave Brands holds the copyright) in forms other than for which it was originally supplied, and Brave Brands may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the Customer, not Brave Brands.

By supplying images, text, or any other data to Brave Brands, the customer grants Brave Brands permission to use this material freely in the pursuit of the design.

Should Brave Brands, or the Customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Customer will agree to allow Brave Brands to remove and/or replace the file on the site.

The Customer agrees to fully indemnify and hold Brave Brands free from harm in any and all claims resulting from the Customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The Customer agrees that changes required over and above the estimated Project work, or in addition to the agreed Project scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The Customer also agrees that Brave Brands holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Unless otherwise specified within writing to the Customer, once Brave Brands receives the final Project payment, copyright for the Project is automatically assigned as follows:

The Customer owns the final ‘approved’ logo, graphics, copywriting, and other visual elements that we create for the Project. The Customer will be given a copy of all ‘approved’ digital files, which should be stored safely. Brave Brands is not required to keep them or provide any native source files, we used to make them.

The Customer also owns the supplied text content, photographs and other data provided, unless someone else owns them. Brave Brands will continue to own any source theme mark-up, CSS and other code, and we license it to you for use only on the associated Project.

Development ‘creative’ and files, not limited to: sketches, visuals, concepts, non-approved documents, remain the property of Brave Brands, and may not be used, modified, or supplied, without written permission, and payment.

For all design work, where there is a risk that another party may make a claim, reproduce, or copy, should be registered by the Customer with the appropriate trademarking authorities prior to publishing, or first use, or searches, and legal advice sought as to its use.

Brave Brands will not be held responsible for any and all damages resulting from such claims.
Brave Brands is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Customer agrees not to hold Brave Brands responsible for any such loss or damage.

Any claim against Brave Brands shall be limited to the relevant fee(s) paid by the Customer.

Data formats

The client agrees to Brave Brands’ definition of acceptable means of supplying data to the company.

Text is to be supplied to Brave Brands in electronic format as standard text (.txt), MS Word (.docx), via email / FTP, or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by Brave Brands via email / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Brave Brands will not be held responsible for any image quality which the Customer later deems to be unacceptable.

Brave Brands cannot be held responsible for the quality of any images which the Customer wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.

Project duration

Any indication given by Brave Brands of a Project’s duration is to be considered by the Customer to be an estimation. Brave Brands cannot be held responsible for any Project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Brave Brands for the initial payment, or by date confirmed in writing by Brave Brands.

Project completion

Brave Brands considers the Project complete upon receipt of the customer’s signoff email or direct message. If not mentioned within the estimate or Project proposal, other services such as printing, display panel production, film work, website uploading, publishing etc. contracted on the Customer’s behalf constitute a separate Project and can be treated as a separate charge.

Rights of access for website construction

The Customer agrees to allow Brave Brands all necessary access to computer systems and other locations, as required, in order to complete a website Project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.

The Customer also agrees that Brave Brands will be not be held responsible for any data loss, consequential server down-time, server miss-configuration, for whatever cause or reason, during access to any computer systems where they have been given access.

The Customer agrees to allow Brave Brands access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The Customer agrees to supply Brave Brands with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Website design only

Brave Brands require that a design template is approved by the Customer before coding of a site commences. Once the template(s) for the web site are approved by the Customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.

Once a website is complete, Brave Brands will provide the Customer with the opportunity to review the resulting work.

Brave Brands will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include, small textual changes, and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes should be notified to Brave Brands by email.

Brave Brands will consider that the Customer has accepted the original draft, if no notification of changes is received in writing from the Customer, within 14 days of the start of the review period.

Website testing

Brave Brands develops Projects using current best practices. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind, we will test all our developed themes and CSS in current versions of all major desktop browsers to ensure that we make the most from them.

Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. We do not cater for people using Microsoft Internet Explorer 6 and cannot predict the behaviour of that browser. We will also test that these templates perform well on Apple’s iPad. We will not test old or abandoned browsers, for example Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified.

If you need us to consider these older browsers, we will charge you at our standard old browser rate for any necessary additional design work, development and testing.

Hosting websites

Brave Brands offers a limited hosting services through an out-sourced virtual server. Brave Brands does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

Brave Brands may request that Customers change the type of hosting account used if that account is deemed by Brave Brands to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Brave Brands’ virtual server are due at the commencement of any period of service and are non-refundable.

Fees due to third party hosting organisations are the responsibility of the Customer, and Brave Brands are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Customer / domain owner.

Brave Brands will not host websites deemed to be illegal, illicit, pornographic, selling contraband, file sharing, copied software, or sites offering products that contravene worldwide regulations. Websites that are found to be contravening rules will be removed, and the hosting account closed with no monitory refund given. Brave Brands accepts no liability for monitory loss of terminated services.

Domain registration

Brave Brands cannot guarantee the availability of any domain name. Where Brave Brands is to register a domain name on behalf of a Customer it will endeavour to do, so but the Customer should not assume a successful registration.

Search engine submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Brave Brands cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Brave Brands recommend that Customers use a professional SEO company, and are happy to provide details of such companies, but accept no responsibility for their services.

Design credits

The Customer agrees to allow Brave Brands to place a small credit on printed material, exhibition displays, advertisements and/or a link to Brave Brands’ own website on the Customer’s website. This will usually be in the form of a small line of text placed towards the bottom of the page.
The Customer also agrees to allow Brave Brands to place websites and other designs, along with a link to the Customer’s site on Brave Brands’ own website, for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of refusal

Brave Brands will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Brave Brands also reserves the right to refuse to include submitted material without giving reason.

In the situation where any images and/or data that Brave Brands does include in all good faith, and subsequently discovers is in contravention to such Terms of Service, the Customer is obliged to allow Brave Brands to remove the contravention without hindrance, or penalty. Brave Brands is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or email, however, following this, Brave Brands will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days.

Please note: any cancellation which is not formally confirmed in writing and received by Brave Brands within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

Brave Brands makes no warranties of any kind, expressed or implied, for any and all products and/or services that it supplies. Brave Brands will not be held responsible for any and all damages resulting from products and/or services it supplies. Brave Brands is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Customer agrees not to hold Brave Brands responsible for any such loss or damage. Any claim against Brave Brands shall be limited to the relevant fee(s) paid by the Customer.

Brave Brands reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms & Conditions. Brave Brands will not knowingly perform any actions to contravene these and the Customer also agrees to be so bound.

General

These Terms of Service supersede any previous Terms & Conditions distributed in any form. Brave Brands reserves the right to change any rates and any of the Terms of Service at any time and without prior notice.

Acceptance of Terms of Service and Quotation

The placement of an order for design and/or any other services offered by Brave Brands, by email, verbally or in writing, is deemed to be acceptance of these Terms of Service, which are freely available to read at www.bravebrands.co.uk/terms-of-service.

An estimate validated by the Customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms of Service and forms a Contract for Business between the signatory and Brave Brands.