Billing Terms and Conditions

Our goal is to exceed your expectations by providing high quality and professional marketing and web services to our clients. If you are not satisfied with your new website or marketing service, please tell us right away and we will make sure to correct any issue(s) to ensure your complete and full satisfaction. In short, we guarantee the work we itemized in your invoice will be done and we stand behind this policy 100%.

We provide an extensive portfolio for you to view before hiring us for your project so you can see the quality level of our work and be completely comfortable working with us. For online marketing campaigns we detail the tasks and work we will do each month in these campaigns and guarantee that work will be done. We never guarantee a specific result in the search engine results because we do not control them. If you have any questions or reservations, please contact us prior to making a payment for our services. Thank you!

Billing and Invoicing Terms and Conditions —

Brand Equation (hereinafter “Company”) is the Company providing web marketing services. Customer acknowledges and understands that a website project estimate provided to Client by Contractor is based exclusively upon a total development time “estimate” in hours projected to be spent by Company and its development team to design, develop and complete the project. If Company’s total time spent on the website project exceeds the time estimate provided to Client after development has started under this Agreement, for any reason, Client will be billed an additional charge at the default rate of $125.00 per hour. Invoices are due in full once issued. Company may accept a deposit or provide payment arrangements as a courtesy to Customer but this shall not be construed as waiver of the full balance due Company. Final payment on any invoice by customer shall serve as notice and indication from Customer to Company that Customer is fully satisfied with the products or services rendered on the invoice and that Company has no further obligation on the services rendered by Company to Customer. Any and all payments made on the invoice shall be deemed to be full acceptance of these terms and conditions by the Customer.

 

This Invoice Agreement shall become effective as of the date first issued by Company above and terminate immediately upon final payment of full balance due to Company. In general, Company requires a 60-day written notice of cancellation of ANY recurring marketing, technology or hosting service. Written notice of cancellation may be sent to our corporate offices at 4830 W Kennedy Blvd., Suite 600, Tampa, Florida 33609.

 

Web Design —

Payments for all web design projects made to us in increments is only a courtesy to the client. Once a payment or deposit is made, it is non-refundable and the full invoice is due to Company. If a project is canceled or postponed, all monies paid are retained by Company and, if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client without exception, including any additional hours of design or development time that is required to complete the project. Company exclusively owns a copyright on ALL website files, including but not limited to, text, content, images, designs, layouts, themes, videos, logos, technical data, documentation or other work product, until the final balance due is paid and satisfied in full. Customer acknowledges and understands that website development involves hundreds if not thousands of small details and that development of a new website often involves new ideas or changes that the Client would like implemented as the website project develops. Customer also acknowledges that it is impossible for Company to anticipate Customer’s exact design wishes as the project gets underway. Any requests (oral or written) for changes, additions or revisions to the website project AFTER development has started under this Agreement will incur an additional charge at the rate of $125.00 per hour. Customer acknowledges and understands this and both parties agree that this invoice agreement and the related communications (oral and written) indicate the full scope of the agreed upon project and that any changes, additions or revisions above and/or beyond this scope or the total time estimate will incur additional development charges which are billed hourly in fifteen (15) minute billable increments.

 

Print Design —

Design costs paid to Company are non-refundable. Printing costs paid to Company are refundable only if printing error is determined to be our fault. We are not liable for damages incurred due to printing errors or problems from our files if full specifications from your printer were not provided or were incorrect/inaccurate, or if you supply the wrong files to your printer.

Research, Analysis, Setup, Online Marketing, SEO Services and Business Consulting Services —

Due to the nature of these services upfront payment in full is required before services are rendered or work product is released. No refunds are given for any of these setup, research, analysis, marketing, consulting and/or service fees paid to Company.

 

Website/Domain/App Hosting —

Payments for past months of all hosting services are non-refundable. All hosting accounts require a minimum of 60 day written notice of cancellation or pay a $250.00 early termination/cancellation fee per hosting account. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for service is still due. Hosting accounts are not canceled until written notice is received from the client.

Company reserves the right to disable and/or terminate a user’s account if a user is found in violation of the AUP or fails to provide proper written notice of cancellation. Accounts terminated due to policy violations will not be refunded. Failure to pay final balances due upon cancellation and/or the cancellation fee are violations of these terms and conditions.

 

Shopping Cart Software Licenses —

Purchase of a shopping cart license grants client a license to use the software on the domain specified when ordering, using web hosting services provided by Company only. You are not granted ownership of such software. Shopping cart licenses are non-refundable. Beyond 1 year, shopping cart licenses are non-transferrable to a new domain.

 

Internet Marketing Solutions (Local Search, SEO, PPC, Social Media, Reputation , Listings) —

Our internet marketing solutions are a monthly subscription such as SEO (search engine optimization) services, PPC (pay per click services), social media marketing campaigns, reputation management and marketing services, directory listing services, web hosting services, etc. While we do not require a contract with any of our internet marketing packages, a 60-day written notice of cancellation is required to cancel any of these subscriptions. No exceptions. Month one payment of your internet marketing solution shall be deemed as your authorization and acceptance of this policy. Written notice of cancellation may be sent to our corporate offices at 4830 W Kennedy Blvd., Suite 600, Tampa, Florida 33609.

 

Credit Cards/Chargebacks/Declines —

You authorize Brand Equation (Company) to bill all charges related to products and/or services provided by Company to the credit card provided, and  agree to pay these charges according to the card holder agreement. You agree that there are no refunds for any reason and cancellation requires notice under the terms and policies herein. You hereby irrevocably authorize and instruct the card issuer to deny any chargeback requests relating to this charge authorization at anytime and for any reason and agree that fax transmission of this agreement is mutually acceptable and legally binding.

If, at any time after you have placed your order and made a payment for the product/service from our site or over the phone, you subsequently attempt to file a chargeback with your credit card company or your credit card is declined, we reserve the right to have your work removed from the Internet immediately. As some of our services are delivered via email, the client will have access to all files so emailed. In the event of a decline or chargeback being filed where we have emailed files to you, we will commence any necessary legal action to prevent any use of our work. All files are to be returned to us immediately and are not to be used by the client at any future stage until the decline or chargeback issue has been resolved and we have been compensated for work performed, services delivered, or both.

If we receive a decline, chargeback or payment dispute (i.e. PayPal Dispute or Credit Card dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $150.00 decline/chargeback fee (issued to recover fees passed on to us by our merchant account and/or bank and labor to process), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment. If any arbitration or legal proceeding is brought for the enforcement of this Agreement, or because of an alleged breach, default or misrepresentation in connection with any provision of this Agreement, or other dispute concerning this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys fees incurred in connection with such arbitration or legal proceeding. This agreement shall be governed by and construed in accordance with the laws of the state of Florida. Both parties agree to the exclusive jurisdiction and venue of the courts of Hillsborough County, Florida.