Standard Terms and Conditions

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

We provide an extensive portfolio and a preview of our project management system 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 in our project management system. We never guarantee a specific result online or 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 General Terms and Conditions —

Think Big Enterprises, LLC DBA Brand Equation (hereinafter “Company”) is the Company providing the products and/or services. Electronic and email communication are construed as written notice in all communications by Company. These terms and conditions are referenced in all invoices issued by Company. 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 unless a secondary agreement exists between Company and Customer which amends these terms. Any and all payments made on an invoice shall be deemed to be full acceptance of these terms and conditions by the Customer. In general, once a payment is made on an invoice there will be no refunds issued as we begin work immediately and often render or deliver the product and/or services immediately or very quickly after payment is made. Customer acknowledges and understands this and both parties agree that the invoice is an agreement and, unless otherwise indicated by a primary or secondary agreement executed by all parties, indicates the full scope of the agreed upon project. Any changes, additions or revisions above and/or beyond the scope or the total time estimate provided in the invoice (where applicable) will incur additional development charges which are billed hourly in fifteen (15) minute billable increments at standard rate of USD $125.00 per hour and any delays caused by the Customer may result in changes to the scheduled Deliverables and fees.

In general, an invoice agreement shall become effective as of the date first issued by Company and terminate immediately upon final payment of full balance due to Company. The Customer shall pay the Fees on or before the date due in accordance with the Invoice. Company requires a 60-day written notice of cancellation of ANY recurring marketing, technology or hosting service; software development and web design projects may not be cancelled in any way once initial payment or deposit is paid by Customer. Written notice of cancellation may be emailed or sent to our corporate mailing address at 235 W Brandon Blvd. #241, Brandon, FL 33511. Company reserves all rights not expressly granted to Customer. Except as expressly authorized in these terms and conditions, Customer shall not sell, rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify or time share any deliverable provided or produced by Company to Customer.

For any payment not received when due, Company may, at its absolute and sole discretion: Assess an initial late fee of $50.00 for administration and processing; and charge interest at the highest rate permitted by law for any unpaid balance(s); additionally, Company is entitled to recover any sums expended in connection with the collection of undisputed fees not paid when due, including reasonable attorneys’ fees; and may suspend any service Company is providing the Customer, which may include access to Software and other such Products and Services – the Parties agree that this subparagraph shall apply regardless of the existence of any applicable executed Secondary Agreement and that the Parties agree that any applicable executed Primary or Secondary Agreement is amended to permit this right.

Software Development & Web Design —

Customer acknowledges and understands that a software or 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 development and design project exceeds the time estimate provided to Client via the invoice, Client will be invoiced accordingly at the standard rate. Payments for all development and 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 balance for the development project is due to Company without exception. If a project is canceled or postponed by Customer, all monies paid to Company are retained by Company and, full project balance notated on the invoice remains due to Company. Company exclusively owns a copyright on ALL of its own intellectual property such as source software code and custom website code, including but not limited to, text, content, images, designs, layouts, themes, videos, logos, technical data, documentation, programming code or other work product that may be integrated into or become a part of work being done for Customer. Customer acknowledges and agrees that the Products, source code, object code, the Software, the ideas, methods of operation, processes, know-how, aesthetic aspects, sub-systems and platform modules included in the Products, the graphical user interface(s) for the Products, and the look and feel of the Products are proprietary materials which contain valuable trade secrets and that all Intellectual Property Rights to the Products are owned exclusively by Company. Customer further acknowledges and understands that website and software development involves hundreds if not thousands of small details and that development of a new website or software integration often involves new ideas, evolutions, iterations or changes that the Client may discover and want implemented as the project develops over time.The Customer acknowledges and agrees that the estimated fees on all website and software projects in the Invoice are solely a good faith estimate provided for the Customer’s own budget/resource planning and is not a guarantee the work performed and completed under the Invoice will be completed for that amount and the actual amount may be higher or lower for any number of reasons, many of which are stated herein. Any requests (oral or written) for changes or additions to the project that expand the scope of the project AFTER development has started under this Agreement will incur an additional charge at the standard hourly rate. Company will notify customer of any hourly billing situations in advance and Customer will need to approve the additional work requiring the additional billing before Company continues or commences on any further project work. Any additional work and billing approved by Customer will be added to the project invoice thus increasing the total invoice amount and balance due accordingly.

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.

Hosting (Websites and Applications) —

Payments for past/previous months of any/all hosting services are non-refundable without exception. 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 MONTHLY 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 these terms and conditions, state or federal laws, or fails to provide proper written notice of cancellation. Accounts terminated due to policy, terms or legal 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. Domain hosting services may be suspended or terminated at any time by Company, if in the Company’s sole discretion, Company deems that the hosting account and the server resources are being used for sending spam email or if Customer uses the hosted domain to send email and Company’s domain is flagged by ISP’s or other 3rd parties for suspicious email sending practices. Sending Spam email is a serious offense in the digital world and can cause great harm to Company’s and Customer’s reputation, domain and brand assets.

Shopping Cart and 3rd Party Software Use and 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.

Third Party Materials. Nothing in these terms and conditions or any related agreement shall restrict or limit or otherwise affect any rights or obligations Customer may have, or conditions to which Customer may be subject, under any applicable private or open source licenses to any open source code contained in any work product or deliverables or any third-party licenses for third-party Code or Software contained in or which otherwise may be part of the deliverables. Company expressly disclaims any responsibility for any 3rd party software that may malfunction or become inoperable in part or in full as it relates to the work that Company is doing for Customer. Customer is responsible for compliance with all 3rd party software licenses and holds Company harmless from any liability that may arise from Company or Customer’s use of 3rd party software product or code.

Digital/Internet Marketing Solutions (Local Search, Visibility, PPC, Social Media, Reputation, Director Listings) —

Payments for all digital marketing services are non-refundable without exception. All digital/internet marketing solutions are a pre-paid monthly recurring subscription. Quite often we expend hard costs in the beginning of the new billing cycle to provide for the subscribed products and/or services. We do not receive refunds on advertising dollars spent or labor hours expended/provided to conduct the work noted in the invoice, therefore we cannot and do not provide any refunds on any digital marketing services once payment is made. While we do not require a contract with any of our digital 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 mailing address at 235 W Brandon Blvd. #241, Brandon, FL 33511 or by email to admin[at]brandequation.com.

Consulting Services —

Payments for all consulting services are non-refundable without exception. Consulting services provide immense value in the knowledge, advice, trade secrets, methods, strategies, tactics and other valuable consideration provided by us in and through the consultative process. Because of the nature of these services we do not provide refunds on any payments made on any invoice for consulting services provided by Company.

Credit Card Authorization | 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 by you, and agree to pay these charges according to the card holder agreement. You agree that there are no refunds for any reason under the terms and policies stated 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, digital or electronic transmission of this agreement and/or payment on any invoice is mutually acceptable and legally binding under these terms and conditions and constitutes acknowledgement of these terms and conditions as noted on the associated invoice.

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 and cease all work in progress. As some of our services are delivered via email or the internet, the client will have access to all files so emailed or hosted in the cloud. In the event of a decline or chargeback being filed where you are still in possession of any of Company’s work product, we may commence any necessary legal action to prevent any unauthorized or unlawful use of our work or work product. 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, products and/or 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 further notice. A $250.00 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 or questions. 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 billing, payment terms and refund policy prior to making a payment. If any arbitration or legal proceeding is brought for the enforcement of these terms and conditions under 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.

OTHER TERMS AND CONDITIONS

During the course of providing products and services to Customer, Company may document, record, notate and/or transcribe meetings conducted on behalf of Customer.

ACKNOWLEDGEMENT

The Customer hereby acknowledges having read these terms and conditions and hereby agrees to be bound by said terms and conditions. Payment on any invoice by Customer shall be deemed as customer’s acknowledgment, understanding and agreement to be bound by these terms and conditions.

ADDRESS FOR ALL WRITTEN NOTICES

Brand Equation
235 W Brandon Blvd. 241
Brandon, FL 33511
(844) GO-BRAND

PLEASE NOTE THAT THESE TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME AS NEEDED IN THE SOLE DISCRETION OF THE COMPANY.

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