The following terms and conditions apply to all branding, design, and website design/development services provided by The Branx Europe S.L. to the Client.
Last updated: October 5, 2021
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by The Branx Europe S.L. are defined in the project quotation. The price does not include VAT. Quotations are valid for a period of 30 days. The Branx Europe S.L. reserves the right to alter or decline to provide a quotation after the expiry of the 30 days.
Unless agreed otherwise with the Client, all design services require a non-refundable advance payment of a minimum of fifty (50) percent, and a second payment of the remaining 50% of the project quotation due upon completion of the work, or after 60 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials.
Payment for services is due by wire transfer or credit card payments via Stripe. All credit card payments require a 3% processing fee. If an account becomes 30 days past due, all design activities will be paused until payment is made and the account is current. At 60 days past due, the account is to be handed over to collection.
The Branx has the right to charge incremental media markup fees on any media accounts up to 25% to cover the additional cost of placing media.
3. Client Review
The Branx Europe S.L. will provide the Client with an opportunity to review the designs for the branding, and the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies The Branx Europe S.L. otherwise within ten (10) days of the date the materials are made available to the Client.
3.1 Changes or Revisions. Any verbal or written changes or revisions made by you to the scope of the Work as laid out in the initial Design Brief following its commencement by us are subject to additional charges. Should such changes or revisions negate any part of the Work already completed at the time of the changes or revisions, you accept responsibility for payment of the completed Work and all services related to it, in addition to charges for the change or revision itself. If the Works have been produced by us, please note that unless otherwise stated the estimate/invoice provided, includes up to 2 feedback rounds of minor revisions (30 minutes maximum). Any additional changes or revisions and drafts will attract additional charges (75 € per hour for any additional changes or revisions).
4. Turnaround Time and Content Control
The Branx Europe S.L. will install and publicly post or supply the Client's designs and/or website by the date specified in the project proposal, or at date agreed with Client upon The Branx Europe S.L. receiving initial payment, unless a delay is specifically requested by the Client and agreed by The Branx Europe S.L.
In return, the Client agrees to delegate a single individual as a primary contact to aid The Branx Europe S.L. with progressing the commission in a satisfactory and expedient manner.
During the project and if not agreed otherwise, The Branx Europe S.L. will require the Client to provide website content; text, images, movies and sound files, etc. to populate the website.
5. Failure to provide required (website) content
The Branx Europe S.L. is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information at least two (2) weeks prior to the agreed completion date. On any occasion where progress cannot be made with your designs or website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do before the agreed time, two (2) weeks prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Google Document, Microsoft Word, pdf file, or email with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.
Invoices will be provided by The Branx Europe S.L. upon completion but before publishing the live website. Invoices are normally sent via email. Accounts that remain unpaid fifteen (15) days after the date of the invoice will be assessed a service charge in the amount of 10% or 50 EUR per month of the total amount due, whichever is greater.
7. Additional Expenses
The client agrees to reimburse The Branx Europe S.L. for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, plugins, etc. This payment will be required prior to the purchase of the additional required materials.
The ownership of the finished design or website will be handed over to you upon full payment of all invoices. The Branx retains ownership of all working files.
9. Web Browsers
The Branx Europe S.L. makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current desktop and mobile browsers (e.g. Google Chrome, Microsoft Edge, etc.). The client agrees that The Branx Europe S.L. cannot guarantee correct functionality with all browser software across different operating systems.
The Branx Europe S.L. cannot accept responsibility for web pages that do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, The Branx Europe S.L. reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid fifteen (15) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on The Branx Europe S.L.'s Google Drive folders or Figma files, The Branx Europe S.L. will, at its discretion, remove all such material from this cloud service. The Branx Europe S.L. is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account.
Clients with accounts in default agree to pay The Branx Europe S.L. reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by The Branx Europe S.L. in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing or by email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within fifteen (15) days.
All The Branx Europe S.L. services may be used for lawful purposes only. You agree to indemnify and hold The Branx Europe S.L. harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files, and graphic logos provided by the Client, and grants The Branx Europe S.L. the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting The Branx Europe S.L. permission and rights for use of the same and agrees to indemnify and hold harmless The Branx Europe S.L. from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions.
14. Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format. Although every reasonable attempt shall be made by The Branx Europe S.L. to return to the Client any images or printed material provided for use in the creation of the Client's designs and/or website, such return cannot be guaranteed.
15. Design Credit
A link to The Branx Europe S.L. will appear in either small type or by a small graphic at the bottom of the Client's website. If a client requests that the design credit be removed, a nominal fee of 250 EUR will be applied. The Client also agrees that the design developed for the Client may be presented in The Branx Europe S.L.'s portfolio.
16. Access Requirements
If the Client's website is to be installed on a third-party server, The Branx Europe S.L. must be granted temporary read/write access to the Client's storage directories. Depending on the specific nature of the project, other resources might also need to be configured on the server.
17. Post-Placement Alterations
The Branx Europe S.L. cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.
18. Domain Names
The Branx Europe S.L. can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of The Branx Europe S.L. The loss, cancellation, or otherwise of the domain brought about by non or late payment by the client is not the responsibility of The Branx Europe S.L.The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client's acceptance via email, text, or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
20. Governing Law
This Agreement shall be governed by Spanish law. Any claims against this agreement must be made within 6 months from the date of the subject of the claim and must be made in writing to The Branx Europe S.L, Avenida del Puerto 2, 5B, 11006 Cadiz, Spain. Should a claim arise, you agree to waive a trial by jury and to first seek a resolution by arbitration in Cadiz, Spain.
The Branx Europe S.L. hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of The Branx Europe S.L. to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.
The Branx Europe S.L. may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.
These Terms and Conditions of Service represent the parties' entire agreement with regard to The Branx's provision of services. Agreement with these terms and conditions is upon signature of The Branx Europe S.L's Contract or by accepting the quote, and it will be binding upon you and your successors.
The person signing the Contract certifies that (s)he is lawfully authorized to purchase services on behalf of your company.
26. Effective Upon Execution
Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.