Terms of Services

1. Authorization/contact agreement.
The client is engaging Brandchise Media as an independent contractor for the specific project of developing an Internet web site, graphics or modifying an existing web site. The client is responsible for providing accurate and reliable contact information. The client agrees that any email address given for business purposes will be active and understands that the client is responsible for replying to all correspondence sent to that address by Brandchise Media. Failure to respond in a timely manner may result in a suspension of your account if Brandchise Media is unable to contact you for a 14 day period using the contact information that you have provided.

2. Changes and Additions.
Any changes request by you after agreed completion and upload may be subject to additional charges. Additional work requested will be considered as a separate work order. Brandchise Media is under no obligation to make any additions that do not arrive in writing or arrive without an acknowledgement of charges to be billed.
You must submit a new order form when adding additional pages/features to your web site. Any further revisions in your web site may result in additional charges if it requires anything other than a simple change of contact information or a correction of an error.

3. Completion Date.
Brandchise Media and the client must work together to complete the web site in a timely manner. Brandchise Media agrees to complete the web sites in a timely manner, no later than four (4) weeks from the time that ALL information and materials are received by Brandchise Media.

If the client does not supply Brandchise Media with ALL information and materials by a date, 8 weeks from the date that the Order Form is submitted, the account may be suspended or even cancelled at the discretion of Brandchise Media. If for any reason, a lengthy delay is anticipated after all materials have been delivered to Brandchise Media, we will provide a refund for any uncompleted work that is cancelled by the client or advise the client of a new schedule for the contracted work.

4. Payment of Fees.
All design work completed or in progress remains the legal property of Brandchise Media until full payment is received. Once full payment is made, the client shall retain legal ownership of all contracted work. Fees to Brandchise Media are due before the commencement of any contracted work. The entire amount of the contract becomes due and payable at the time that the work is contracted - NOT upon completion.

5. Impossibility of Performance.
Client acknowledges and agrees that Brandchise Media cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond their control including, but not limited to, local telecommunications problems, line failures, or temporary down time for maintenance or upgrades. The client also accepts that because web pages rely on delivery through a world-wide web of co-operating systems - from time to time, any web site may temporarily experience interruptions beyond the control of Brandchise Media.

6. Copyrights and Trademarks.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Brandchise Media for inclusion in the web site are owned, or that the proper permissions were received by the client from the rightful owner to use these elements in the web site. The client further guarantees that Brandchise Media will be held harmless, be protected from, and be defended from any claim or suit arising from the use of such elements furnished by the client.

7. Copyright to Web Pages and Artwork.
Upon full final payment of this contract, Brandchise Media agrees that its work product produced in the performance of this contract shall remain the exclusive property of client, and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without client's prior written consent. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client and remain the property of their respective owners. Clients are entitled to personal use of purchased Brandchise Media artwork e.g. incorporating it into letterheads, business cards, print advertising (credit to Brandchise Media where applicable), however we do retain the copyright on each graphic. This means that you are free to use your graphics as in the above fashion, but cannot modify them in any way. We also reserve the right to display your graphics as examples of our work on our design site.

8. Refusal of Service.
Brandchise Media reserves the right to refuse service for any web site or material that that it feels is not legal, moral, or in the best interests of Brandchise Media. Brandchise Media is not responsible for the content of any web site. Brandchise Media may cancel this contract for failure of the client to abide by its terms.

9. Cancellations and Refunds.
Once design work has commenced, the initial deposit of 50%, or 50% of the balance paid in full, is non-refundable. Notice of cancellation must be received in writing, and Brandchise Media will invoice the client for any work completed for which compensation is not included within the aforementioned 50% deposit.

10. Design Credit.
A small logo image and link to Brandchise Media will appear at the bottom of each page on the site. The client agrees to display this image and link for as long as the web site, designed by Brandchise Media, is publicly displayed on the internet, regardless of where the site is hosted or maintained.

11. Governing Law.
This Agreement shall be construed in accordance with and governed for all purposes by the laws of the State of Florida applicable to contracts executed and to be wholly performed within such State, without regard to its conflict of laws provisions. You hereby irrevocably: (a) agree that venue for any suit, action, or proceeding of any nature whatsoever arising out of, or in any way connected with this Agreement; (b) waive, to the fullest extent permitted by law, any objection which you may have to the laying of venue in the above-described courts; (c) waive any claim, defense, or objection that any suit, action, or proceeding brought in any of the above-described courts has been brought in an inconvenient forum; and (d) accept and consent to the personal and subject matter jurisdiction of the state and federal courts in and for Miami-Dade County, Florida U.S.A in any suit, action, or proceeding arising out of, or in any way connected with this Agreement. You agree that service of process may be made upon you at the address set forth herein.