Terms & Conditions

l. Definitions and Scope of Services

A. Services Covered

This Agreement applies to all services and products offered by Briva, including but not limited to:

1. Website Plans: (Starter, Business, Premium, Custom) including design, development, hosting setup, and post-launch support.
2. Branding & Design: Logo design, visual identity creation, graphic design, and consultation.
3. Print Services: Design, file preparation, production, and delivery of physical printed goods (e.g., business cards, vehicle wraps).
4. Social Media Packages: Content creation, scheduling, management, and strategy consultation.
5. Digital Products (Shop): Purchased assets, including templates, digital designs, and non-custom assets.

B. Plan-Specific Deliverables

The specific features, deliverables, and quantity of items for each Website Plan are outlined on the corresponding product page on the Briva website. Any changes to the scope of work for a fixed-price plan must be agreed upon in writing and may incur additional fees.

II. Payment and Fees

1. Pricing: All prices for Services, Plans, and Digital Products are listed on the Briva website and are subject to change without prior notice, although prices confirmed at the time of purchase are final for that specific order.
2. Website Plans & Custom Services: Unless otherwise specified, all fees for Website Plans and custom service packages must be paid in full prior to the commencement of work. For projects exceeding [e.g., $5,000], a customized payment schedule (e.g., 50% upfront, 50% upon completion) may be agreed upon in a separate written addendum.
3. Digital Products & Print Goods: All fees for Digital Products and Print Goods must be paid in full at the time of purchase via the WooCommerce checkout.
4. Late Payments: Briva reserves the right to cease all work and withhold delivery of files, websites, or products if payment is not received as per the agreed-upon terms.

III. Client Responsibilities and Content

1. Provision of Assets: The Client is required to provide all necessary content (text, logos, images, brand guidelines, access credentials) promptly and in the requested digital format.
2. Timeliness: Briva’s project timelines are contingent upon the timely receipt of materials from the Client. Delays in providing assets may result in delays in the project completion date. If the Client fails to provide necessary assets within [e.g., 7 days] of the project start, the project may be put on hold and a re-initiation fee may apply.
3. Accuracy and Legality: The Client warrants that all content, including text, images, and trademarks, provided to Briva is accurate, fully owned by the Client, and does not infringe upon the intellectual property or other rights of any third party. The Client agrees to indemnify Briva against any claim arising from the use of content provided by the Client.

IV. Project Development and Acceptance

1. Revisions: All Services and Website Plans include a specified number of revision rounds (typically [e.g., two]) for design concepts. Once the agreed-upon number of revisions is exhausted, further revisions will be charged at Briva’s standard hourly rate of $75.
2. Approval: Upon completion of a service or website design, the Client will be notified for final approval. The Client must provide approval or revision requests within [e.g., 7 days]. Failure to respond within this timeframe may constitute final acceptance of the delivered work.
3. Website Acceptance: Upon final acceptance, the Client releases Briva from any liability regarding the design, development, or function of the website, except for issues covered by the post-launch support/warranty period.

V. Intellectual Property and Ownership

1. Client Ownership: Upon full and final payment for Website Plans, Branding, Design, or Social Media Packages, Briva grants the Client full ownership rights to the final deliverables, including the source files, code, and graphics created specifically for the Client. Briva retains the right to display the completed project in its portfolio and marketing materials.
2. Agency Ownership: Briva retains ownership of all pre-existing internal code, development tools, generic elements, and reusable design assets not specifically created for the Client.
3. Digital Products (Templates/Designs): When purchasing Digital Products, the Client receives a non-exclusive, non-transferable license to use the product for their personal or single commercial use as defined in the product description. Resale, redistribution, or modification for the purpose of resale is strictly prohibited.
4. Third-Party Assets: Any stock photography, fonts, or software licenses purchased on behalf of the Client will be the property of the Client, and the Client is responsible for maintaining all necessary licenses after project completion.

VI. Hosting and Technical Support (Website Plans)

1. Hosting Responsibility: Briva builds websites using the WordPress platform. While Briva may recommend or assist with setting up a hosting account (e.g., with Hostinger or similar providers), the Client is the direct account holder and is responsible for all fees, management, and renewals of their domain and hosting services unless a separate managed hosting agreement is explicitly purchased.
2. Post-Launch Warranty:Briva provides a limited [e.g., 30-day] warranty against software bugs and technical errors introduced by Briva during development, effective from the date of launch. This warranty does not cover:
   • Errors caused by the Client or third-party modifications (plugins, code, etc.).
   • Issues arising from hosting provider failures or security breaches.
   • Updates to third-party software (plugins, WordPress core) after the warranty period expires.
3. Support: Any support, maintenance, or updates required after the post-launch warranty period will be billed separately or require the purchase of a designated maintenance package.

VII. Cancellations and Refunds

1. Website Plans & Custom Services: Once work has commenced, fees paid for Website Plans or Custom Services are non-refundable. If the Client cancels a project, the Client is responsible for paying for all work completed up to the point of cancellation, calculated at Briva’s standard hourly rate or the prorated plan fee, whichever is greater.
2. Digital Products (Templates/Designs): Due to the instant, digital nature of templates and designs, all sales are final and non-refundable.
3. Print Services: Orders canceled after file approval or production has begun are subject to fees covering materials, labor, and restocking costs incurred up to the point of cancellation.

VIII. Limitation of Liability

Briva is not responsible for any financial losses or damages incurred by the Client due to the use of any services, websites, or products, including, but not limited to, website downtime, security breaches, loss of data, or loss of business. Briva’s total liability for any and all claims arising out of or related to this Agreement shall be limited to the total fees paid by the Client for the specific service in question.

IX. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Texas.

X. Acknowledgment

By initiating the purchase of any Plan, Service, or Digital Product, the Client acknowledges that they have read, understood, and agreed to all the Terms and Conditions contained herein.