Terms of Service
Last Updated: April 13, 2025
These Terms of Service ("Terms") govern all services provided by BrandMatter ("Provider"), including but not limited to website design, branding, hosting, and related creative services. By engaging BrandMatter, the Client agrees to these Terms in full.
1. Scope of Services
BrandMatter offers the following services:
Web Design & Development using WordPress and Elementor
Visual Branding, including logos, typography, and visual identity assets
Hosting and Domain Management through Spacebar Digital Solutions
CRM Configuration & Light Automation using tools such as GoHighLevel (if scoped)
Excluded Services: Unless expressly outlined in the project scope, the following are not included:
Search Engine Optimization (SEO)
Copywriting or content strategy
Digital advertising or media buying
Ongoing marketing strategy or consulting
Legal compliance verification
Additional services may be provided if mutually agreed upon in writing and may incur additional charges.
2. Project Workflow & Client Responsibilities
Each project follows a structured workflow:
Discovery & Planning
Design & Development (under a Coming Soon page)
Client Feedback & Revisions
Final Delivery & Launch
Client agrees to:
Provide timely feedback and content necessary to complete the project
Supply access to relevant accounts (e.g., hosting, domains) when needed
Respond to communication within five business days to avoid project delays
3. Payment Terms
All projects require a 50% deposit upfront, with the remaining balance due prior to launch. No project will be launched or considered complete until payment is received in full.
Payments are non-refundable once work has begun
Invoices not paid within 7 days of the due date may incur a 5% late fee
BrandMatter reserves the right to pause any work due to non-payment
Kill Fee: If the Client cancels the project prematurely, BrandMatter reserves the right to invoice for time spent to date with a minimum kill fee of 50% of the total project cost.
Accepted payment methods include ACH, credit/debit cards, or other approved digital payment options.
4. Revisions and Scope Adjustments
Revisions are treated case-by-case. Excessive revisions or new requests outside the agreed scope may be billed at $100/hour. BrandMatter will notify the Client prior to incurring any such charges.
A revision refers to a change requested within the originally approved concept.
A scope change involves new features, pages, or strategic direction.
All scope changes must be quoted and approved in writing.
5. Ownership and Usage Rights
Upon receipt of final payment:
The Client owns all final deliverables created as part of the approved scope
Source files (e.g., .AI, .PSD, or layered design files) may be shared upon request but remain the intellectual property of BrandMatter unless otherwise agreed
Fonts, stock photos, or third-party assets are licensed to the Client but must follow their respective licensing agreements
BrandMatter retains the right to showcase completed work for promotional purposes. A small footer credit ("Website by BrandMatter") will be included on all live sites unless removal is approved in writing.
6. Launch & Post-Launch Policy
Sites are developed behind a Coming Soon page and launched only after full payment is received.
After launch, BrandMatter provides a 5-day post-launch support window for resolving issues such as broken links, formatting errors, or display inconsistencies. Any additional support, changes, or training beyond this window may be billed at the standard hourly rate.
If the Client declines ongoing support or hosting, the responsibility for maintenance and updates transfers fully to the Client upon project handoff.
7. Warranties and Limitations
BrandMatter makes no guarantees regarding site performance, traffic, or lead generation. While best practices are followed, factors outside BrandMatter’s control may impact results (e.g., search engine algorithms, third-party services).
Compatibility is ensured for modern versions of Chrome, Firefox, Safari, and Edge
BrandMatter is not responsible for plugin conflicts, browser rendering issues, or downtime caused by hosting providers
It is the Client’s responsibility to back up data unless a support plan includes backup services
8. Termination & Refunds
Either party may terminate the agreement with written notice. If terminated:
The Client agrees to pay for work completed up to that point
No refunds will be issued for completed milestones or paid deposits
Incomplete deliverables will not be transferred unless payment is made in full. BrandMatter reserves the right to retain and reuse unused concepts, mockups, or unfinished designs.
9. Legal & Confidentiality
These Terms are governed by the laws of the State of Alabama.
Any confidential information shared during the course of the project will remain confidential. Neither party may disclose confidential materials without written permission unless required by law.
10. Agreement
By engaging BrandMatter, the Client acknowledges that they have read, understood, and agreed to these Terms of Service.
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