These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with Digital Dispatch website (the “Service”) operated by Digital Dispatch; a subsidiary of Brumleve Brands, LLC. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service and Products.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company, or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.
Marketing & Consulting Services
The concept of growth marketing works in three phases: researching the target audience, building content around those audiences, and tracking conversions. In order to craft your plan, we need to deeply understand your business and build out visitor profiles in order to create content around those personas. If you’re not already a web design client, an onboarding fee may be required to ensure we understand your business inside and out
Based on the research in your target market and search analytics, we have the ability to create a content plan to help achieve your business goals.
The strategy for these services include but are not limited to:
- SEO (search engine optimization) research for low-hanging fruit opportunities.
- A quarterly content plan with suggested weekly posts.
- Content optimization for headlines, length, publishing, and SEO
- Video strategy, production and editing.
- Podcasting/Audio strategy, production, and editing.
Distribution is key for any piece of content created. After your content is live, you have the option for a variety of distribution strategies:
- Social media sites to include Facebook, LinkedIn, Twitter, Instagram, YouTube and Pinterest.
- Email marketing campaigns to target segments in your industry.
- PPC ad campaigns through Google, YouTube, Linkedin, Facebook, and Instagram.
Based on our discussions with you, our team will develop a suggested quarterly content calendar + distribution strategy across your channels.
Regardless if we handle the creation and/or distribution of your content, it is recommended that you place an internal staff member in charge of monitoring your various distribution channels and campaigns. This person would be responsible for replying to comments, answering questions/messages, and any other customer service-related activities. We do not provide this as a service.
While we provide insight into each of these platforms, should you want us to handle creating content and the distribution of that content, we will quote that separately based on your unique needs. Our team won’t publish anything outside of a predetermined content calendar however we are happy to consult on growth marketing strategies you can utilize in the future that may fall outside of our suggestions.
Analytics & Reporting
We cannot guarantee any improvement to a search engine ranking, nor can we promise to get a site higher up or to the ‘top of Google’ but we build every site and article in a way that is accessible to search engines in an effort to increase its chances.
In addition to growth marketing plans, our team can also integrate Google Analytics + other visitor tracking tools which give us insight into your web traffic but also adheres to industry privacy standards. Using these various data points, we can see what’s performing well, what needs improvement, and more. Based on your project preference, these reports can be sent on a weekly, monthly, or quarterly basis.
If you desire a more personalized approach, we have options to upgrade to a more detailed analysis that includes a variety of data points and strategy calls to review our findings—which can be provided in a separate project quote.
Web Design + Development Services
We create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. Unless this is categorized as a “rush project” you’ll have plenty of opportunities to review our work and provide feedback.
If at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.
Along with the creation of your predetermined pages, we make sure every website we build is mobile responsive and has the capability to grow as your business grows. All of our sites also include setup or integration of Google Analytics, Google Search Console, and technical SEO capabilities. Should you want advanced analytics tracking or help with SEO implementation + strategy, we’re happy to provide a separate quote for those services.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using.
We test our designs in Apple’s Safari iOS and Google’s Chrome browser on iOS and Android.
We won’t test in Blackberry, Opera Mini/Mobile, older Android devices, Windows, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
Changes and revisions
We don’t want to limit your ability to change your mind on any of our projects however certain limitations are needed. All of our custom service packages are allowed an unlimited amount of changes until you’re satisfied with the outcome. This is unique to our company as we believe it's our job to build the solution needed to obtain your project goals.
If you want to change your mind or add anything new outside of the outlined project deliverables, that won’t be a problem as we’ll provide a separate estimate for those additional items that fall outside of the original scope of work.
We require a timely response within 10 business days for all feedback requests. Should you take longer than a calendar month to respond, we reserve the right to charge a ‘Pause Clause Fee’ to restart your project. Because our business must keep moving, updated milestones will be based on the new availability made known when the project restarts.
You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up your site on our server with a monthly services plan.
Unless agreed separately, the updates and management of any site/project not on our server will be up to you.
If you’re on a current hosting plan with us, most support requests are handled within 72 business hours. If you’re not a current hosting plan customer, we try to get to most requests as quickly as possible with response times dependent on current demand.
Business hours are defined as Monday through Friday, 9 am eastern standard time until 4 pm eastern standard time. The U.S. and major international holidays are also recognized as non-working hours.
Website Hosting & Maintenance
Hosting a website works a lot like online file storage. Provided you stay within a certain file size radius, your hosting costs will remain the same throughout the year. Included in each hosting plan are an SSL certificate, CDN, security monitoring, backup storage, and near 100-percent uptime promise.
Should you ever become dissatisfied with our service, you have the ability to cancel any time provided we have 30-days notice. The 30-day notice provides us with ample time to create backups of your site and deliver your files before the 30-day expiration date. After the 30-day expiration date, we reserve the right to remove all website files from our server.
Please note there may be additional 3rd party licenses you will have to secure independently in order for your website to properly function with a new provider. However, we will do our best to provide that information on where to secure those licenses during the file handover process.
Without regular updates to your website, it could pose a security threat to your company and its visitors. Therefore, with any WordPress website on our hosting platform, monthly maintenance is required to themes, plugins, custom features, and applications.
This maintenance can be scheduled manually for off-peak hours to avoid any potential downtime during operating hours and is included in your hosting bill.
Even with regular maintenance, websites can experience glitches that require additional support. While this happens occasionally, we include support requests per month that cover minor issues and requests. If any of these take longer than an hour to solve, you’ll be billed on an hourly basis and invoiced separately at the end of the month.
Any large issues will always be communicated to you with proper notice; unless it’s an emergency that requires immediate attention or other arrangements are made. All support and design requests are usually responded to within five business days but if the issue requires more time, we’ll be sure to let you know.
To see a detailed breakdown of your Service, please refer to your personalized account on the website using your provided login information.
Graphics and photographs
Whether you’re purchasing a Marketing Services or Website Design+Development package, image sources and graphics for your project are your responsibility to provide.
You should supply graphic files in an editable, vector digital format or PNG format with transparent background. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. Alternatively, there are websites with media libraries to select free images and graphics from.
Should you want us to source images for you we can provide a separate quote for that.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the number of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
We also understand that sometimes relationships start off with the best of intentions but might not go as planned. So if either party, for any reason, decides this working relationship isn’t in their best interest, either side can choose to terminate this contract with a 30-day notice.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Intellectual property rights
Just to be clear, “Intellectual Property Rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
- You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specifications, and data you provided, unless someone else owns them.
- We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles, and in books.
Payments, Subscriptions, and Refunds
All subscription plans include a 14-day satisfaction guarantee. After 14 days, no refunds will be issued. Furthermore, Brumleve Brands does not offer prorated refunds for canceled subscriptions. All subscriptions are recurring and will automatically renew after the end of each paid subscription period. This includes both month-to-month and annual plans.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
For website hosting subscriptions, please see the dedicated section in these Terms.
Brumleve Brands, LLC, in its sole discretion and at any time, may modify the subscription fees for the subscriptions. Any subscription fee change will become effective at the end of the then-current billing cycle. Brumleve Brands, LLC will provide you with a reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
User shall pay for all subscription fees, and hereby authorizes Brumleve Brands, LLC (and its payment processors) to debit User’s bank account or charge User’s credit card, as stated on User’s subscription and billing page. User agrees that all subscriptions are recurring and will renew automatically. We do not send reminders prior to a subscription renewal, it is up to the user to be responsible for their billing cycle dates.
User acknowledges that all subscription fees are charged automatically on a recurring basis until the User cancels their subscription (both month-to-month and annual plans). Users may cancel their subscription by logging into their Account and clicking “My Subscriptions” then choosing “Manage My Subscriptions”, and selecting “Downgrade” option under Subscription Details. A confirmation email receipt will be sent to you with the expiration date of the subscription. You can learn how to cancel or downgrade your account here. Once your account has been downgraded, you will have access until the end of your billing cycle. Please keep in mind that you are solely responsible for properly canceling your account. You must contact support before or on the payment due date. However, you can also contact support if you are having difficulty or need any assistance to cancel/ downgrade.
If you exceed your plan’s limits on any feature in any given month, you will be prompted to upgrade to the next level plan for the remainder of your subscription period. If you upgrade your plan level, you will be charged for the increased price of the upgraded plan immediately (it will not be prorated).
All subscriptions include a 14-day satisfaction guarantee if you have a problem with setting up or using our tool or purchase, we’ll help you solve it. If you have any questions about the product and what it contains, please message us before making your purchase.
Please note – before a refund is granted, you must allow us to try and help solve any problem you have by opening a ticket or emailing our support team (he[email protected]). Our knowledgeable support team is here to assist you and ensure you are satisfied. The feedback is invaluable to us and we are here to help you and set you up for success as much as possible.
There is no obligation to provide a refund in the following situations:
- You have not had a chance to use the product within the refund period
- You are requesting a refund due to financial situation/ goodwill
- You do not have sufficient expertise to use the product
After 14 days, we do not offer prorated refunds for canceled subscriptions. There will be no refunds or credits for partial months of service, upgrade/ downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All subscriptions, both month-to-month and annual plans, are recurring and will automatically renew after the end of each paid subscription period.
Project Payment Schedule
We’re sure you understand how important it is for a small business that you pay the electronic invoices we send you promptly.
Unless otherwise agreed upon, all invoices are automatically billed through our payment processing platform (Stripe) with your choice of a credit card kept on file in a secure environment.
You agree to pay all charges associated with the appropriate payment details printed on our electronic invoice. If your project payments remain delinquent for 45 days or more, it can result in taking your website or project offline until payment is fully satisfied.
But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of U.S. courts.
Disclaimer And Non-Waiver of Rights
Brumleve Brands, LLC. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. Brumleve Brands, LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. If you breach any of these Terms and Brumleve Brands, LLC chooses not to immediately act, or chooses not to act at all, Brumleve Brands, LLC will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Brumleve Brands, LLC does not waive any of its rights. Brumleve Brands, LLC shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.