Terms and Conditions – Breidan Web Agency
Last Updated: August 12, 2025
These Terms and Conditions (“Terms”) govern the provision of web development, design, hosting, maintenance, and other related services (“Services”) by Breidan Web Agency (“we,” “us,” “our”) to you, the client (“you,” “your,” “the Client”).
This document, together with any Quote or Project Proposal we provide, forms the entire binding agreement (“Agreement”) between you and us. By accepting a Quote or paying an initial deposit, you confirm that you have read, understood, and agree to be bound by these Terms. For clarity, acceptance may be captured via a checkbox on our quote acceptance form.
1. Services and Scope of Work
The specific Services to be provided, including deliverables, timelines, and fees, will be detailed in a written quotation (“Quote”) sent to you. The Quote is an integral part of this Agreement. Any work not explicitly listed in the Quote is considered out of scope and will require a separate agreement and additional fees.
2. Payment Terms
A. One-Time Projects:
An upfront, non-refundable deposit of between 20% and 50% of the total project fee, as specified in your Quote, is required before any work begins.
The remaining balance is due upon the Client’s formal acceptance of the website as outlined in Section 5 (Review and Acceptance), prior to the final website handover and launch.
B. Recurring Services (e.g., Hosting, Maintenance):
Monthly fees for recurring services are due on the same day each month, corresponding to the date the service was initiated.
Payment for recurring services is to be made in advance for the upcoming service period.
C. Late Payments:
If a payment is not received by the due date, we reserve the right to immediately suspend all Services, including taking your website offline, without notice.
A reactivation fee may be charged to resume Services, at our sole discretion.
3. Refund Policy
The initial deposit paid to commence a project is non-refundable under any circumstances.
For the final payment on a one-time project, the Client may be eligible for a refund of up to 70% of that final payment amount, provided the following conditions are met:
The refund request is made in writing within seven (7) calendar days of the final payment being made.
The final delivered product demonstrably fails to meet the key specifications outlined in the Quote, and we are unable to rectify the issues within a reasonable timeframe after being notified.
The Client has not made use of the final delivered product (e.g., the website has not been launched or used for commercial purposes).
4. Client Responsibilities & Project Abandonment
A. Provision of Materials:
The Client is responsible for providing all necessary content, text, images, branding materials, and other assets (“Client Materials”) required for the project in a timely manner, unless our Quote explicitly states that we will create or source these materials.
B. Project Delays & Abandonment:
We rely on your feedback and content to complete the project. If a project is delayed for more than sixty (60) consecutive days due to the Client’s failure to provide necessary materials or feedback, we reserve the right to consider the project abandoned.
If we do not receive any communication from the Client for thirty (30) consecutive days, despite our attempts to make contact, we will consider the project abandoned.
In cases of abandonment, the Agreement will be terminated, all payments made will be forfeited, and a new deposit will be required to reopen the project, subject to our availability and discretion.
5. Review and Acceptance
Upon notification that the website is ready for review, the Client will have seven (7) calendar days to provide one consolidated list of minor revisions. If no feedback is provided within this period, the website will be deemed formally accepted. Formal acceptance triggers the final invoice.
6. Intellectual Property and Attribution
A. Client Ownership:
Upon receipt of full and final payment, we grant to the Client a worldwide, royalty-free, non-exclusive license to use the final website. The Client will own the intellectual property rights to the final, assembled website design and the specific visual elements we create for the project.
B. Attribution:
The Client agrees that we retain the right to include a discreet credit and link on all pages of the completed website, stating “Made by breidan.com” or similar.
This attribution credit must not be removed, edited, or hidden by the Client or any third party for the entire time the website is live. Removing this credit without our express prior written consent is a breach of this Agreement.
C. Our Intellectual Property:
We retain ownership of all original source files, pre-existing code, libraries, tools, and proprietary technology used to create the project.
D. Agency-Provided Hosting and Domains:
If we register a domain name or provide website hosting on behalf of the Client, these services are separate from the website design and are subject to recurring service fees.
Failure to pay for these recurring services will be considered a breach of payment terms and will result in the suspension or termination of the hosting and/or domain services, as per Section 2.C.
The Client may request to transfer their domain name to another provider at any time, provided their account is paid in full. We agree to facilitate such a transfer upon request.
7. Limitation of Liability and Disclaimer
A. Disclaimer of Warranties:
Upon final acceptance and handover of the website, we provide the Services and website on an “as is” basis. We make no warranties, express or implied, regarding the website’s performance, security, or fitness for a particular purpose.
B. Limitation of Liability:
Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Services during the term of the Agreement.
Post-Launch: Once the project is completed and the website is launched, we are not liable for any direct, indirect, incidental, or consequential damages. This includes, but is not limited to, any loss of profits, data loss, security breaches, hacking, malware infections, website downtime, or issues arising from third-party plugins, hosting services, or changes made to the website by the Client or any third party. The Client acknowledges their sole responsibility for the ongoing security and maintenance of the website unless a separate Maintenance Agreement is in place, and is advised to implement their own regular backup and security protocols to mitigate potential risks.
8. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
In the event of a dispute, the parties agree to first attempt to resolve it through good-faith negotiation. If a resolution is not reached within thirty (30) days, the dispute will be submitted to mediation before any litigation is pursued.
9. General Provisions
Entire Agreement: These Terms, together with the Quote, constitute the entire agreement between the parties and supersede all prior agreements.
Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Amendments: Any amendments to this Agreement must be made in writing and signed by both parties.
Changes to These Terms: We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated version on our website, and the “Last Updated” date will be revised. For ongoing projects, the Terms in effect at the time of the initial deposit will apply. For recurring services, changes will apply upon the next renewal period, and we will provide at least thirty (30) days’ notice of any material changes. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.