Acceptance of Terms: By engaging with Bright & Epic USA Inc. and Creative Gulf Coast (DBA) (“Company”) for web design, creative services and hosting services, you (“Client”) agree to the following terms and conditions (“Terms”) which shall constitute a legally binding agreement between Client and Company.
Scope of Services: Company shall provide web design and hosting services to Client as agreed upon in writing or as outlined in a separate contract or proposal. Company shall make commercially reasonable efforts to meet the agreed-upon project timelines and deliverables. Any changes or additions to the scope of services must be agreed upon in writing by both parties.
Client Responsibilities: Client shall provide all necessary materials, content, and information in a timely manner as required for the project. Client shall also provide access to relevant accounts, hosting, and domain credentials as needed. Client acknowledges that once granted admin access to the website or hosting account, they are fully responsible for any changes, issues, or damages that may occur during editing. Client shall also be solely responsible for ensuring the accuracy, legality, and compliance of all content provided to Company.
Hosting and Code: Company shall provide hosting services as agreed upon in writing or as outlined in a separate hosting agreement. Client acknowledges that Company is not responsible for any issues related to the code or hosting itself, including but not limited to, security breaches, data loss, server downtime, or performance issues. Client shall not attempt to modify, reverse engineer, or tamper with any code, databases, or hosting configurations provided by Company.
Intellectual Property: Company retains all intellectual property rights, including but not limited to, copyrights, trademarks, and proprietary information, related to the design, development, and hosting of the website or any other deliverables. Client shall not use, reproduce, modify, or distribute any intellectual property of Company without prior written consent.
Payment and Billing: Client shall pay Company the agreed-upon fees for the web design and hosting services as outlined in the contract or proposal. Payment terms, including deposits, milestones, and final payments, shall be mutually agreed upon in writing. Any additional expenses incurred by Company on behalf of Client shall be reimbursed by Client. Company reserves the right to suspend or terminate services for non-payment or breach of contract.
Confidentiality: Both parties agree to keep any confidential information, including but not limited to, business strategies, trade secrets, and proprietary information, received from each other confidential and not disclose it to third parties, except as required by law.
Limitation of Liability: Company’s liability for any claim, damages, or losses arising out of or related to the web design and hosting services shall be limited to the total amount paid by Client for the services provided by Company. Company shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to, lost profits or business interruption.
Termination: Either party may terminate the agreement for any important reason upon written notice to the other party. Termination shall not relieve Client’s obligation to pay for the services rendered or expenses incurred by Company prior to termination.
Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law principles. Any dispute arising out of or relating to these Terms shall be exclusively resolved by the courts located in Pasco County, Florida.
Entire Agreement: These Terms constitute the entire agreement between Client and Company and supersede all prior or contemporaneous understandings, agreements, or communications, whether oral or written, with respect to the subject matter hereof. Any changes to these Terms must be in writing and signed by both parties.
Indemnification: Client agrees to indemnify, defend, and hold harmless Company and its employees, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, expenses, or costs, including reasonable attorneys’ fees, arising out of or related to Client’s use of the website, hosting services, or any content provided by Client, including but not limited to, any claims of infringement, defamation, or violation of intellectual property rights.
Force Majeure: Company shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to, acts of God, natural disasters, fires, floods, wars, terrorism, labor disputes, government actions, or any other event beyond the reasonable control of Company.
Non-Assignment: Client may not assign or transfer any rights or obligations under these Terms without prior written consent from Company. Any attempted assignment or transfer without such consent shall be void.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Waiver: The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right to enforce it in the future.
Relationship of Parties: The relationship between Client and Company is that of independent contractors. Nothing in these Terms shall create or imply any agency, partnership, joint venture, or employment relationship between the parties.
Notices: Any notices required or permitted under these Terms shall be in writing and delivered personally, by certified mail, or by electronic means to the addresses provided by the parties. Notice shall be deemed given on the date of delivery if delivered personally or by certified mail, or on the date of receipt if sent by electronic means.
Survival: Sections 5 (Intellectual Property), 7 (Confidentiality), 8 (Limitation of Liability), 12 (Indemnification), and 14 (Non-Assignment) shall survive the termination or expiration of these Terms.
Amendments: These Terms may only be amended or modified in writing and signed by both parties.
By engaging with Company for web design and hosting services, Client
acknowledges and agrees to all the above Terms and Conditions.
Updated: 2022 – 11 – 02