Last Updated: March 18, 2018
Welcome to Brilliantek LLC. These Terms and Conditions (“Terms”) govern the relationship between Brilliantek (“the Company,” “we,” “us”) and the client (“Client,” “you”) regarding the delivery of consulting, training, web development, and marketing services.
- Scope of Work
We will provide services as outlined in your specific Statement of Work (SOW) or Service Agreement. Any changes to the original project scope after the start date may require a “Change Order” and could result in additional fees.
- Fees and Payment
- Payment Schedule: For project-based work (like web development), a non-refundable deposit of [e.g., 33%] is required before work begins.
- Invoicing: Final payment is due [e.g., 30 days] after project completion or as specified in the SOW.
- Late Fees: Payments not received within 30 days of the due date will incur a flat fee of $15 per month unless waived by an administrator of our company.
- Expenses: You agree to reimburse us for pre-approved out-of-pocket expenses (e.g., premium stock photos, third-party software licenses). This is often included in the cost of your project or explicitly stated I the SOW.
- Intellectual Property (IP)
- Our Tools: We retain ownership of any pre-existing code, methodologies, or “know-how” used during the project.
- Your Deliverables: Upon full payment, we grant you ownership of the final deliverables (e.g., your finished website code, custom graphics, etc.).
- Third-Party Assets: Licenses for third-party tools (like WordPress themes or stock images) are subject to their own respective terms.
- Client Responsibilities
To stay on schedule, we need your help. You agree to:
- Provide necessary access (hosting, social media logins, etc.).
- Provide content, images, and feedback within 5-7 business days of a request.
- Ensure all content provided to us does not infringe on any third-party copyrights.
- Training and Consulting
- Cancellations: Training sessions must be rescheduled at least [e.g., 24 hours] in advance. Late cancellations may be subject to a fee.
- No Guarantees: While we provide expert advice, we cannot guarantee specific business outcomes (e.g., “This training will double your sales”).
- Digital Marketing & SEO
Digital marketing is an “organic” process. We do not guarantee specific search engine rankings or “viral” success, as these are subject to third-party algorithm changes (Google, Meta, etc.) beyond our control. Our services will provide you with tools and resources to comply and asses whether such language or verbiage improves with time through common marketing strategies and tactics. Our services are billed for this continued effort.
- Limitation of Liability
To the maximum extent permitted by law, Brilliantek and it’s divisions shall not be liable for any indirect, incidental, or consequential damages (including loss of data or profits). Our total liability is limited to the amount paid by the Client for the specific service in question.
- Term and Termination
Either party may terminate the agreement with 30 days written notice. If you terminate early, you are responsible for paying for all work completed up to the termination date.
- Confidentiality
Both parties agree to keep “Confidential Information” (trade secrets, client lists, internal data) private and not disclose it to third parties without written consent.
- Governing Law
These Terms are governed by the laws of the State/Province of New York.
