Terms of Service

By accessing our website at brandbongo.com, submitting an inquiry, signing a project agreement, or using any service provided by SEO Hermit LLC dba Brand Bongo, you agree to be bound by these Terms of Service and all applicable laws. If you do not agree with any part of these terms, you may not use our services. These Terms apply to all visitors, clients, and others who access or use our services.

• Custom website design and development: Brand Bongo creates bespoke websites tailored to each client's specifications. Project scope, deliverables, and timelines are confirmed in writing prior to commencement.
• Digital marketing consultation: SEO architecture, digital marketing strategy, and related services as agreed in individual project scopes.
• Ongoing maintenance & support: Post-launch hosting, maintenance, and unlimited small fixes as described in applicable care plan agreements.
• Third-party integrations: CRM connections, booking systems, payment gateways, and similar integrations as scoped per project. Brand Bongo is not responsible for third-party service outages or policy changes.

• How it works: Brand Bongo does not require payment before or during the design and development phase. You will only be invoiced once we have delivered a completed website and you have expressed satisfaction with the result.
• Satisfaction review: Upon delivery, you will receive a structured review period (typically 48–72 hours unless otherwise agreed in writing) to evaluate the completed website against your agreed brief.
• Revision rounds: The number of included revision rounds is specified in your project agreement. Requests that materially expand the original scope may be scoped and quoted separately.
• What constitutes satisfaction: If the delivered website materially conforms to the agreed project brief, approval is deemed given. We work collaboratively to resolve any reasonable concerns during the review period.
• Limits of the policy: This policy applies to the initial build. It does not extend to ongoing maintenance, care plans, or add-on services contracted separately. Changes to scope requested after project commencement may affect delivery.
• Abandonment: If a client becomes unresponsive for 14 or more calendar days during an active project after the design has been delivered for review, the project may be considered accepted and an invoice issued.

• Provide accurate, complete, and timely information, content, and materials required for project completion.
• Designate an authorized representative to participate in the review process and provide approvals.
• Ensure that any materials, content, logos, and images supplied to Brand Bongo are owned by you or properly licensed for use.
• Review and provide feedback on deliverables within agreed timelines. Delays caused by client non-responsiveness may affect delivery schedules.
• Maintain appropriate backups of your data, even where hosting is provided by Brand Bongo.

• Client ownership upon payment: Upon receipt of full payment, you own all original design and content elements created exclusively for your project.
• Brand Bongo retains: Rights to proprietary frameworks, reusable components, development tools, and methodologies used in delivery. These are licensed to you for use on your project, not assigned.
• Third-party assets: Licenses for stock images, fonts, icon sets, plugins, or other third-party materials used in your project are subject to the terms of those respective providers.
• Portfolio rights: Brand Bongo reserves the right to display completed work in our portfolio, case studies, and marketing materials unless you request otherwise in writing prior to project commencement.
• Client content: You retain full ownership of all content, copy, images, and materials you provide to us.

• Included hosting periods are as specified in your project agreement. Upon expiration, continued hosting requires an active care plan.
• Care plan pricing is subject to change with 30 days' written notice.
• Brand Bongo will make reasonable efforts to maintain uptime but does not guarantee 100% availability. Scheduled maintenance, third-party outages, and events beyond our control may cause temporary interruptions.
• Unlimited small fixes included in care plans are defined as: text and content updates, image swaps, minor layout adjustments, form modifications, link updates, and comparable minor changes. Larger feature additions or redesigns are scoped separately.
• Either party may cancel a month-to-month care plan with 30 days' written notice. Annual plans are non-refundable after the first 30 days.

• Invoices are issued electronically. Payment is due within the timeframe stated on the invoice unless otherwise agreed in writing.
• Overdue invoices accrue interest at 1.5% per month (18% per annum) or the maximum allowed by Arizona law, whichever is less.
• Brand Bongo reserves the right to suspend or terminate services for accounts more than 30 days past due.
• You are responsible for all applicable sales taxes, GST, or similar levies in your jurisdiction.
• Chargebacks initiated against valid invoices for services rendered will be contested and may result in additional fees and suspension of services.

Both parties agree to keep confidential any non-public business information disclosed in the course of the engagement, including pricing, project details, and proprietary methods. This obligation survives termination of the agreement for a period of two (2) years. It does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

To the fullest extent permitted by law, SEO Hermit LLC dba Brand Bongo's total liability to you for any claims arising out of or related to these Terms or our services shall not exceed the total fees paid by you for the specific project or service giving rise to the claim in the twelve (12) months preceding the event. We are not liable for indirect, incidental, consequential, punitive, or special damages, including lost profits, loss of data, or loss of goodwill, even if advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless SEO Hermit LLC dba Brand Bongo, its members, officers, employees, and contractors from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) your breach of these Terms; (b) content or materials you provided to us; (c) your violation of any third-party rights; or (d) your use of our services in violation of applicable law.

• Either party may terminate a project with 7 days' written notice. Upon termination, you are responsible for fees for work completed to that point.
• Brand Bongo may immediately terminate services for material breach of these Terms, non-payment, or conduct that is abusive, discriminatory, or harmful to our team.
• Upon termination, Brand Bongo will provide you with any completed deliverables for which payment has been received and retain all materials for which payment is outstanding until settlement.

These Terms are governed by the laws of the State of Arizona. Any dispute arising from these Terms or our services shall first be submitted to good-faith mediation. If mediation fails, disputes shall be resolved by binding arbitration in Maricopa County, Arizona, under the rules of the American Arbitration Association. You waive any right to a jury trial or class action with respect to any such dispute. Nothing in this section limits either party's right to seek injunctive relief for imminent harm.

Our services are provided on an "as is" and "as available" basis. Brand Bongo makes no warranty, express or implied, that our services will be uninterrupted, error-free, or achieve any specific business outcome. We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.

• Entire agreement: These Terms, together with any signed project agreement, constitute the entire agreement between you and Brand Bongo.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
• Force majeure: Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, pandemics, internet outages, or government actions.
• Modifications: We reserve the right to update these Terms. Continued use of our services after changes are posted constitutes acceptance.