Terms of Service

By accessing our website at brandbongo.com (including brandbongo.com/care), submitting an inquiry, signing a project agreement, enrolling in a Bongo Care plan, 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.
• Bongo Care plans: Post-launch hosting, monitoring, routine website updates, Build Credits, and optional growth support as described on our Bongo Care page and in your care plan confirmation.
• 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.

• Bongo Care is Brand Bongo's post-launch website care program for clients whose sites were built by us. Plan features, pricing, and marketing descriptions are published at brandbongo.com/care. By enrolling in or continuing a Bongo Care plan, you agree to these Terms and the plan tier you select.
• Bongo Care is offered in four tiers: Hosting, Updates, Pro, and Boost. Published pricing is month-to-month unless you choose annual billing. Prices are subject to change with 30 days' written notice before your next billing cycle.
• Because Brand Bongo sites are custom-built, keeping hosting and ongoing support with Brand Bongo is the standard path for reliable updates, monitoring, and domain management. If you move hosting elsewhere, routine updates, Build Credits, and included support under these plans may no longer apply.

• Every new Brand Bongo website build includes 90 days of Bongo Care Updates at no charge after launch, as described on our care page. This promotional period includes Hosting-tier features plus Updates-tier benefits such as unlimited routine updates and up to one (1) Build Credit per month during the free period.
• Build Credits do not bank during the free 90-day period. Banking of unused Build Credits begins when a paid Updates or Pro plan starts.
• Before the free period ends, we will help you choose a continuing plan. If you do not enroll in a paid plan, your site may be taken offline or moved to Hosting-only service only if agreed in writing—continued live hosting requires an active paid plan after any included project hosting period expires.
• The free 90-day offer applies to new website builds completed by Brand Bongo. It does not apply retroactively to third-party sites or projects delivered under separate agreements unless stated in writing.

• Month-to-month: All Bongo Care plans are available without a long-term contract. You may upgrade, downgrade, or cancel with written notice before your next billing date.
• Annual billing: You may pay annually for Hosting, Updates, or Pro and receive two (2) months free compared to twelve monthly payments (equivalent to ten months' price for twelve months of service). Annual fees are due in advance.
• Cancellation: Month-to-month plans end at the close of the current paid period if we receive timely written notice. Annual plans may be canceled; fees already paid are non-refundable except as stated in our Refund Policy or required by law.
• If your account is past due, we may suspend care work and, after notice, hosting or access-related services until payment is received.

• Routine updates (included on Updates and Pro, and during the free 90-day period) cover ongoing small changes to your existing site, such as: text edits, image swaps, button or link updates, menu edits, hours and contact info, team bios, testimonials, FAQs, simple layout cleanup, light copy tweaks, basic form or embed help, and comparable minor requests.
• Routine updates do not include full redesigns, ecommerce setup, booking or payment flows, membership areas, complex automations, advanced integrations, large multi-page projects, custom app functionality, or heavy SEO or AI visibility campaigns unless quoted under Boost or a separate agreement.
• Build Credits (Updates: 1 per month; Pro: 3 per month) cover one reasonably scoped improvement using your site's existing style and tools—such as a new blog post, service page, homepage section, page refresh, gallery update, simple campaign page, or similar.
• Unused Build Credits on paid Updates or Pro plans may be banked for up to three (3) months and combined for a larger request. Banked credits expire when a plan is canceled, paused, or downgraded below a tier that includes Build Credits.
• Work that exceeds reasonable scope for a single credit, or requires new systems or major custom development, will be quoted separately before work begins.

• Bongo Boost is a custom growth and improvement engagement starting at published list pricing. Scope, deliverables, timeline, and fees are defined in a written proposal before work begins. Boost is not a self-serve unlimited-update plan.
• Requests outside your active plan—such as major new features, campaigns, content programs, SEO or AI visibility initiatives, or large integrations—may be performed under Boost, a separate fixed-fee quote, or a new project agreement.

• Hosting includes secure hosting for normal small-business website traffic, site monitoring, monthly health reporting, and domain connection assistance as described for your plan tier.
• We target a 24-hour response time on business days for care requests; urgent outages are prioritized. Response times are goals, not guaranteed service-level agreements unless expressly agreed in a signed SLA.
• We use reasonable efforts to maintain uptime but do not guarantee 100% availability. Scheduled maintenance, platform updates, third-party outages, and events beyond our control may cause brief interruptions.
• You remain responsible for backups of business-critical content where applicable, even when we host your site.

• 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.