Terms of Service (ToS)
These Terms of Service govern the contractual relationship between Bright Web Services and any individual or legal entity soliciting our services, including web design, SEO, maintenance, and training.
By accessing our website or ordering any of our services, the Client acknowledges that they have read, understood, and unreservedly accepted the entirety of these ToS.
Article 1. Scope of Services
The Agency offers the following services:
Web Design and Development: Creation of custom websites, redesigns, web application development, and platform integration.
SEO (Search Engine Optimization): Audit, strategy, and implementation of optimization for search engines.
Maintenance and Technical Support: Recurring services for updating, securing, and providing technical support for websites.
Web Development Training: Learning sessions and coaching on web technologies.
The detailed specifications, timeline, deliverables, and price of each service are defined in a specific Quotation or Service Agreement accepted and signed by the Client (hereinafter the "Specific Agreement").
Article 2. Ordering, Quotes, and Payment Terms
2.1 Ordering Process
The Client submits a service request, to which the Agency responds with a free Quotation. The order is firm and definite upon:
The Client's express and unreserved acceptance of the Quotation.
The Client's payment of a predefined deposit unless otherwise stipulated in the Specific Agreement.
2.2 Payment Methods
Payments can be made by Debit or Credit Card, PayPal.
The remaining balance is due upon the final delivery of the project or according to the milestones defined in the Specific Agreement (e.g., interim payments upon milestone validation).
2.3 Late Payments
In case of late payment, the Agency reserves the right to immediately suspend ongoing services and apply late payment penalties in accordance with applicable law. The Agency may also suspend access to the website or training until the full payment of the outstanding amount.
2.4 No-Refund Policy
Payments, including the deposit, are generally non-refundable. Any deposit paid covers the initial costs incurred by the Agency to start the project (analysis, research, resource reservation). Refund exceptions will only be valid if expressly stipulated in writing in the Specific Agreement.
Article 3. Timelines and Validation Milestones
3.1 Timelines
The delivery times specified in the Specific Agreement are indicative and depend notably on the cooperation and responsiveness of the Client.
3.2 Validation Process
The design and execution of the project proceed through validation stages. The Client's silence for 5 business days following the submission of a work stage is considered tacit validation of that stage. Any request for modification subsequent to a validated stage may be subject to additional invoicing.
3.3 Warranty
The Agency grants a warranty period of 7 days from final delivery, covering bugs or functional errors directly attributable to the code developed by the Agency, and not to third-party services or modifications made by the Client.
Article 4. Intellectual Property and Usage Rights
4.1 Client Ownership
Upon full payment of the price, the intellectual property (copyright and proprietary rights) over the final web product (source code, specific graphic design, custom-created content) is transferred to the Client.
4.2 Agency Ownership
The Agency retains the intellectual property of its methodologies, internal development tools, generic code libraries, non-customized plugins, and all creative elements not explicitly created for the Client. The Client benefits from a non-exclusive, non-transferable license to use these elements strictly within the context of the delivered website.
4.3 Portfolio Right
The Agency reserves the right to use the completed work (screenshots, visuals, mock-ups, etc.) for promotional and portfolio purposes (on its website, in its marketing communications), unless the Client requests otherwise in writing, prior to the signing of the Specific Agreement.
Article 5. Client Responsibilities
5.1 Provided Content
The Client is solely responsible for the accuracy, legality, and relevance of all content (texts, images, logos, videos, data, etc.) they provide to the Agency for the project.
The Client warrants that this content is free of rights and does not violate any law, regulation, intellectual property right, or third-party right. The Client shall hold the Agency harmless and indemnify the Agency against all costs and legal consequences arising from any claim or lawsuit related to the content provided by the Client.
5.2 Collaboration
The Client agrees to actively collaborate with the Agency by providing all necessary information, access, and validations in a timely manner.
Article 6. Third-Party Services and Limitation of Liability
6.1 Third-Party Services
The execution of certain services relies on external technologies or services (hosting, domain names, payment providers, plugins, integrations, etc.). The Agency cannot be held responsible for interruptions, errors, vulnerabilities, or problems caused by the failure or evolution of these external services.
6.2 General Limitation of Liability
The Agency commits to using all necessary means to ensure the quality and proper functioning of the services. However, the Agency cannot guarantee uninterrupted availability, absolute performance, or the total absence of errors or bugs.
The Agency's liability shall, in any event, be limited to direct and foreseeable damages resulting from its proven failures, excluding indirect damages such as loss of profits, loss of clientele, or data loss. The maximum amount of the Agency's liability shall not exceed the sums actually paid by the Client for the service in question.
6.3 Specific SEO Liability
The Agency commits to implementing the best SEO optimization practices. However, given the constant evolution of search engine algorithms (Google, etc.), the Agency cannot guarantee a specific ranking or traffic results. The Client acknowledges that SEO is an ongoing effort with no guarantee of immediate results.
Article 7. Maintenance and Support
Maintenance and support services are provided under a separate and specific Maintenance Agreement. This agreement defines the scope of services (updates, monitoring, bug fixes), the Service Level Agreement (SLA), billing frequencies, and termination conditions.
Article 8. Confidentiality and Data Protection
The Agency commits to treating the Client's information and data as confidential. The Agency's policy regarding the collection and use of personal data is detailed in the Privacy Policy available on our website.
Article 9. Contact and Disputes
For any questions, complaints, or to exercise their rights under these ToS, the Client must contact the Agency using the "Contact Us" form on the website. The Agency commits to responding within a reasonable timeframe.
Article 10. Updates to the Terms
The Agency reserves the right to update or modify these ToS at any time. Modifications will take effect upon their publication on the website. Users are advised to consult this page regularly. For ongoing contracts, the applicable ToS are those in force on the date the Specific Agreement was signed, unless a modification is mandated by law or regulation.