Terms & Conditions

FreshBrain, Inc. does not warrant any third party software used in development. FreshBrain, Inc. will only warrant custom code created by FreshBrain in the development process in the event that third party software is used. FreshBrain, Inc. will not be held responsible for changes made after the project is completed due to additional plug-ins, development or upgrades to the third party software used.

FreshBrain, Inc. uses the latest standards and applications of HTML, CSS and related programming as established by the World Wide Web Consortium (W3C). The code used to create web sites by FreshBrain is designed to work with all current versions of popular browsers and devices. Due to continuous changes in the type and complexity of HTML code standards, there is no expectation of proper display or functionality on all versions of older or antiquated browsers or systems. FreshBrain, Inc. designs sites to work for the vast majority of all internet users.

You (hereafter referred to as CLIENT), represent and warrant to FreshBrain that you will provide FreshBrain materials as required in a professional, competent and timely manner; that you have the power to enter into this Agreement on behalf of CLIENT; and that its performance of this contract shall not infringe upon or violate the rights of any third party or
violate any federal, state, or municipal laws.

FreshBrain, Inc. reserves the right to assign subcontractors to this project under certain circumstances in order to ensure the right fit for the project as well as timely completion. FreshBrain, Inc. assumes full responsibility for the final results of the project.

CLIENT represents to FreshBrain, Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to FreshBrain, Inc. for inclusion in print or web pages are owned by the CLIENT or that the CLIENT has express permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend FreshBrain and its contractors from any claim or suit arising from the use of such elements furnished by CLIENT.

FreshBrain, Inc. represents to CLIENT and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork used for inclusion in print or web pages are owned by the FreshBrain or that the FreshBrain, Inc. has express permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend CLIENT from any claim or suit arising from the use of such elements furnished by FreshBrain, Inc.

FreshBrain, Inc. will provide creative assets to be reviewed at a scheduled meeting (1-2 hours as necessary) during which final website layout and organization will be determined for development. Once that information has been finalized, additional meeting time, research, strategy and other discussions will be considered as part of the working project and billed at our regular hourly rate.

The estimate provided was based only on the information which had been provided to FreshBrain, and actual costs may vary if the scope of the project changes during development (“scope creep”). A reasonable degree of client tweaks and changes (+/-10%) are expected and included. Additional work requested by CLIENT beyond the scope of the estimate furnished can be pre-estimated as it occurs. FreshBrain will notify the client if in our opinion the scope of the job as originally estimated has changed, and will inform the client of the possibility of additional charges.

FreshBrain, Inc. will make every effort to work with CLIENT on all aspects of the implementation and to keep the project timely and within the budget which has been determined. If the job stalls or bogs down for 30 days or more, by reason of the client not furnishing the necessary materials or approvals, we reserve the right to bill and collect for any work performed to that date.
Upon payment in full, the CLIENT will retain full ownership of the designs, web pages and any images or source materials used in the creation of the site. If proprietary or third-party software is used, the CLIENT will abide by the ownership conditions related to that software or application. If proprietary commerce or other specialized software is created by FreshBrain, that software will be designated for use on this project only and cannot be sold, transferred, given or otherwise compromised to any other site location.

Any estimate furnished will be valid for a period of (90) days from the date of the estimate submission. After 90 days have elapsed, FreshBrain reserves the right to further approve or alter the original estimate before proceeding with the project.