Brixwork Terms and Conditions

//Brixwork Terms and Conditions
Brixwork Terms and Conditions 2017-08-08T19:39:54+00:00
TERMS AND PARTIES
  1. “The Agency” refers to Brixwork Real Estate Marketing Inc., the creators of BRIXWORK {real estate}.
  2. “The Client” refers to the Real Estate Agent, or the Real Estate Brokerage, or a 3rd Party Web Designer who is willingly subscribing to use BRIXWORK {real estate} for a pre-determined monthly fee.
  3. “Our Website” refers to the website visible under www.brixwork.com, our product display & advertising website.
  4. “Client’s Domain(s)” refers to a URL that belongs to the Client, such as www.jamesbond.com or www.judydench.ca, and remains the sole property of the Client unless otherwise specified in each individual contract.
  5. “The Client’s Website” refers to each installation of a website portraying the Client as the main business operator, utilizing BRIXWORK {real estate} as the operating platform. This is found on the world wide web by entering the Client’s Domain(s) mentioned above.
  6. “The Client’s Content” refers to the text, including but not limited to, the biography, property description, resource links, blog posts, pictures etc. written and uploaded by The Client, or by The Agency acting as a proxy for The Client.
  7. “The Software” refers to BRIXWORK {real estate} as a package, including the code, graphics, content and the instructions, the web-based software offered on a subscription basis (except the 3rd party code libraries that are distrubuted under a General Public License utilized as part of BRIXWORK {real estate}). This basically refers to everything stored under the /admin directory of any website installation.
  8. “The Design” refers to the graphical elements that determine the shape, colour, layout and form of how the front-end of a Client Website is displayed, all included in the /templates folder only. This does not include the BRIXWORK software and system files, mainly located under /admin, /includes, /ajax and other folders.
  9. “3rd Party Designer” refers to a graphic designer producing the intended visual designs for The Client, but has no direct relationship with The Agency, nor any financial responsibilities with the Agency.
  10. “The Server” refers to the web server belonging to Sonika Studios Inc. on which BRIXWORK {real estate} operated websites are hosted so they can be viewed through each Client’s domain.
  11. “Subscription” means a right to access and utilize The Software granted to The Client by The Agency upon an agreed monthly sum paid regularly.
OWNERSHIP AND ACCESS
  1. The Software, including but not limited to the source code (except 3rd party plug-in source code distributed under the General User License, such as jQuery), the graphics (except icons and other artwork distributed by 3rd parties), the instructions remain the exclusive intellectual property of the Agency.
  2. The Client may only obtain monthly Subscription via monthly payments of a pre-determined amount, charged once a month, before the monthly service cycle. i.e. For a usage period of January 16 to February 15th, the billing occurs on January 16th.
  3. The Subscription cost, paid monthly, must be paid by pre-authorized credit card. The date of the payment each month varies depending on the date on which The Client’s Website goes live.
  4. The monthly Subscription cost is effective on the day when all deliverables are completed by the Agent.
  5. When The Client’s credit card number or expiry date changes, the payment may be declined. If a new credit card number is not provided via the payment gateway, email, nor phone within 30 days, the Client’s Website will be suspended from usage. After another 15 days without a new credit card information, the Agency will terminate The Client’s Website.
  6. The Client may stop The Subscription at any given time with an email notice via the Support Desk. The subsequent billing scheduled will be cancelled.
  7. Due to limited resources, we do not offer pro-rated refunds on remaining balances.
  8. When The Client no longer wishes to pay the agreed monthly cost for The Subscription, The Subscription also expires which limits access by The Client to The Client Website.
  9. The Agency provides upgrades and bug fixes on the Software on a regular basis.
  10. Furthermore, the Agency reserves the right to change the user interface and functionality of the Software. We conduct our upgrades and modifications in the best interest of The Client, web standards, load speed, accessibility and user friendliness.
  11. New feature requests for The Software are taken seriously, but we cannot guarantee that we will implement all new features, or how long it may take. We do our best though.
  12. Every visible page on the Client’s website will display, at the bottom of the website, a disclaimer that the Website is built by the Agency. The phrase will be “Website by Brixwork Real Estate Marketing Inc.” or similar, unless agreed upon otherwise. This block of text and link will be in plain text, matching the font scheme of the rest of the disclaimers and ownership notes at the footer, with no graphic or emblems in order to remain relatively low in visibility.
  13. The Subscription monthly cost MAY increase, but no more than by a margin of 5% per year. We will do our best to keep the costs same for as long as possible. But inflation is a real force in our economy, and we need to cope with that once in a while.
FUNCTIONALITY AND UPTIME
  1. While we make efforts to reduce any disruptions to our services or downtime, no service can be guaranteed 100%.
  2. Our websites, like many others, operate dependent on our own network as well as many external party services.
  3. Some external party widgets from other providers including but not limited to Instagram™, Facebook™, Walkscore™ etc. may become deactivated, or have temporary disruption, and is out of our control.
  4. In the event that external providers impose changes to their technological structure, implementation methods, or billing & licensing structures, our websites may no longer be able to support such widgets. Brixwork is not responsible for any loss of functionality or removal of widgets/visuals that result from a change from a external party provider.
  5. Any additional labour or recurring subscription fee that is required to upkeep such external party widgets/functionalities/visuals
WHEN THE AGENCY PROVIDES CUSTOM DESIGN, BRANDING & STATIONERY WORK

If The Agency is contracted to provide The Client with custom design work, including but not limited to, the website visual design, branding & logo design, stationary design & print management, these terms apply.

  1. The design and its files remain the property of The Agency until full payment of the funds agreed upon is paid to The Agency by The Client.
  2. The design parameters, items to be designed, and the amount of hours reserved will be determined by a private contract between The Agency and The Client.
  3. The Client is responsible for timely responses for deliverables including layout, design & final product. When a deliverable is presented by the Agency, the client has 5 business days to approve, or request changes to the deliverables via written notice, within the parameters of the agreed upon contract. If no response is provided in 5 business days, the deliverable is deemed as approved and the project will move forward.
  4. Any deliverable approved by the client by way of written notice or lack of notice after 5 business days is deemed completed, and to revert or change the deliverable after the approval will incur extra charges, billed by the hour at the current hourly rate. The hourly rate is subject to change, and will be communicated at the bottom of all emails.
  5. In case of The Subscription for The Software being terminated by The Client, the Agency can  surrender to the client all website visual design and surface layout files upon request by the customer, EXCLUDING the core files of The Software.

 

ADDITIONAL DESIGN AND LABOUR, INCIDENTAL COSTS, PRINTING COSTS, SHIPPING COSTS AND MORE

We provide additional graphic design, print media design, digital media design exclusively to our website subscribers. The following terms apply to additional work commissioned to the Agency by the Client that is outside of the scope of any existing proposals/contracts/agreements.

  1. All additional design, coding, consulting or content entry labour is billable. Exclusion applies only to website tech support such as providing instructions on using the software, or errors and glitches caused by a software error or an error by the Agency.
  2. The design/coding labour is billed at 15 minute increments at the rate posted on our emails. Administrative labour (reduced rate) is billed at 30 minute increments at the rate posted on our emails.
  3. The billing cycle is always the 21st of a month to the 20th of the subsequent month, and we will send you an invoice within 15 days of the end of the billing cycle.
  4. Within 10 days of sending you the invoice, we will automatically charge the amount on the invoice on the same credit card used for the Client’s monthly subscriptions. The 10 days is provided so that the Client has a chance to review the invoice and file any disputes if the Client believes there is an error.
  5. Clients who use pre-authorized debit will have the invoice amount withdrawn in addition to the monthly subscription fee on the next scheduled withdrawal, which is usually on or near the 1st of each month.
WHEN A 3RD PARTY DESIGNER PROVIDES CUSTOM DESIGN, BRANDING & STATIONERY WORK

If The Client has his/her own graphic designer willing to provide The Client with custom design work, including but not limited to, the website visual design, branding & logo design, stationary design & print management, these terms apply.

  1. The visual design related files provided by The Client or The 3rd Party Designer remain the property of The Client.
  2. The website design & layout files created based on the visual design provided remain the property of The Agency until full payment of the funds agreed upon is paid to The Agency by The Client.
  3. The Client is responsible for providing all required design and branding files, including but not limited to, vector logo files, colour specifications, font specifications, layout and design files, photography in a timely manner.
  4. In case of The Subscription for The Software being terminated by The Client, the Agency will surrender all website design and layout files EXCLUDING the core files of The Software.