These Terms of Service (“Terms”) govern your use of the Brimult website and any website design, development, launch, transfer, or related services purchased from Brimult.
By purchasing a service, making a project initiation payment, approving a project, or otherwise agreeing in writing to proceed with Brimult, you agree to these Terms.
If a separate written quote, scope, proposal, or project agreement contains terms specific to your project, those project-specific terms will apply together with these Terms. Where there is a direct conflict concerning the specific project, the expressly agreed project-specific term will control.
1. About Brimult
Brimult provides website design, development, launch, transfer, and related website services for businesses.
Website: https://brimult.com
Email: connect@brimult.com
2. Website Services
The exact services included in a project will be based on the scope agreed between Brimult and the client.
Services may include, where agreed:
- website design;
- website development;
- responsive/mobile design;
- preparation or adaptation of website copy;
- integration of client-provided branding and images;
- enquiry or contact functionality;
- domain or hosting setup assistance;
- website publishing;
- transfer of website files or access;
- revisions included within the agreed scope; and
- other specifically agreed website-related work.
Anything not expressly included in the agreed scope is not automatically included in the project price.
3. Website Previews
Brimult may provide a website preview, concept, mock-up, prototype, or demonstration before a client purchases a website.
A preview is intended to demonstrate a possible direction for the client's website and may not represent the final website.
Unless otherwise agreed in writing, previews may contain incomplete functionality, temporary content, placeholder elements, or features that require additional work before final delivery.
Providing a preview does not transfer ownership of the preview, its code, design, or other Brimult-created material to the prospective client.
Ownership rights are transferred only as described in the Intellectual Property section of these Terms.
4. Project Scope
Before or during the start of a paid project, Brimult and the client will agree on the primary scope of work and price.
The scope may be recorded through email, messages, a quote, proposal, payment page, project document, or another written communication.
Clients should review the agreed scope before payment.
Features, pages, integrations, content creation, functionality, or other work not included in the original scope may be treated as additional work.
5. Pricing and Payment
The total project price will be communicated to the client before the project proceeds.
Unless otherwise agreed, Brimult requires a $199 project initiation payment before beginning the paid project.
The $199 initiation payment is credited toward the total agreed project price and is not an additional charge.
For example, if a project costs $799 in total and the client has paid a $199 initiation payment, $600 remains payable.
The remaining project balance is due according to the payment arrangement agreed with the client.
Under Brimult's standard website workflow, the remaining balance may become due after the agreed website has been transferred to the client.
Receiving technical access to or possession of website files does not by itself transfer legal ownership of Brimult-created deliverables before the full project balance has been paid.
6. 12-Hour Cancellation Period
The client may cancel the project within 12 hours after making the $199 project initiation payment and request a full refund of that payment.
After 12 hours have passed, the $199 initiation payment becomes non-refundable, except where Brimult is unable to complete the agreed project as described below or where applicable law requires otherwise.
7. Refunds
Refunds are governed by Brimult's separate Refund Policy, which forms part of these Terms.
After the 12-hour cancellation period, the $199 project initiation payment will generally remain non-refundable if the client:
- changes their mind;
- chooses not to continue with the website;
- chooses another service provider;
- abandons the project;
- stops responding;
- fails to provide information or access reasonably necessary to complete the project; or
- otherwise voluntarily cancels the project.
If Brimult is unable to complete the agreed project for reasons not caused by the client's breach, inactivity, or failure to provide required materials or access, Brimult will provide the refund applicable under the Refund Policy.
Nothing in these Terms limits any refund or other right that cannot lawfully be excluded.
8. Client Responsibilities
The client agrees to provide information and cooperation reasonably required to complete the project.
Depending on the project, this may include:
- business information;
- contact details;
- services offered;
- logos and branding;
- photographs or other media;
- website copy or factual information;
- feedback and approvals;
- domain or hosting access;
- account credentials;
- third-party service access; and
- other information necessary for the agreed website.
The client is responsible for ensuring that information provided to Brimult is accurate.
Brimult is not responsible for delays, errors, or incomplete work caused by inaccurate information, missing materials, delayed approvals, unavailable access, or other matters controlled by the client.
9. Client Content and Permissions
The client represents that they have the necessary rights, licences, permissions, or authority to provide Brimult with any material supplied for use in the project.
This includes, where applicable:
- logos;
- photographs;
- videos;
- written content;
- trademarks;
- graphics;
- customer testimonials;
- reviews;
- business information; and
- other copyrighted or proprietary material.
The client must not knowingly provide material that infringes another person's intellectual-property, privacy, publicity, or other legal rights.
Brimult may decline to publish material where there is a reasonable concern that its use would be unlawful or infringe third-party rights.
10. Accuracy of Business Claims
Clients are responsible for the accuracy and legality of factual claims relating to their business.
This includes claims concerning matters such as:
- licences;
- certifications;
- guarantees;
- warranties;
- years in business;
- service areas;
- pricing;
- awards;
- insurance;
- financing;
- professional qualifications;
- customer reviews; and
- other representations about the client's business.
Brimult may help organise, rewrite, or present client-provided information, but the client remains responsible for confirming its accuracy before publication.
11. Revisions and Change Requests
Brimult will provide revisions included within the agreed project scope.
A revision generally means a reasonable change to work already included in the project. A request for materially new functionality, a substantially different design direction, additional pages, new integrations, or work outside the agreed scope may be treated as additional work.
Brimult will communicate any additional charge before undertaking separately chargeable work.
12. Project Timelines
Any delivery date or project timeline communicated by Brimult is based on the information available at that time.
Unless expressly guaranteed in writing, project timelines are estimates rather than strict deadlines.
Timelines may be affected by:
- delayed client responses;
- delayed content or approvals;
- changes in project scope;
- third-party service problems;
- domain or hosting issues;
- technical problems outside Brimult's reasonable control; or
- other circumstances affecting completion.
Where the client causes a delay, the project schedule may be adjusted accordingly.
13. Client Inactivity
If the client stops responding or fails to provide materials, information, approvals, payment, or access reasonably required to continue the project, Brimult may place the project on hold.
The $199 project initiation payment remains non-refundable where a project cannot proceed because of client inactivity or non-cooperation after the 12-hour cancellation period.
If the client later wishes to resume the project, continuation will be subject to Brimult's availability and any updated scope or requirements that may be necessary.
14. Publishing and Website Transfer
Where included in the agreed scope, Brimult may:
- publish the completed website;
- connect it to the client's domain;
- configure hosting or deployment;
- provide website files;
- transfer website or hosting access;
- transfer domain access where applicable; and
- provide other agreed handoff materials.
The client must provide any access or authorisation reasonably necessary for publishing or transfer.
Third-party providers may impose their own technical requirements, transfer procedures, waiting periods, fees, or restrictions.
Brimult is not responsible for delays caused solely by third-party providers.
15. Ownership and Intellectual Property
Client-Provided Materials
The client retains ownership of materials they owned before providing them to Brimult.
The client grants Brimult permission to use those materials as reasonably necessary to perform the project.
Brimult-Created Final Deliverables
Subject to full payment of all amounts due for the project, the client will receive the rights to the final custom website deliverables created specifically for that client, except for excluded material described below.
Full ownership does not pass merely because files, credentials, a website deployment, or technical access have been provided before the final balance is paid.
Ownership of Brimult-created final deliverables transfers only when the project has been paid in full.
Pre-Existing and Reusable Materials
Brimult retains ownership of any tools, workflows, libraries, templates, systems, techniques, development methods, reusable components, know-how, or other material that existed independently of the client's project or was developed for general reuse.
Where such material is incorporated into the website, the client receives the right to use it as part of the delivered website to the extent necessary to use the completed project.
Third-Party Materials
Third-party software, fonts, libraries, plugins, services, images, platforms, or other material remain subject to the applicable third party's own licence and terms.
Brimult cannot transfer ownership of intellectual property owned by another party.
16. Domains and Hosting
Domains and website hosting may involve third-party providers.
Where Brimult assists with registration, configuration, connection, migration, or transfer, the domain or hosting service remains subject to the provider's terms.
Unless expressly included in the project price, ongoing:
- domain-renewal fees;
- hosting fees;
- email fees;
- software subscriptions;
- plugin fees;
- platform fees; and
- other third-party recurring charges
are the client's responsibility.
The client is responsible for maintaining renewals after handoff unless Brimult separately agrees to manage them.
Brimult is not responsible for a website becoming unavailable because the client allows a domain, hosting account, subscription, or third-party service to expire.
17. Third-Party Services
A website may depend on third-party services such as hosting providers, domain registrars, analytics services, payment providers, email services, booking platforms, maps, fonts, social-media services, or other integrations.
Those services are controlled by their respective providers.
Brimult does not guarantee the continued availability, pricing, functionality, policies, or performance of third-party services.
If a third-party provider changes, removes, restricts, or discontinues a service, additional work required to modify the website may fall outside the original project scope.
18. Third-Party Costs
Brimult will not intentionally incur material third-party charges on behalf of the client without agreement where those charges are not already included in the agreed project price.
Third-party purchases may be non-refundable once made and are subject to the relevant provider's refund policy.
19. Website Maintenance After Handoff
Unless ongoing maintenance or support is expressly included in the agreed scope, Brimult's obligation is to deliver the agreed website rather than provide indefinite maintenance.
After handoff, the client is responsible for ongoing matters including, where applicable:
- keeping account credentials secure;
- renewing domains and hosting;
- maintaining third-party subscriptions;
- updating business information;
- managing content changes;
- responding to customer enquiries;
- maintaining legal notices appropriate to their business; and
- maintaining the website over time.
Brimult may separately agree to provide future updates, maintenance, or support.
20. Changes Made After Delivery
Brimult is not responsible for faults, outages, security problems, visual changes, broken functionality, or other issues caused after delivery by:
- the client;
- another developer;
- another agency;
- a hosting provider;
- a third-party service;
- software or platform updates; or
- modifications not made by Brimult.
Brimult may offer to investigate or repair such issues as additional work.
21. No Guarantee of Business Results
A website can improve how a business presents itself and how customers interact with it, but Brimult does not guarantee any particular commercial outcome.
Unless expressly agreed in writing, Brimult does not guarantee:
- a particular number of enquiries or leads;
- increased revenue or profit;
- search-engine rankings;
- website traffic;
- advertising performance;
- customer conversions;
- sales;
- business growth; or
- any specific return on investment.
Results depend on many factors outside Brimult's control.
22. Search Engines
Creating or publishing a website does not guarantee that Google, Bing, or another search engine will index the site, rank it for particular searches, or maintain any particular ranking.
Search engines control their own indexing and ranking systems.
Search-engine optimisation services are not included unless specifically stated in the project scope.
23. Accessibility and Legal Compliance
Brimult aims to produce usable and responsive websites according to the agreed scope.
However, unless expressly included as a specific service, Brimult does not provide legal advice or certify that a website complies with every accessibility, privacy, industry-specific, advertising, consumer-protection, or other legal requirement applicable to the client's business.
The client is responsible for determining the legal requirements that apply to its business and website.
Where specialist legal or regulatory advice is required, the client should consult an appropriately qualified professional.
24. Website Security
Brimult may implement reasonable security practices appropriate to the agreed project.
However, no website, hosting platform, software system, or internet service can be guaranteed to be completely secure or permanently free from vulnerabilities.
Brimult does not guarantee that a website will never experience hacking, malware, outages, attacks, software vulnerabilities, or other security incidents.
After handoff, responsibility for ongoing security, updates, account security, and maintenance rests with the client unless ongoing support has been separately agreed.
25. Acceptable Use
Clients must not knowingly use a website or service supplied by Brimult for unlawful purposes.
Brimult may refuse or discontinue work involving content or activity that Brimult reasonably believes:
- violates applicable law;
- infringes intellectual-property rights;
- facilitates fraud;
- contains malicious software;
- impersonates another person or business deceptively; or
- otherwise exposes Brimult to unlawful activity.
26. Termination
The client may stop a project at any time, subject to the payment and refund provisions in these Terms and the Refund Policy.
Brimult may suspend or terminate a project where the client:
- fails to make an agreed payment;
- materially breaches these Terms;
- repeatedly fails to provide necessary cooperation;
- requests unlawful work;
- provides material that Brimult cannot lawfully use; or
- engages in abusive, fraudulent, or threatening conduct.
If Brimult terminates a project because it is unable to complete the agreed work for reasons not caused by the client's breach or non-cooperation, the applicable refund provisions will apply.
Termination does not cancel payment obligations for work or third-party costs that were validly incurred before termination, except where the Refund Policy or applicable law provides otherwise.
27. Disclaimer of Warranties
To the extent permitted by law, Brimult provides its services according to the agreed project scope and does not make additional warranties that are not expressly stated in writing.
Nothing in these Terms excludes warranties, guarantees, or rights that cannot legally be excluded.
28. Limitation of Liability
To the maximum extent permitted by applicable law, Brimult will not be liable for indirect, incidental, special, consequential, or purely economic losses arising from the services, including loss of profit, revenue, business opportunity, anticipated savings, or data, where such liability can legally be limited.
To the maximum extent permitted by applicable law, Brimult's aggregate liability arising from a particular paid project will not exceed the amount actually paid to Brimult for that project.
These limitations do not apply to liability that applicable law does not permit Brimult to exclude or limit.
29. Client Responsibility for Supplied Material
To the extent permitted by law, the client is responsible for claims resulting from content or material the client instructed Brimult to use where the claim arises because the client did not have the necessary rights or authority to provide that material.
This provision does not make the client responsible for material independently introduced by Brimult without the client's instruction or approval.
30. Privacy
Brimult's collection and handling of personal information is governed by the Brimult Privacy Policy.
Information about cookies and similar technologies is included in that Privacy Policy.
31. Communications
The client agrees that project-related communications may take place through email or other communication methods used during the project.
Clients are responsible for providing accurate contact information and monitoring the communication method used for their project.
32. Changes to These Terms
Brimult may update these Terms from time to time.
Changes will be reflected by updating the Last updated date.
Changes to general website Terms will apply prospectively. Material terms of an already agreed paid project will not be changed retroactively without agreement where doing so would materially alter the client's existing project obligations.
33. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
34. No Waiver
If Brimult does not immediately enforce a provision of these Terms, that does not mean Brimult permanently waives the right to enforce it later.
35. Entire Agreement
These Terms, together with the applicable:
- project scope or written quote;
- Refund Policy;
- Privacy Policy; and
- any other written terms expressly agreed for the project
form the agreement concerning the relevant services.
36. Governing Law and Jurisdiction
These Terms and any dispute arising out of or relating to Brimult's services will be governed by applicable law.
Subject to any rights or remedies that cannot be excluded under applicable law, disputes arising out of or relating to these Terms or Brimult's services will be subject to the jurisdiction of the courts that have authority under applicable law.
37. Contact
Questions regarding these Terms or a Brimult project can be sent to connect@brimult.com.
Website: https://brimult.com