Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of the Bay City Branding website (BayCityBranding.com) and the services we provide, including web design and development, branding and identity, and marketing materials design.

By using our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

Our Services

Bay City Branding provides creative services including:

• Web design and development (WordPress-based websites)
• Branding and identity design (logos, brand systems, style guides)
• Marketing materials (print and digital collateral)

All services are provided on a project basis. The scope, deliverables, timeline, and pricing for each project are agreed upon in writing before work begins, either through a formal proposal or written email agreement.

We reserve the right to decline any project at our discretion.

Quotes & Proposals

Submitting a quote request through our website does not constitute a binding agreement. Quotes and proposals are estimates based on the information provided and are subject to change if the project scope changes.

A project begins only when both parties have agreed in writing to the scope and pricing, and any required deposit has been received.

Quotes are valid for 30 days from the date issued unless otherwise stated.

Payment Terms

Payment terms are established on a per-project basis and outlined in each proposal. Standard terms include:

• Deposit: A deposit (typically 50%) is required before work begins on most projects. The exact amount is specified in the project proposal.
• Final payment: The remaining balance is due upon project completion, before final files are delivered or a website is launched.
• Print orders: Print production costs must be paid in full before orders are placed with suppliers.
• Invoices: Invoices are due within 14 days of the invoice date unless otherwise agreed in writing.

We accept payment via methods agreed upon in the project proposal. Late payments may result in work being paused until payment is received.

Invoices unpaid after 30 days may incur a late fee of 1.5% per month on the outstanding balance.

Revisions & Scope Changes

Each project proposal includes a specified number of revision rounds. Revisions within scope are included at no additional charge. Requests that fall outside the agreed scope — including additions, significant changes in direction, or extra pages/materials not in the original proposal — may result in additional charges.

Any scope changes will be communicated and agreed upon in writing before additional work proceeds.

Revision requests must be submitted in consolidated, written form (not piecemeal over multiple messages) to keep the project moving efficiently.

Timelines & Delays

Project timelines are estimates and depend on timely feedback and content from the client. Delays caused by late content, feedback, or approvals from the client may extend the project timeline accordingly.

We will communicate any delays on our end promptly. We are not liable for project delays resulting from circumstances outside our control, including third-party services, hosting providers, or print suppliers.

Projects that are inactive for 60 days or more due to lack of client response may be closed. Reactivating a closed project may require a new deposit.

Ownership & Intellectual Property

Client ownership: Upon receipt of full payment, the client receives full ownership of the final deliverables — including logo files, design assets, and website files — as applicable to the project.

Work in progress: All work remains the property of Bay City Branding until final payment is received. We reserve the right to withhold delivery of final files until payment is complete.

Third-party assets: If licensed fonts, stock photography, or other third-party assets are used in a project, their use is governed by the respective license agreements. We will inform the client of any licensed assets used.

Portfolio use: We reserve the right to display completed work in our portfolio and marketing materials unless the client requests otherwise in writing. We will not disclose confidential business information in any portfolio use.

Website code: Custom theme code written for client websites is delivered to the client upon final payment. We retain the right to reuse general techniques, approaches, and non-client-specific code in future projects.

Client Content & Responsibilities

The client is responsible for providing accurate, complete content (text, images, logos, etc.) needed to complete the project. We are not responsible for errors in content provided by the client.

By providing content, the client confirms they have the legal right to use that content and indemnifies Bay City Branding against any claims arising from the use of client-provided content.

We will not knowingly produce work that:

• Infringes on any copyright, trademark, or intellectual property rights
• Contains false, misleading, or defamatory content
• Violates any applicable laws or regulations
• Promotes illegal products, services, or activities

Cancellation & Refunds

Cancellation by client: If a client cancels a project after work has begun, the deposit is non-refundable. If work completed exceeds the deposit amount, the client is responsible for payment of all work completed to date.

Cancellation by Bay City Branding: We reserve the right to cancel a project if the client fails to pay invoices, provides content that violates these terms, or acts in bad faith. In such cases, payment for all work completed to date is due immediately.

Refunds: Deposits are non-refundable once work has begun. If work has not yet started, a refund may be issued at our discretion, less any administrative costs. Print orders cannot be refunded once placed with suppliers.

Warranties & Disclaimers

We warrant that our work will be completed with reasonable skill and care, and that we have the right to provide the services described.

We do not warrant that:

• Websites will be free of all bugs or compatible with all browsers and devices
• Any specific business results, sales, or traffic will result from our work
• Print colors will match screen colors exactly (color variation in print is normal)
• Third-party services (hosting, plugins, print suppliers) will perform without interruption

Our website and services are provided "as is" without warranties of any kind beyond what is expressly stated in these Terms.

Limitation of Liability

To the maximum extent permitted by law, Bay City Branding shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our services or website.

Our total liability for any claim arising from a project shall not exceed the total amount paid by the client for that project.

We are not liable for losses arising from factors outside our control, including server downtime, third-party service failures, or client errors.

Website Use

You may use our website for lawful purposes only. You agree not to:

• Use our website in any way that violates applicable laws or regulations
• Submit false or misleading information through our contact or quote forms
• Attempt to gain unauthorized access to any part of our website or systems
• Use automated tools to scrape or copy content from our website
• Transmit spam, malware, or harmful code through our website

We reserve the right to block access to our website for anyone who violates these terms.

Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be resolved in the courts of Matagorda County, Texas.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Changes apply to new projects and website use after the updated date. Continued use of our website or services after changes constitutes acceptance of the updated Terms.

For active projects, the Terms in effect at the time the project agreement was signed apply unless both parties agree in writing to updated terms.

Contact Us

If you have questions about these Terms or our services, please reach out. We're happy to clarify anything before you engage us for a project.