Terms of Service
1. Introduction
Welcome to Brillify! The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website and software from www.brillify.agency, which shall include, without limitation, the home page, splash page, Software’s and all other pages under the same domain name, and all content thereon (the “Site”) as provided by Brillify. (“Brillify” or “we”or its parent company Bwest Communications Inc.).
Brillify reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
By purchasing any of the packages on this site, you (“Client,” “you,” or “your”) agree to comply with and be bound by the terms outlined in this Agreement.
2. Passwords, Privacy and Security
2.1 You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.
2.2 You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately at <insert phone number> .
2.3. You acknowledge that you have read, understood and will comply with the terms of our privacy policy and these Terms and Conditions.
3. Services Overview
Brillify offers three distinct marketing service packages:
- DIY: For ‘hands on’ salon owners keen to do it themselves.
- Traffic & Leads: For busy salon owners wanting to increase website visits & leads.
- Bookings: For salons that need more bookings
4. Service Activation and Setup
- Upon purchasing a package, the Client will be required to provide necessary information and access to the Company for the setup of the marketing system.
- The Company will work with the Client to customize the services according to the package selected. This may include setting up lead capture pages, booking dashboards, and other relevant tools.
5. Payment Terms
- Pricing: The Client agrees to pay the fees associated with the selected package. All payments are due in advance of service delivery, unless otherwise agreed in writing.
- Billing Cycle: Payments will be billed on a monthly basis unless specified otherwise.
- Late Payments: If payment is not received by the due date, the Company reserves the right to suspend or terminate the Client’s access to the services.
- Refund Policy: All payments are non-refundable. The Client acknowledges that services rendered are customized and therefore refunds are not provided.
6. Client Responsibilities
- Content and Access: The Client is responsible for providing accurate and timely information, including access to their website, social media accounts, and any other necessary platforms.
- Compliance: The Client agrees to comply with all applicable laws and regulations related to their business operations and marketing practices.
7. Service Availability
- Uptime: The Company aims to ensure that services are available at all times but does not guarantee uninterrupted availability. The Company will make reasonable efforts to notify the Client of any planned downtime or maintenance.
- Support: The Company provides support during regular business hours. Support requests can be submitted via email or through the Company’s support portal.
8. Intellectual Property
- Ownership: The Company retains all rights, title, and interest in and to the intellectual property associated with the services, including any custom marketing materials, software, and documentation provided to the Client.
- License: The Client is granted a non-exclusive, non-transferable license to use the marketing materials and tools provided by the Company solely for the purpose of their salon’s marketing activities.
9. Confidentiality
- Non-Disclosure: Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the Agreement. This includes but is not limited to business strategies, client lists, and marketing plans.
- Exceptions: Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
10. Limitation of Liability
- No Warranties: The Company makes no warranties, express or implied, regarding the effectiveness of the services. The Client acknowledges that marketing results may vary.
- Liability Cap: In no event shall the Company’s liability exceed the amount paid by the Client for the services during the twelve (12) months preceding the event giving rise to the claim.
11. Termination
- Termination by Client: The Client may terminate the Agreement at any time by providing written notice to the Company. No refunds will be issued for services already rendered.
- Termination by Company: The Company reserves the right to terminate the Agreement for non-payment, breach of terms, or other cause, with written notice to the Client.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia, without regard to its conflict of law principles.
13. Dispute Resolution
- Negotiation: The parties agree to first attempt to resolve any disputes through good faith negotiation.
- Arbitration: If a dispute cannot be resolved through negotiation, it shall be settled by binding arbitration in accordance with the rules of the ADR Institute of Canada (ADRIC).
14. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
15. Amendments
The Company reserves the right to modify these Terms of Service at any time. The Client will be notified of any significant changes, and continued use of the services constitutes acceptance of the updated terms.
16. Contact Information
For any questions or concerns regarding these Terms of Service, please contact us at hello@brillify.agency.
Brillify Agency
Date: Sept 9, 2024