Booking:
When clients accept our proposals dispatched via Freshbooks, our all-in-one CRM, booking, and accounting tool, either by clicking the ‘accept’ button or by signing the proposal, they are agreeing to these terms and conditions. This encompasses our cancellation and payment policies. Together, the proposal and these Terms establish the full agreement between us, overtaking all previous discussions, representations, or contracts, whether they were written or spoken. Any modifications to the proposal or these Terms require mutual written consent from both parties.
Services Included:
This contract covers our Web Design, Branding, Marketing Services, and Printing Services offered through our partner company.
Third-Party Vendors:
Occasionally, we may partner with third-party vendors to provide specific elements of our Services. This can include Printing Companies, Shipping Companies, and Contractors specializing in Design Work and Web Design. While we always aim for these vendors’ terms and conditions to align with ours, they might occasionally differ, especially in areas like cancellations and payments. By opting for our Services, clients accept that we cannot be held responsible for any breaches, negligence, or other liabilities originating from these third-party services. All disputes or concerns related to third-party vendors should be communicated directly with the respective vendor. We maintain the right to outsource some of our services when deemed necessary.
Effective Date: July 14, 2026
These General Terms and Conditions apply to services offered by Bright & Epic USA Inc., including services marketed or provided under the trade names Creative Palm Coast and E2 Web Marketing, and through websites including https://e2webmarketing.com/.
For purposes of these Terms, Bright & Epic USA Inc., doing business as Creative Palm Coast and E2 Web Marketing, is referred to as the “Company.” The individual or entity purchasing or receiving services is referred to as the “Client.”
Acceptance of Terms: By signing a proposal or agreement, approving work in writing, submitting payment, purchasing or renewing Services, or otherwise expressly accepting these Terms, Client agrees to be legally bound by these Terms.
These Terms apply together with any proposal, estimate, statement of work, service agreement, hosting agreement, invoice, or other written agreement between Company and Client. If a project-specific written agreement conflicts with these Terms, the project-specific agreement shall control only with respect to the conflicting provision.
Scope of Services: Company may provide website design and development, hosting, maintenance, graphic design, branding, marketing, advertising, consulting, automation, content creation, search engine optimization, and other creative or digital services, collectively referred to as the “Services.”
The specific Services, deliverables, fees, and timelines shall be described in a proposal, contract, invoice, statement of work, or other written communication. Company shall make commercially reasonable efforts to perform the Services according to the agreed scope. Unless expressly guaranteed in writing, project timelines and delivery dates are estimates and may depend on Client cooperation, third-party providers, platform availability, and other circumstances outside Company’s reasonable control.
Any changes or additions outside the agreed scope may require an additional estimate, additional fees, or an updated delivery schedule.
Client Cooperation and Responsibilities: Client shall provide all materials, information, approvals, credentials, account access, feedback, and decisions reasonably required for Company to perform the Services.
Client is responsible for providing accurate and complete instructions and information, responding to requests promptly, reviewing deliverables, maintaining current contact and billing information, and ensuring that all content supplied to Company is accurate, lawful, properly licensed, and authorized for use.
Client is solely responsible for securing any permissions, licenses, releases, or approvals required for content supplied by Client and for complying with laws and regulations applicable to Client’s business, industry, website, advertising, privacy practices, and content.
Delays caused by Client may extend deadlines and may result in additional fees. Company shall not be responsible for missed deadlines, interrupted Services, or other consequences resulting from Client’s failure to provide required materials, access, feedback, approvals, or payment.
Client Responsibility for the Website and Digital Assets: Client is responsible for Client’s website and digital assets at all times, regardless of whether Company designs, hosts, maintains, manages, or has administrative access to them.
This responsibility includes the website’s content, files, images, videos, documents, databases, email data, domain name, third-party integrations, account credentials, backups, legal notices, privacy disclosures, security settings, configuration information, and all other associated materials.
Client’s responsibility continues during an active and paid service period, after a paid service period expires, when an invoice becomes overdue, during any grace period, following suspension or termination of Services, and after Company’s involvement with the website ends.
Company’s provision of hosting, maintenance, backups, technical assistance, or administrative access does not transfer Client’s ultimate responsibility for the website, its content, or its digital assets to Company.
Website Backups and Data Preservation: Client is solely responsible for maintaining current, independent, and accessible copies of all website content, files, databases, images, documents, email data, configuration information, and other digital assets that Client wishes to preserve.
Company may create operational or disaster-recovery backups as part of certain hosting or maintenance Services. Unless a separate written agreement expressly states otherwise, Company does not guarantee that backups will be available, complete, current, compatible, or capable of restoration.
Company’s backups are not a substitute for Client’s own independent backups, and Company does not provide long-term storage or archival services. Company has no obligation to retain website data after expiration, nonpayment, suspension, cancellation, or termination of Services.
Client must obtain any desired copy, export, or backup before the applicable payment, expiration, suspension, or termination deadline. Client assumes the risk of data loss if Client does not maintain independent backups.
Hosting, Domains, Email, and Third-Party Services: Company may provide hosting services as agreed upon in writing or as outlined in a separate hosting agreement, proposal, or invoice.
Hosting, domain registration, email, software licenses, themes, plugins, advertising platforms, analytics services, payment processors, and other third-party services may be governed by separate provider terms, pricing, limitations, and policies.
Company does not control and cannot guarantee the availability, security, continued operation, pricing, functionality, or policies of third-party services.
Client remains responsible for renewing domains, licenses, subscriptions, and third-party services when they are not expressly included in Company’s Services, maintaining accurate ownership and contact information, paying third-party charges and advertising expenses, following third-party platform rules, and maintaining access to Client-owned accounts.
Company shall not be responsible for domain expiration, account closure, service interruption, data loss, suspension, policy changes, price changes, or other actions taken by third-party providers unless directly caused by Company’s willful misconduct.
Administrative Access and Website Changes: When Client or a third party selected by Client receives administrative, hosting, server, database, domain, email, or account access, Client assumes responsibility for all actions taken through that access.
Company shall not be responsible for errors, security issues, downtime, data loss, layout problems, broken functionality, malware, or other damage caused by Client, Client’s employees, contractors, agents, or representatives; unauthorized sharing or misuse of credentials; changes made without Company’s approval; or the installation, removal, or modification of code, themes, plugins, databases, settings, or integrations by anyone other than Company.
Client shall not reverse engineer, copy, tamper with, or improperly modify Company’s proprietary code, systems, databases, configurations, tools, or intellectual property.
Any investigation, repair, restoration, or remediation required because of actions taken by Client or Client-authorized third parties may be billed separately.
Payment and Billing: Client shall pay all fees according to the applicable proposal, agreement, invoice, or payment schedule.
Unless otherwise stated in writing, payment is due by the due date shown on the invoice, and an invoice becomes overdue immediately after its stated due date. Company is not required to begin or continue work while required payments remain outstanding.
Client may not withhold payment because of a disagreement unrelated to the invoiced Services. Any additional expenses reasonably incurred by Company on behalf of Client shall be reimbursed by Client.
Suspension or termination of Services does not eliminate Client’s obligation to pay amounts already due. Client shall also be responsible for reasonable collection expenses, late fees, interest, and attorneys’ fees to the extent permitted by law and the applicable agreement.
Company may require deposits, milestone payments, recurring payments, advance payments, or automatic payment authorization.
Overdue Invoices, Suspension, and Final Grace Period: Company may suspend any or all Services when an invoice becomes overdue.
Suspension may include taking a website offline, disabling hosting, restricting administrative access, pausing maintenance, stopping advertising or marketing campaigns, disabling email or related services, or withholding deliverables.
Company may provide Client with a final written payment notice identifying a final grace-period deadline. The deadline may be communicated by email, electronic invoice, account notification, or another written electronic method using Client’s most recently provided contact information.
If full payment is not received by the stated final grace-period deadline, Company may, without additional notice, terminate the affected Services, take the website and associated services permanently offline, disable Client’s access to Company-controlled systems, cancel Company-managed hosting or related services, and permanently delete the website and all associated Website Data under Company’s control.
For purposes of these Terms, “Website Data” includes website files, databases, pages, text, images, videos, documents, configuration files, email data where applicable, backups accessible to Company, and any other hosted or stored materials associated with the Services.
Permanent Deletion and No Reinstatement: If Website Data is deleted following nonpayment, expiration, cancellation, or termination, the deletion shall be considered permanent.
Company shall have no obligation to restore, recover, recreate, or reinstate the deleted website or Website Data. Company does not guarantee that deleted Website Data can be recovered by any means.
Client shall not be entitled to access operational, archival, temporary, or disaster-recovery copies maintained for Company’s internal systems. Any residual data that temporarily remains in automated backup or disaster-recovery systems shall not be available for restoration and may be deleted through Company’s ordinary retention cycle.
Client is responsible for securing all desired copies, exports, and backups before the final deadline stated in Company’s notice.
Company shall not be liable for the loss of Website Data resulting from suspension, termination, or deletion performed in accordance with these Terms and a written final notice.
Rebuilding a deleted website, if technically possible and accepted by Company, shall be treated as a new project requiring a new agreement, new fees, and full payment.
No Extension of Service Period: A late payment does not automatically extend, restart, or renew an expired hosting, maintenance, subscription, or service period.
Company may require payment of all outstanding balances, reactivation fees, new hosting fees, renewal fees, or other charges before restoring a Service that was suspended but not yet permanently deleted.
Once permanent deletion has occurred, payment of an overdue invoice does not create an obligation for Company to recover, rebuild, or reinstate the website or its Website Data.
Ownership of Client Materials: Client retains ownership of original materials supplied by Client, including Client’s trademarks, logos, photographs, written content, videos, and business information.
Client grants Company a nonexclusive license to use, reproduce, edit, display, transmit, and otherwise process those materials as reasonably necessary to perform the Services.
Client represents and warrants that Client owns or has obtained all rights and permissions necessary for Company to use the supplied materials.
Company Intellectual Property: Company retains ownership of its preexisting and independently developed intellectual property, including its business processes, methods, software tools, code libraries, reusable components, templates, frameworks, themes, systems, automation workflows, design systems, prompts, documentation, proprietary information, and general skills, knowledge, and experience.
Unless otherwise stated in a signed agreement, payment for Services does not transfer ownership of Company’s preexisting intellectual property.
Upon full payment, Client receives only the ownership or usage rights expressly identified in the applicable proposal or agreement. If no specific ownership provision is stated, Client receives a nonexclusive, perpetual license to use the final approved deliverables for Client’s own business purposes.
No ownership, license, file-transfer obligation, or usage right transfers until all amounts associated with the applicable deliverables have been paid in full.
Third-Party Materials and Licenses: Deliverables may include third-party fonts, photographs, videos, themes, plugins, software, stock assets, open-source code, or other licensed components.
Third-party materials remain subject to their respective licenses and are not transferred to Client beyond the rights allowed by those licenses. Client may be responsible for purchasing, renewing, or maintaining certain licenses after project completion.
Company shall not be responsible for future changes to third-party licensing terms, compatibility, support, availability, functionality, or pricing.
Review and Approval: Client is responsible for reviewing all deliverables for accuracy, functionality, spelling, pricing, claims, contact information, legal compliance, and suitability before publication or use.
Client must report material errors or deviations from the agreed scope within the review period stated in the applicable proposal or, if no period is stated, within seven calendar days after delivery.
Approval, publication, launch, use, or failure to provide written feedback within the review period constitutes acceptance of the deliverable, except for defects that could not reasonably have been discovered during review.
Changes requested after acceptance may be billed separately.
Marketing and Business Results: Company does not guarantee any particular number of visitors, leads, customers, sales, conversions, impressions, rankings, reviews, revenue, return on investment, platform approvals, or other business result.
Search engines, social networks, advertising platforms, app stores, hosting companies, and other third parties control their own systems, algorithms, approvals, pricing, and policies.
Client is responsible for the accuracy and legality of Client’s offers, products, services, promotions, pricing, advertising claims, disclosures, and business practices.
Website Compliance and Legal Content: Unless specifically included in a written scope of work, Company does not provide legal, tax, regulatory, accessibility, cybersecurity, or compliance advice.
Client is responsible for determining and implementing requirements applicable to Client’s website and business, including requirements relating to privacy, cookies, tracking technologies, accessibility, copyright, trademarks, terms of service, privacy policies, advertising disclosures, consumer protection, industry-specific regulations, email marketing, text-message marketing, and the collection or processing of personal information.
Templates, examples, or sample language supplied by Company are provided for general informational purposes only and should be reviewed by Client’s qualified legal counsel.
Confidentiality: Each party shall use reasonable care to protect confidential information received from the other party and shall not disclose such information to third parties except as necessary to perform the Services, to employees or contractors with a legitimate need to know, with the other party’s permission, or as required by law, court order, or governmental authority.
Confidential information does not include information that is publicly available through no breach of these Terms, independently developed without use of the other party’s confidential information, or lawfully received from another source.
Security and Service Availability: Company shall use commercially reasonable efforts appropriate to the Services being provided. However, no website, server, email system, software, network, codebase, or online service can be guaranteed to be completely secure, error-free, or continuously available.
Except as expressly agreed in writing, Company does not guarantee uninterrupted uptime, complete prevention of hacking or malware, compatibility with every browser or device, permanent availability of third-party services, recovery of lost or corrupted data, or error-free software or code.
Client shall promptly notify Company of any suspected security incident or unauthorized access affecting Company-managed Services.
Disclaimer of Warranties: To the fullest extent permitted by law, the Services and deliverables are provided on an “as is” and “as available” basis, except for any express written warranty included in a project-specific agreement.
Company disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, noninfringement, uninterrupted operation, and guaranteed results, to the extent such warranties may lawfully be disclaimed.
Nothing in these Terms excludes any warranty or legal right that cannot lawfully be excluded.
Limitation of Liability: To the fullest extent permitted by law, Company shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, lost business opportunities, reputational harm, lost data, or business interruption.
Company’s total cumulative liability arising from or relating to the Services shall not exceed the fees actually paid by Client to Company for the specific Service giving rise to the claim during the six months immediately preceding the event giving rise to liability.
The limitations in this section shall not apply to liability that cannot lawfully be limited or excluded. Client acknowledges that Company’s fees reflect this allocation of risk.
Indemnification: Client agrees to indemnify, defend, and hold harmless Company and its directors, officers, employees, contractors, agents, and affiliates from and against claims, liabilities, damages, judgments, losses, penalties, expenses, costs, and reasonable attorneys’ fees arising from or relating to Client’s materials, content, products, services, website, business operations, advertisements, marketing claims, violation of law, violation of third-party rights, or breach of these Terms.
This obligation includes claims involving infringement, defamation, false advertising, privacy violations, unauthorized use, Client-provided administrative access, or Client’s failure to maintain required permissions, licenses, disclosures, security measures, or backups.
Company shall provide reasonable notice of an indemnified claim and allow Client to participate in its defense. Client may not settle a claim in a manner that admits wrongdoing by or imposes obligations on Company without Company’s prior written consent.
Termination by Client: Client may terminate Services by providing written notice, subject to any minimum term, notice period, cancellation requirement, or other condition stated in the applicable agreement.
Termination does not relieve Client of responsibility for Services already performed, approved work in progress, noncancelable third-party commitments, expenses incurred on Client’s behalf, outstanding invoices, or fees remaining due under a fixed-term agreement.
Client must obtain all desired files, exports, and backups before the termination date. Company is not required to retain Client data after termination unless expressly agreed in writing.
Termination or Suspension by Company: Company may suspend or terminate Services for nonpayment, material breach of these Terms or another agreement, illegal or fraudulent activity, abusive conduct, security risks, misuse of Company or third-party systems, failure to cooperate, or Client conduct that exposes Company to legal, financial, technical, or reputational risk.
Where reasonably possible, Company may provide written notice and an opportunity to correct the breach. Immediate suspension or termination may occur where Company reasonably determines that it is necessary to protect systems, data, Company, Client, or third parties.
Force Majeure: Company shall not be liable for any delay, interruption, or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, labor disputes, epidemics, government actions, power outages, internet outages, cyberattacks, third-party platform failures, supply shortages, or telecommunications failures.
Affected deadlines shall be extended for a reasonable period based on the circumstances.
Notices: Notices under these Terms must be in writing and may be delivered by email, electronic invoice system, account notification, certified mail, or personal delivery.
Electronic notices sent to Client’s most recently provided email address shall be considered received when transmitted, provided Company does not receive an automated delivery-failure notice.
Client is responsible for maintaining current contact information and monitoring the email address supplied to Company, including spam and junk folders.
Payment reminders, overdue notices, suspension notices, final grace-period notices, termination notices, and deletion notices may be delivered electronically.
Governing Law and Jurisdiction: These Terms and all disputes arising from or relating to them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.
Subject to applicable jurisdictional requirements, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in or serving Flagler County, Florida.
Relationship of Parties: The relationship between Client and Company is that of independent contractors. Nothing in these Terms creates or implies an employment, partnership, joint venture, franchise, fiduciary, or agency relationship between the parties.
Neither party has authority to enter into obligations or make representations on behalf of the other party unless expressly authorized in writing.
Non-Assignment: Client may not assign or transfer Client’s rights or obligations under these Terms without Company’s prior written consent.
Company may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or transfer of the applicable business or Services.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue to be valid and enforceable.
Waiver: The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it in the future.
A waiver shall be effective only when made in writing by the party granting it.
No Third-Party Beneficiaries: These Terms are intended solely for the benefit of Company and Client. They do not create any rights or remedies for any other person or entity unless expressly stated in writing.
Entire Agreement: These Terms, together with the applicable proposal, contract, statement of work, hosting agreement, invoice, and other incorporated written documents, constitute the entire agreement between Client and Company regarding the Services.
These documents supersede all prior or contemporaneous discussions, understandings, agreements, promises, or representations concerning the same subject matter.
Client acknowledges that Client has not relied on any promise or representation that is not included in the applicable written agreement.
Amendments: Project-specific agreements may be amended only through a written agreement accepted by both parties.
Company may revise these General Terms prospectively. Material revisions shall apply to new Services, renewals, or modifications accepted after the revised Terms are communicated to Client.
Company shall obtain additional affirmative acceptance where required by applicable law or the existing agreement. Revised Terms do not retroactively alter completed transactions or existing contractual rights unless the parties agree otherwise.
Survival: Provisions concerning payment obligations, Client responsibility, backups, data preservation, permanent deletion, ownership, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution, and any provisions that by their nature should continue shall survive expiration, suspension, cancellation, or termination of the Services or these Terms.
Acknowledgment: By accepting these Terms, Client confirms that Client has read and understood them, has had an opportunity to ask questions and obtain independent legal advice, and agrees to be legally bound by them.
Client specifically acknowledges that Client remains responsible for Client’s website and all associated files, content, backups, and digital assets at all times, including after a paid service period ends and whenever an invoice becomes overdue.
Client further acknowledges that Services may be suspended when an invoice becomes overdue and that failure to pay by a stated final grace-period deadline may result in the website being taken permanently offline and all associated Website Data being permanently deleted without reinstatement or recovery.
By engaging Company for Services, signing or approving a proposal or agreement, purchasing or renewing Services, or submitting payment, Client acknowledges and agrees to these General Terms and Conditions.
Check our calendar, pick a time that suits you and we are happy to call you.
