Terms & Conditions

Agreement to Terms

These Terms and Conditions ("Terms") govern your use of the website www.bigbrickdigital.com ("Website") and the services provided by Big Brick Digital ("Company", "we", "us", "our"), a digital agency operating from Udaipur, Rajasthan, India.

By accessing this Website, submitting an enquiry, or engaging our services, you ("Client", "you") acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any part of these Terms, you must not use this Website or engage our services.

Services

Big Brick Digital provides digital services including, but not limited to: custom web development, e-commerce development, CMS plugin development, SEO and digital marketing, SaaS development, business automation (RPA), IT consulting, branding, UI/UX design, and international business services.

The specific scope, deliverables, timelines, and pricing for any engagement are agreed upon in a written project proposal or service agreement ("Project Agreement"), which supplements these Terms. In the event of any conflict between a Project Agreement and these Terms, the Project Agreement shall take precedence.

We reserve the right to refuse any project or discontinue any service at our sole discretion, with appropriate notice where work is already in progress.

Client Obligations

To enable successful delivery of services, the Client agrees to:

• Provide accurate, complete, and timely information, materials, and approvals required for the project
• Designate a single primary point of contact with authority to provide approvals
• Review and respond to deliverables within agreed timeframes (typically 5 business days unless otherwise specified)
• Ensure all content, materials, and assets provided to us are owned by or properly licensed to the Client, and do not infringe any third-party rights
• Make payments in accordance with agreed payment schedules
• Not provide content that is unlawful, defamatory, obscene, discriminatory, or otherwise objectionable

Delays caused by the Client's failure to meet these obligations may result in revised timelines and/or additional charges at our standard daily rate.

Payment Terms

Unless otherwise agreed in writing:

• Project payments are split into milestones — typically 50% on project commencement and 50% on delivery. Specific milestone structures are detailed in individual Project Agreements
• Invoices are due within 14 days of issue unless otherwise agreed
• Late payments accrue interest at 1.5% per month on outstanding balances beyond the due date
• Ongoing retainers (SEO, maintenance, etc.) are invoiced monthly in advance and due within 7 days
• Disputed invoices must be raised in writing within 7 days of receipt. Undisputed portions must be paid on time

We reserve the right to suspend work on any project where invoices remain unpaid beyond 21 days. Ownership of all deliverables remains with Big Brick Digital until full payment is received.

All prices are exclusive of applicable taxes (including GST) unless explicitly stated otherwise.

Intellectual Property

Client ownership: Upon receipt of full payment for a project, Big Brick Digital assigns to the Client full ownership of all custom-created deliverables including website designs, custom code, and written content created specifically for that project.

Retained by Big Brick Digital: The following remain the intellectual property of Big Brick Digital and are licensed (not transferred) to the Client:

• Pre-existing frameworks, libraries, templates, and tools used in the project
• Our proprietary development methodologies, processes, and know-how
• General-purpose code components that we use across multiple client projects

Third-party components: Open-source libraries, stock images, fonts, and third-party plugins incorporated into deliverables are governed by their respective licences. We will identify these components on request.

Portfolio rights: We reserve the right to display completed work in our portfolio, case studies, and marketing materials unless the Client requests confidentiality in writing prior to project commencement.

Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with an engagement ("Confidential Information"), and not to disclose such information to any third party without prior written consent, except where:

• The information is or becomes publicly available through no breach of this clause
• Disclosure is required by applicable law or court order, provided we give reasonable prior notice where permitted
• The information was already known to the receiving party prior to disclosure

This confidentiality obligation survives the termination of any engagement for a period of 3 years. For engagements requiring enhanced confidentiality, a separate Non-Disclosure Agreement (NDA) may be executed on request.

Warranties & Representations

We warrant that:

• We have the right and authority to enter into agreements to provide our services
• Our services will be performed with reasonable skill and care
• Deliverables will materially conform to the agreed specifications at the time of delivery

We do not warrant that:

• The Website will be available uninterrupted or error-free at all times
• SEO or digital marketing campaigns will achieve specific ranking positions or conversion metrics (results depend on factors outside our control, including search engine algorithm changes)
• Information on the Website is complete, current, or free from errors

Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total liability for any claim arising from an engagement shall not exceed the total fees paid by the Client for the specific service giving rise to the claim in the 12 months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of profit, loss of data, loss of goodwill, or business interruption, even if we have been advised of the possibility of such damages
• We are not liable for failures or delays caused by circumstances beyond our reasonable control (force majeure), including but not limited to acts of God, internet outages, third-party service failures, or government actions

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

Termination

By either party: Either party may terminate an engagement by providing 30 days' written notice, subject to the payment provisions below.

Immediate termination: Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure the breach within 14 days of written notice, or becomes insolvent.

Payment on termination: Upon termination:

• The Client shall pay for all work completed and expenses incurred up to the date of termination, calculated pro-rata
• For fixed-price projects terminated before completion, a kill fee equivalent to 25% of the remaining contract value is payable
• Prepaid retainer fees for the current month are non-refundable

Big Brick Digital will deliver all completed work and provide reasonable handover assistance on receipt of all outstanding payments.

Website Use

You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of any third party. You must not:

• Use the Website in any way that causes, or may cause, damage to the Website or impairs its availability
• Attempt to gain unauthorised access to any part of the Website, its servers, or any connected systems
• Transmit unsolicited commercial communications (spam)
• Use automated tools to scrape, crawl, or extract content from the Website without our written permission
• Reproduce, republish, or redistribute Website content without written authorisation

Third-Party Links & Services

Our Website may contain links to third-party websites, tools, or services. These links are provided for convenience and informational purposes only. We have no control over, and accept no responsibility for, the content, privacy practices, or terms of any third-party website.

The inclusion of any link does not imply endorsement, sponsorship, or recommendation by Big Brick Digital. You access third-party websites entirely at your own risk.

Indemnification

You agree to indemnify, defend, and hold harmless Big Brick Digital and its directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms
• Your use of this Website in violation of applicable law
• Content or materials you provide to us that infringe any third-party rights
• Your violation of any third party's rights

Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms or any engagement shall be subject to the exclusive jurisdiction of the courts of Udaipur, Rajasthan, India.

Before commencing formal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days from the date of written notice of the dispute. If the dispute is not resolved within 30 days, either party may refer the matter to arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator agreed by both parties.

Changes to These Terms

We reserve the right to update these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. Material changes will be communicated with reasonable notice where we hold your contact information.

Continued use of the Website or our services after the effective date of any changes constitutes your acceptance of the revised Terms. We recommend reviewing this page periodically.

For projects already in progress under a signed Project Agreement, changes to these Terms will not affect that engagement unless both parties agree in writing.

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