Terms & Conditions

Terms & Conditions

By using the B16 Digital website and services, you agree to be bound by the following terms and conditions.

These Terms & Conditions apply to all services provided by B16 Digital, including but not limited to mobile app development, digital marketing, web design, SEO, and other consulting or creative services.

B16 Digital reserves the right to update and change the Terms of Service from time to time without notice. Any new features or services that augment or enhance current offerings shall be subject to the Terms of Service. Continued use of the Service after any such changes constitutes your consent to those changes.

Violation of any of the terms below will result in the termination of your account. While B16 Digital prohibits certain conduct and content on its platform, you acknowledge and agree that B16 Digital is not responsible for content posted by users. You agree to use the Service at your own risk.

Account Terms

1. You must be 18 years or older to use our Services.
2. You must provide accurate and complete information, including your legal full name, a valid email address, and other information necessary to complete the signup or project initiation process.
3. You are responsible for maintaining the confidentiality and security of your account credentials.
4. You are responsible for all activities occurring under your account, even if unauthorized by you.
5. You may not use our Services for illegal or unauthorized purposes and must comply with all applicable laws in your jurisdiction, including copyright and intellectual property laws.

Scope of Services

B16 Digital provides digital marketing, web design, mobile app development, SEO, branding, and other related consulting services. Service-specific agreements, deliverables, and timelines will be outlined in project proposals, contracts, or invoices, which are incorporated into these Terms & Conditions by reference.

1. Project Deliverables: Deliverables will be based on the project scope outlined in a signed agreement. Any requests for changes or additional work outside the agreed scope may result in additional charges.
2. Client Responsibilities: The Client agrees to provide necessary access, materials, and approvals in a timely manner to enable B16 Digital to deliver services effectively.
3. Timelines: Timelines provided are estimates and subject to change based on client feedback, delays in approvals, or unforeseen circumstances.

Payments and Refund Terms

1. A valid payment method, such as a credit card or ACH transfer, is required to initiate services.
2. Payments for project-based services (e.g., web design, branding, app development) are non-refundable once work has commenced unless explicitly agreed in writing.
3. Subscription-based services (e.g., SEO, digital marketing retainers) are billed monthly or as agreed in your service contract. Refunds will not be issued for unused services within a billing cycle.
4. All fees are exclusive of taxes, levies, or duties. Clients are responsible for applicable taxes unless otherwise agreed in writing.
5. For mobile apps, B16 Digital will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. While there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate provider, there are no refunds under any circumstances.

Late Payments & Delays

1. All invoices are due within the timeframe listed on the invoice. Invoices unpaid after 7 days may incur a 5% late fee, which will continue every 15 calendar days the balance remains unpaid.
2. If a project is delayed more than 30 days solely due to client unresponsiveness, the remaining balance on the project becomes immediately due in full. Work may be paused until payment is received.

Intellectual Property and Usage Rights

1. Copyright and Content Ownership:
   • All B16 Digital content included on its site, its software, and through the service is the property of B16 Digital and is protected by Florida and international intellectual property laws.
2. Deliverables Ownership:
   • Up-front build options (e.g., full WordPress websites, mobile apps, branding): Upon full payment, clients receive ownership rights to final deliverables, excluding pre-existing tools, templates, or proprietary software used by B16 Digital.
   • Monthly flat rate promotional options (with no upfront build fee): B16 Digital retains ownership of the website or mobile app for the first 12 months. After 12 months, full ownership transfers to the client. If the client cancels before 12 months, the site/app may be taken offline unless the remaining balance of the 12-month contract is paid.
3. B16 Digital does not claim ownership over client-provided content (e.g., logos, photos, copy).
4. Certain deliverables may include third-party tools or integrations. Clients are responsible for acquiring any licenses or subscriptions needed.

Cancellation and Termination

1. Service cancellation must be submitted in writing to [email protected]. Cancellations by phone, text, or other informal methods are not valid.
2. Upon cancellation, all work will cease. Any unpaid fees for work performed must be settled immediately. Content associated with your project may be deleted unless otherwise arranged.
3. B16 Digital reserves the right to terminate services for non-payment, repeated unresponsiveness, or breach of these terms.

Confidentiality and Portfolio Rights

1. Both parties agree to maintain the confidentiality of proprietary or sensitive information shared during the engagement.
2. B16 Digital may feature non-sensitive aspects of completed work (e.g., homepage visuals, branding elements) in its portfolio or case studies unless otherwise prohibited by written agreement.

Force Majeure

B16 Digital is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, government restrictions, labor strikes, or internet outages.

Warranty and Liability Disclaimer

1. Services are provided on an “as-is” and “as-available” basis. B16 Digital makes no guarantees regarding specific outcomes such as search engine rankings, traffic increases, or revenue improvements.
2. B16 Digital is not liable for any direct, indirect, incidental, or consequential damages resulting from the use of its services.

Governing Law and Disputes

These Terms & Conditions are governed by the laws of the State of Florida, USA. Any legal action related to these Terms shall be brought in a court of competent jurisdiction located in Duval County, Florida.

We encourage all clients to raise concerns directly with us so we may resolve disputes amicably.

Contact Information & Disclaimer

B16 Digital is a DBA of 1021 Enterprises LLC, a company registered in the State of Florida. All legal agreements, invoices, and transactions are the responsibility of 1021 Enterprises LLC.

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