Terms and Conditions
Effective Date: May 1, 2025
These Terms and Conditions ("Agreement") govern all services provided by BurnsBuilt ("we," "us," or "our") to any client ("Client" or "you") who engages us for website development, business automation, or related services. By signing a project proposal, paying an invoice, or otherwise engaging our services, you agree to be bound by this Agreement.
1. Scope of Services
1.1 Website Development
BurnsBuilt designs and builds websites for small businesses. Standard deliverables include a mobile-responsive site with up to the number of pages specified in your project proposal, basic on-page SEO setup, contact forms, and one round of post-launch revisions. Deliverables are defined in the signed proposal for each engagement. Anything not listed in the proposal is out of scope and subject to a separate quote.
1.2 Business Automation
BurnsBuilt builds automated workflows that connect software applications, reduce manual tasks, and improve operational efficiency. Deliverables include the workflows, integrations, and documentation specified in the signed proposal. Automations are built for the specific tools and platforms identified at project kickoff. Changes to those tools or platforms after work has begun may require additional fees.
1.3 Bundled Projects
When a Client engages BurnsBuilt for both website development and business automation, each service area retains its own scope, timeline, and deliverables as defined in a single combined proposal or two separate proposals. Bundled pricing, where offered, applies only when both services proceed simultaneously under the same engagement.
2. Project Process and Client Responsibilities
2.1 Kickoff
After payment of the setup fee (or first installment as specified in your proposal), BurnsBuilt will schedule a kickoff meeting to confirm project goals, deliverables, timelines, and technical requirements. The project clock starts on the date of the kickoff meeting. Delays caused by the Client's failure to schedule or attend the kickoff will extend the timeline accordingly and do not entitle the Client to a refund.
2.2 Content and Access
The Client is responsible for providing all content needed to complete the project, including but not limited to: text copy, logos and brand assets, photos and videos, login credentials for relevant platforms, and access to any third-party tools or accounts. Content must be provided within 7 calendar days of the kickoff meeting unless a different deadline is agreed upon in writing. BurnsBuilt is not responsible for delays caused by late or incomplete content delivery. If content is not received within 14 calendar days of the agreed deadline, the project may be paused and reactivated only upon receipt of outstanding content and a $75 restart fee.
2.3 Revisions
Each project includes the number of revision rounds specified in the proposal. A revision round is a single consolidated set of requested changes delivered to BurnsBuilt at one time. Additional revision rounds beyond those included in the proposal are billed at $75 per round for website projects and at our standard hourly rate (minimum $50/hour) for automation projects. Revision requests must be submitted within 14 calendar days of the deliverable being shared with the Client. Requests submitted after this window will be treated as new work and quoted separately.
2.4 Approval and Launch
Before any website goes live or any automation is activated, the Client must provide written approval (email is acceptable). By providing approval, the Client confirms that all deliverables meet the agreed-upon scope and are ready for launch. BurnsBuilt is not liable for errors, omissions, or issues discovered after Client approval has been given. If the Client does not respond to a launch-ready notification within 14 calendar days, BurnsBuilt may proceed with launch and the project will be considered complete.
3. Billing and Payment
3.1 One-Time Project Fees
All one-time setup fees are due as specified in the signed proposal. For projects under $500, full payment is due before work begins. For projects of $500 or more, a 50% deposit is due before work begins and the remaining 50% is due upon delivery of the final draft for Client review. BurnsBuilt will not launch a website or activate an automation until all outstanding balances are paid in full.
3.2 Recurring Monthly Fees
Monthly fees cover ongoing services such as website hosting, maintenance, updates, or automation monitoring as specified in the proposal. Monthly fees are billed on the same date each month beginning on the launch date or activation date of the applicable service. The first month's fee is due at project launch. Monthly fees are non-refundable once the billing period has begun.
3.3 Payment Methods
BurnsBuilt accepts payment via Venmo, Zelle, check, or such other methods as may be communicated in the invoice. All amounts are in U.S. dollars. Clients outside the United States are responsible for any currency conversion fees or international transfer fees.
3.4 Late Payments
Invoices are due within 7 calendar days of the invoice date unless otherwise specified. Balances unpaid after 7 days are subject to a late fee of $25 plus 1.5% of the outstanding balance per month (or the maximum rate permitted by Texas law, whichever is less). BurnsBuilt reserves the right to suspend or terminate services for accounts more than 14 days past due. The Client remains responsible for all fees incurred prior to suspension. BurnsBuilt also reserves the right to pursue collection through any lawful means, including small claims court, and the Client agrees to reimburse BurnsBuilt for reasonable costs of collection.
3.5 Price Changes
BurnsBuilt may adjust recurring monthly fees with 30 days' written notice to the Client. One-time project fees are locked in at the time of proposal acceptance and do not change unless the project scope changes.
4. Cancellations and Refunds
4.1 Project Cancellation by Client
If the Client cancels a project after work has begun, the deposit is non-refundable. If work has progressed beyond 50% of the agreed scope (as reasonably determined by BurnsBuilt), the Client owes the full project fee. BurnsBuilt will deliver all completed work product to the Client upon receipt of any outstanding balance.
4.2 Project Cancellation by BurnsBuilt
BurnsBuilt reserves the right to cancel a project if the Client fails to provide required content or access within the timeframes described in Section 2.2, fails to make timely payments as described in Section 3.4, engages in abusive, threatening, or disrespectful behavior toward BurnsBuilt team members, or requests work that BurnsBuilt determines it cannot complete with quality. In such cases, BurnsBuilt will refund any amounts paid that correspond to work not yet performed, less a $100 administrative fee.
4.3 Monthly Subscription Cancellation
The Client may cancel recurring monthly services at any time by providing written notice at least 7 calendar days before the next billing date. Cancellation takes effect at the end of the current billing period. No prorated refunds are issued for partial months. Upon cancellation, BurnsBuilt will provide the Client with reasonable access to export their data and content for a period of 14 days, after which BurnsBuilt may decommission the related services.
5. Intellectual Property and Ownership
5.1 Client Content
The Client retains full ownership of all content, materials, logos, photographs, and other assets provided to BurnsBuilt for use in the project. The Client represents and warrants that it has the right to use and share all such materials and that their use by BurnsBuilt will not infringe upon any third-party rights.
5.2 Deliverables
Upon receipt of full payment for the project, BurnsBuilt assigns to the Client all rights, title, and interest in the final deliverables specific to that project, including website design files and automation workflow configurations. "Final deliverables" means the work product specifically created for and delivered to the Client, not general tools, frameworks, or reusable components.
5.3 Third-Party Tools and Platforms
Many BurnsBuilt projects incorporate third-party software, platforms, plugins, or services (such as website builders, CRM tools, or automation platforms). The Client is responsible for understanding and complying with the terms of service of any such third-party tools. BurnsBuilt does not transfer ownership of third-party licenses and is not liable for changes, outages, or pricing decisions made by those third parties.
5.4 BurnsBuilt Portfolio Rights
Unless the Client requests otherwise in writing prior to project launch, BurnsBuilt reserves the right to display the completed work in its portfolio, case studies, and marketing materials. BurnsBuilt will not disclose confidential business information in any such display.
6. Hosting and Uptime
Where BurnsBuilt provides website hosting as part of a monthly service plan, we make commercially reasonable efforts to maintain reliable uptime. However, BurnsBuilt does not guarantee 100% uptime and is not responsible for outages caused by third-party hosting infrastructure, internet service providers, DNS propagation, force majeure events, or scheduled maintenance. BurnsBuilt will make reasonable efforts to notify the Client of planned maintenance in advance. Hosting services are subject to the terms of BurnsBuilt's underlying hosting providers, and BurnsBuilt reserves the right to migrate hosting environments as needed to maintain service quality. The Client's website files and data will be preserved during any such migrations.
7. Limitation of Liability
To the maximum extent permitted by applicable law, BurnsBuilt's total liability to the Client for any claim arising out of or related to this Agreement or the services provided hereunder shall not exceed the total amount paid by the Client to BurnsBuilt in the three months preceding the claim.
BurnsBuilt is not liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, even if BurnsBuilt has been advised of the possibility of such damages. BurnsBuilt is not liable for the Client's reliance on any automation or workflow to make business-critical decisions without independent verification.
8. Confidentiality
Each party agrees to keep confidential any non-public, proprietary, or sensitive information disclosed by the other party in connection with the project ("Confidential Information"). Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party before disclosure, or is required to be disclosed by law or court order.
BurnsBuilt will not share the Client's business data, customer information, or internal processes with any third party except as necessary to complete the project (for example, sharing access with a subcontractor under a similar confidentiality obligation). This obligation of confidentiality survives the termination of this Agreement.
9. Governing Law and Disputes
This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-law provisions. Both parties agree to attempt to resolve any dispute informally by contacting BurnsBuilt via the contact form at burnsbuilt.co/contact before pursuing formal action. If informal resolution fails, disputes shall be submitted to binding arbitration in Parker County, Texas, administered under the rules of the American Arbitration Association, except that either party may pursue claims in small claims court for disputes within that court's jurisdictional limit. The prevailing party in any dispute is entitled to recover reasonable attorneys' fees and costs.
10. Modifications to This Agreement
BurnsBuilt reserves the right to update these Terms and Conditions at any time. The current version will always be available at burnsbuilt.co. For existing clients under active monthly plans, changes take effect 30 days after notice is sent to the email address on file. Continued use of BurnsBuilt services after the effective date of any changes constitutes acceptance of the updated terms. For one-time projects, the version of this Agreement in effect at the time of proposal acceptance governs that project.
11. Acceptance
By paying a deposit or invoice, signing a proposal, or otherwise engaging BurnsBuilt's services, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions in their entirety. No other agreement, oral or written, supersedes this Agreement unless it is signed by an authorized representative of BurnsBuilt and expressly states that it modifies or replaces this Agreement.
If you have questions about these Terms and Conditions, please contact us through burnsbuilt.co before engaging our services.
Questions about these terms? Contact us or call (682) 999-9240.