Acceptance of Terms

By accessing this website, requesting a consultation, or engaging Balance Accounting Digital Agency ("we," "us," or "our") for services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our website or services.

These terms apply to all visitors, users, and clients who access or use our services. We reserve the right to update or modify these terms at any time without prior notice. Your continued use of the website following any changes constitutes acceptance of those changes.

Definitions

For the purposes of these Terms and Conditions:

• "Client" means any individual or entity that engages Balance Accounting for professional services.
• "Deliverables" means the final digital products, designs, code, documents, or other materials produced by Balance Accounting under a service agreement.
• "Intellectual Property" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
• "Project" means the specific scope of work agreed upon between Balance Accounting and the Client in a signed proposal or statement of work.
• "Website" means the Balance Accounting Digital Agency website accessible at Balance Accounting.agency and its subdomains.

Services Description

Balance Accounting Digital Agency provides professional digital services including, but not limited to, web design and development, user experience (UX) design, brand identity, digital strategy, technical consulting, and ongoing maintenance and support.

The specific scope, timeline, deliverables, and fees for each engagement are defined in a separate written proposal, statement of work, or service agreement signed by both parties. In the event of a conflict between these Terms and a signed agreement, the signed agreement shall prevail.

Client Obligations

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

• Provide accurate, complete, and timely information, assets, and feedback necessary for project completion.
• Appoint a single point of contact authorized to make decisions and approve deliverables on behalf of the Client.
• Review and respond to deliverables, requests, and communications within the timeframes specified in the project agreement.
• Ensure that all materials provided to Balance Accounting do not infringe upon the intellectual property rights of any third party.
• Make payments in accordance with the agreed-upon schedule and terms outlined in the project proposal or invoice.

Failure to meet these obligations may result in project delays, additional fees, or termination of the agreement.

Intellectual Property

Upon full and final payment of all project fees, Balance Accounting assigns to the Client all rights, title, and interest in the final Deliverables specifically created for the Client under the project agreement, excluding Balance Accounting's pre-existing intellectual property, proprietary tools, frameworks, and general methodologies.

Until full payment is received, Balance Accounting retains all intellectual property rights in the Deliverables. Balance Accounting reserves the right to display completed work in our portfolio, case studies, and marketing materials unless otherwise agreed in writing by both parties.

The Client warrants that they own or have secured appropriate licenses for all content, images, logos, trademarks, and other materials provided to Balance Accounting for use in the project.

Payment Terms

Fees for services are outlined in the project proposal or service agreement. Unless otherwise specified:

• A non-refundable deposit, typically 50% of the total project fee, is due upon execution of the agreement to commence work.
• Subsequent invoices are issued according to the milestone schedule defined in the proposal.
• Payment is due within 14 days of the invoice date unless a different term is agreed upon in writing.
• Late payments may incur a service charge of 1.5% per month on the outstanding balance.

All fees are quoted and payable in the currency specified in the invoice. The Client is responsible for any applicable taxes, duties, or transfer fees.

Confidentiality

Both parties agree to maintain the confidentiality of all proprietary, sensitive, or non-public information disclosed during the course of the engagement. This obligation survives the termination of the agreement for a period of three years.

Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these terms; (b) was rightfully known to the receiving party prior to disclosure; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law or court order.

Limitation of Liability

To the maximum extent permitted by applicable law, Balance Accounting and its directors, employees, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

Our total aggregate liability arising out of or relating to these terms or any services provided shall not exceed the total amount paid by the Client to Balance Accounting in the twelve (12) months preceding the event giving rise to liability.

Termination

Either party may terminate a service agreement by providing written notice if the other party materially breaches the agreement and fails to cure such breach within 30 days of receiving written notice.

Balance Accounting may terminate or suspend access to the website or services immediately, without prior notice, for conduct that we believe violates these terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

Upon termination, all provisions which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of or related to these terms or the services provided shall be instituted exclusively in the federal or state courts located in San Francisco County, California. Both parties consent to the jurisdiction and venue of these courts.

Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these terms, the parties agree first to attempt to resolve the matter informally through good-faith negotiation.

If the dispute cannot be resolved informally within 30 days, the parties agree to submit the dispute to binding arbitration under the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and the arbitrator's decision shall be final and binding.

Changes to These Terms

We may revise these Terms and Conditions from time to time at our sole discretion. The most current version will always be posted on this page with the "Last Updated" date.

It is your responsibility to review these terms periodically for changes. Your continued use of the website or services after any modifications constitutes acceptance of the revised terms.