Acceptance
By using this website you agree to these terms. Engaging us to design, build or operate a system also requires a written statement of work (“SOW”) signed by both parties; where an SOW and these terms conflict, the SOW controls for that engagement.
“We”, “us” and “the company” mean Bright Enterprises Technology. “You” means the person or business using the site or engaging us.
Services and statements of work
- Each engagement is defined in an SOW: the scope, deliverables, timeline, fees and acceptance criteria.
- Work outside the SOW is scoped and priced as a written change order before it starts.
- Timelines depend on your timely access, information and approvals; delays on your side extend them accordingly.
- You must be at least 18 and authorized to act for the business you represent.
Fees and payment
- Fees are stated in the SOW and invoiced on the schedule it sets. Invoices are due as stated on them.
- We may pause work while an undisputed invoice is overdue.
- Fees for recurring services may change with at least 30 days’ written notice; the change applies from the next billing period.
- Fees for work already performed are not refundable unless the SOW says otherwise.
Your responsibilities
- Provide accurate information and timely access to the systems, data and people the SOW requires.
- Confirm that you have the right to give us access to any system or data you provide.
- Use any system we deliver lawfully. If a system sends messages, places calls, records conversations or processes personal data, obtaining the consents and giving the notices the law requires is your responsibility, including under the TCPA, state telemarketing laws, the CAN-SPAM Act and applicable privacy laws.
- Review the output of any AI component before relying on it for a consequential decision.
Third-party platforms and AI providers
Systems we build commonly run on third-party cloud, communications and AI-model platforms named in the SOW. Their terms apply to your use of them, their fees may be billed to you directly, and we do not control their availability, pricing or changes. AI components produce probabilistic output: it can be incomplete or wrong, and every system we deliver is designed with human review and escalation for that reason.
Intellectual property
- On payment in full, you own the deliverables created specifically for you under the SOW.
- We retain ownership of our pre-existing tools, frameworks, components, know-how and anything of general application we develop during the engagement, and grant you a perpetual, non-exclusive license to use them as part of your deliverables.
- Third-party and open-source components remain subject to their own licenses.
- This website and its content are our property.
Confidentiality
Each party will keep the other’s non-public business, technical and financial information confidential, use it only for the engagement, and protect it with reasonable care, for the term of the engagement and three years after. This does not cover information that is public, already known, independently developed, or required to be disclosed by law.
Acceptable use
You may not use this site or any system we deliver to break the law, to send unsolicited or unlawful communications, to infringe anyone’s rights, or to attempt to access systems or data you are not authorized to access. You may not resell or sublicense a system we build for you without our written consent unless the SOW permits it.
Warranties and disclaimers
We will perform services in a professional and workmanlike manner and deliverables will materially conform to the SOW at acceptance. Otherwise the site, services and deliverables are provided “as is” and “as available” without warranty of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee any particular business result, revenue, ranking, response rate, or uptime unless an SOW states a specific service level.
Limitation of liability
To the fullest extent permitted by law, our total liability arising from the site, the services or any deliverable is capped at the fees you paid us in the three months before the claim. We are not liable for indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits, revenue or data, in any case.
Indemnification
You will indemnify, defend and hold harmless the company and its officers from any claim, penalty, fine, damage, cost or expense, including reasonable attorneys’ fees, arising from your use of the site or of any system or deliverable, from data or instructions you provide, or from your breach of these terms or an SOW — including any claim under the TCPA, any state telemarketing statute, the CAN-SPAM Act, or any privacy or consumer-protection law.
Termination
Either party may terminate an engagement as the SOW provides, or on written notice if the other party materially breaches and does not cure within 30 days. Fees for work performed to the termination date are due. Sections on fees, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification and governing law survive termination.
Governing law and disputes
These terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules. Any dispute will be brought in the state or federal courts located in Pennsylvania, and you consent to their jurisdiction.
Changes to these terms
We may update these terms. The version number at the top changes when we do, and material changes are notified to active clients by email. Continued use of the site after a change is acceptance of the new terms; an engagement already under way stays on the version in force when its SOW was signed. Previous versions are available on request at support@brightenterprisestech.com.