Terms of Service
Updated 1/1/26
Overview
These Terms of Service and Terms and Conditions (“Terms”) apply to Brandability and its services, including (as applicable) custom goods and decoration services, website development, website hosting arrangements, and digital marketing/advertising services.
Certain provisions below reflect consolidated policies that were historically provided under the “Speedsquare” brand and are now administered by Brandability following Brandability’s acquisition of Speedsquare.
Credit Terms
Brandability will extend credit to clients if they meet our threshold criteria for granting credit. The base maximum credit is $8,000. The maximum credit can be expanded with the approval of our credit manager and/or CFO.
Payment terms are Prepayment in full, Payable on Receipt, Payable on Receipt with half down, and Net 30 Days. Net 30 Day terms are extended only to those clients with an approved credit application on file. If an approved credit application is not on file, the terms are automatically set to Prepayment in full, Payable on Receipt and/or Payable on Receipt with half down.
Credit Application Requirements
The client credit application must be completed in full for consideration of approval for credit terms. This includes the personal guaranteed portion of the credit application.
Credit Review & Adjustments
The Brandability Accounting Department will periodically review the payment history of existing clients to determine whether their existing credit levels are reasonable or need to be revised. The review will also be conducted whenever business conditions warrant a general retraction or expansion of credit levels.
Credit on Account & Expiration
All client credit on accounts will expire after a six (6) month period. If an overpayment is received, Brandability will apply the overpayment as a credit on account and notify the client. At the time of notification, the client can request a refund be made or request the credit on account remain. If the credit on account remains on file, it will be voided after a six (6) month period.
Payment Options
Brandability accepts ACH/Direct Deposits, Checks, and Credit Cards as forms of payment. Checks are received and processed at our corporate office located at 10501 Indiana Ave., Lubbock, TX, 79423.
ACH/Direct Deposits are an easy payment option. To learn more about this option, please reach out to our accounting department at moc.ytilibadnarb@gnitnuocca.
Brandability accepts all major credit cards. Please see our credit card policy below.
Credit Card Payments & Fees
Brandability accepts all major credit cards. Payment by credit card can be easily processed by the card holder. Brandability provides a secure online link which enables the client to safely pay open invoices online.
To make an online payment, please visit www.brandability.com and click on the Pay Invoice tab at the top right side of the landing page.
All credit card payments will incur a 3% processing fee.
Collection Policy
All invoices are expected to be paid in full in accordance with the client credit terms set by Brandability. If Brandability’s credit criteria have been met and 30-day net terms have been extended to the client, payment is expected no later than 30 days after the date of the invoice.
If payment has not been made within 30 days, a statement of account noting the past due invoice(s) will be sent to the client. Payment is expected within 5 days of receipt of a statement of account.
Collection attempts will continue until payment in full is received or the past due invoice(s) reaches 90 days. Past due invoice(s) that reach 90 days will be sent to a collection agency.
Returns
All orders completed by Brandability are custom orders. Due to the customization of each order, returns are only allowed on a limited basis. If an order was not received correctly, please notify your sales representative within five business days of receipt of your order.
Custom orders that have been approved by the client prior to ordering and received by the client as approved do not meet criteria for return.
Customer Supplied Goods
Customer supplied goods are designated as any product being submitted for decoration which was not purchased through Brandability. These orders will be accepted on a limited basis.
A customer supplied goods form must be signed by the client before any orders containing customer supplied goods are accepted. Brandability will not be responsible for the replacement of client’s customer supplied goods for any reason.
Website Hosting, Security & Data Privacy
Brandability does not host websites for clients on Brandability-owned servers. When developing or hosting a website for a client, Brandability may subscribe to website hosting services (including, historically, vendors such as Flywheel, WP Engine, and Cloudways) that allow Brandability to utilize dedicated environments to host websites on behalf of Brandability clients.
These vendors have their own Terms of Service which can be found via the vendors’ respective websites. As such, Brandability does not guarantee the stability, performance, or security of any website hosting technology provided by a third-party hosting vendor and will not be held liable for damages, outages, or malicious activity that may occur to a client’s website.
Brandability does not provide stress testing or perform services to uncover vulnerabilities for any website Brandability may develop. These services can be made available directly through Brandability’s website hosting partner.
Each website developed or maintained by Brandability for a client may include a Privacy Policy, Privacy Notice, or Terms of Service. Each client is responsible for providing or approving these policies so that they are accurate, appropriate, and reflect the client’s website and its nature. Brandability is not liable for the content, lack of content, publicly-available policies, or Terms of Service that may reside on a website developed by Brandability on behalf of a client.
Third-Party Platforms & Advertising Liability
Brandability uses online-based platforms to advertise on behalf of clients, such as Meta Business Suite, Google Ads, LinkedIn, or similar platforms. Brandabilitywill not be held liable for any slanderous commenting, outages, bugs, errors, or malicious activity that may occur on the ads or platforms themselves.
Client Data & Sensitive Information
Brandability may be provided customer-owned or customer-supplied data such as names and email addresses to perform certain marketing services such as email marketing or list-building for advertising audiences. This data may be uploaded to an online service to, in turn, deliver a service or product to a client or customer.
It is the client’s responsibility to ensure any data supplied to Brandability needed to perform a service does not violate any policies, terms, laws (e.g., HIPAA), ordinances, or the CAN-SPAM Act. Brandability will not be held liable for marketing practices or services using data that violates any policies, terms, laws (e.g., HIPAA),ordinances, or the CAN-SPAM Act.
Additionally, Brandability uses best practices and data security measures to the best of our knowledge to protect the data supplied to Brandability via a client.
Multi-Factor Authentication, Security & Credentials
Brandability utilizes and subscribes to cloud-based services and SaaS solutions to provide services that fulfill marketing services that Brandability is contracted to perform. Brandability and its employees may opt in for multi-factor authentication (MFA) where available for these services to provide additional security.
Additionally, Brandability and its employees utilize best practices for credential management needed for access to tools, platforms, and cloud-based solutions needed to perform certain tasks or provide services on behalf of clients. Brandability and its employees may utilize complex passwords or online-based credential vaults such as LastPass.
Search Engine Optimization Services, Website Hosting, and Content Management Systems
Brandability does not perform SEO services, make alterations to, or service websites for clients with websites hosted with any provider other than Brandability. Additionally, Brandability requires that clients’ websites be built on the WordPress content management system to be hosted within Brandability’s website hosting environment(s).
Digital Advertising
Brandability purchases advertising on behalf of the client via online ad platforms such as Meta Business Suite, Google Ads, LinkedIn, etc. These platforms are reviewed at the end of each month to determine an actual spend amount and invoiced to the client including any management fees for managing the campaign, ads, or account.
If payment is not received within the standard 30-day term noted on invoicing, Brandability may suspend any advertising until outstanding balances have been paid in full.
If any client’s account is deemed delinquent and suffers suspended advertising, but pays in full any outstanding balances, Brandability will address advertising reactivation on a case-by-case basis but does NOT guarantee that advertising will resume.
Advertising Accounts
Brandability’s advertising accounts with any online/digital advertising platform are proprietary to Brandability and are not transferable to any client upon termination of advertising services. This may include but is not limited to, Google Ads accounts, Facebook (Meta) advertising accounts, or other advertiser-specific platforms for digital media advertising.
Goods & Services
Each digital advertising platform has its own policies on the types of advertising and content allowed in advertisements. Brandability does not control these policies.
If any client’s advertising violates advertising policies due to the nature of a client’s product or service, it may result in the suspension of advertising which the client is responsible for remedying.
Website Training & User Profiles
Brandability does not include training as a part of website development projects. Additionally, if a client requests user access to the WordPress Admin Dashboard, Brandability does not include any tutorials or materials on operating WordPress, its features, functions, or theme alteration.
Website Plugins
Brandability may choose to use plugins on its websites developed for clients to achieve certain website functionality. These plugins may be developed by a third party and Brandability does not guarantee the functionality or stability of these.
Brandability’s hosting provider monitors plugin vulnerabilities as well as blacklisted plugins. If a client self-installs a plugin that is flagged for vulnerabilities or causes harm to a website, Brandability will invoice the client for any work needed to repair issues at the standard Web Development hourly rate.
ADA Compliance
Brandability cannot guarantee ADA Compliance for websites. Brandability is not an ADA compliance expert; however, Brandability interprets and follows the guidelines issued by ada.gov to the best of our ability.
Brandability may subscribe to services and tools that can provide surface-level warnings and recommendations in addition to general audits. These findings may be provided to the client for review and interpretation upon request.
It is the client’s responsibility to understand ADA Compliance guidelines and assume responsibility for meeting these guidelines. Once a website has been approved for go-live and public accessibility by the client, Brandability assumes the client has considered the risks of not conforming to ADA Compliance guidelines.
Post-launch Website Modifications
Before going live with any website, each client is allowed to review the website in full. This approval process allows each client to identify and communicate any corrections needed before going live.
Upon going live, Brandability provides a grace period of 7 days to make additional requests. Once this period has passed, Brandability may perform the work which may be billed at the standard Web Development hourly rate. Any post-launch changes must be within the original Scope of Work.
Client & Project Showcasing
We’re proud of the work we do. Brandability may choose to showcase client work that is or was publicly accessible and the identities of clients we serve or have served as a form of accreditation.
Termination
Monthly services proposed in this Agreement may be terminated by either party for reasons stated in these Terms or in written form with 30 days’ notice. Directory listings may be canceled with 30-days’ notice after 90 days from the start of the subscription.
Payments, Terms, Invoicing, and Pricing
Brandability’s terms for payment are NET 30 days. If payment is not received within 30 days from the issue date of an invoice, Brandability may cease all services.
If a client falls in bad standing from late or no payment for website hosting, Brandability may discontinue hosting at any time, resulting in loss of services depending on the functionality of a client’s website. Brandability is not liable for any revenue loss that may depend on an active website.
Brandability does not guarantee that any monthly services will be reactivated upon receiving payment for outstanding balances, in which case Brandability will notify the client of any interruptions, possible issues, or permanently discontinued services.
Estimates and proposals containing pricing are valid for 30 days from the date sent to the client or prospective customer.
Social Media Accounts
Brandability does not create social media accounts on behalf of the client. However, Brandability may assist clients with certain social media profile updates and changes via an “Agency Request” which must be granted by the client to perform any updates on behalf of the client.
Additionally, Brandability does not work directly with social media platforms to remedy any issues regarding account suspension, lost passwords, or other circumstances for which the social media account owner is responsible.