Terms of Service

1. Who we are and contact information

The Brandsite brand and the brandsite.ge website belong to an individual entrepreneur registered in Georgia. In accordance with Article 4 of the Law of Georgia on Electronic Commerce, we provide you with our full details.

Our legal form and name is Individual Entrepreneur [Name Surname], identification number in the Registry of Entrepreneurs: [identification number], legal address: [Registered address], Tbilisi, Georgia. To contact us, you can use email: info@brandsite.ge or phone: [+995 ტელეფონი]. Our primary communication channel is WhatsApp.

2. Definition of terms

The terms used in these conditions have the following meanings:

• Client: any natural or legal person who orders our services;
• Consumer: a natural person who acquires services for personal, private purposes and is covered by the Law of Georgia on the Protection of Consumer Rights;
• Site: the website created for the client;
• admin panel: a system where the client can independently change the content of the site;
• Site care: a subscription service for the technical support of the site;
• Additional service: any other service that is not included in the main packages.

3. What we offer

We create websites for businesses such as cafes, shops, tattoo and piercing studios, and others. Each site comes with an admin panel where you can change prices, menus, photos, and working hours yourself.

Our main packages are: Starter, Character, and Signature. All packages include the domain and hosting for the first year. The domain is registered in your name or transferred to you. From the second year, you pay the domain renewal fee at the registrar's price.

We also offer an additional service: A game for your brand, which is a browser game for your brand. This service is not included in the main packages and is priced separately.

4. Prices and launch offer conditions

All prices are given in GEL and include all taxes required by law. Package prices are: Starter ₾490, Character ₾790, Signature from ₾990. The price of the game starts from ₾350. Installment payments are not currently available.

In compliance with the requirements of Article 5 of the Law of Georgia on Electronic Commerce, we inform you of the launch offer conditions. The prices published on the website are launch prices and apply only to the first 10 clients. The crossed out regular prices are ₾690, ₾990, and ₾1,290 respectively. The offer ends after the 10th order confirmed by advance payment or by our decision, after which the regular price will apply to new orders. The agreed price for an already confirmed order does not change.

The published prices are promotional. The final scope, price, and terms are agreed upon in writing before the order.

5. Ordering and conclusion of the agreement

The ordering process takes place through correspondence, mainly via WhatsApp or email. The agreement is considered concluded after we agree in writing on the scope of services, price, and terms, and you pay 50 percent in advance.

We will send you the agreed conditions in writing so that you can store the agreement electronically.

6. Payment terms

Payment is made by bank transfer. Before starting the work, you pay 50 percent of the agreed amount. The remaining 50 percent is paid before the site is launched, after you see the finished site and confirm it.

The site is not published publicly until full payment is made.

7. Terms and the client's obligation to cooperate

The estimated terms are: about 10 days for the Starter package, about 3 weeks for the Character package, and from 4 weeks for the Signature package. The countdown of the term begins from the moment you provide all the necessary materials.

If you delay providing materials or responding, the deadline for completing the work is extended accordingly. If you do not provide us with the material or do not respond to us within 60 days, we have the right to consider the order suspended or completed. In such a case, the 50 percent paid in advance covers the work already performed.

8. Revisions and acceptance

The agreed price includes 2 rounds of revisions on the design and 2 rounds on the finished site, within the agreed scope. Additional revisions are priced separately.

The site is considered accepted with your written confirmation. If you do not respond to us and do not indicate a material defect within 7 days of receiving the acceptance notification, the site will be considered accepted as soon as this period expires.

9. Client's material and legal compliance

You are responsible for all materials provided for the site. Your material remains your property. You guarantee that you have the full right to use the provided photos, logos, texts, and other information.

You are also fully responsible for the legal compliance of your own business and the information placed on the site, including regarding prices, menus, allergens, promotions, licenses, obligations to your own consumers, and your own privacy policy. We can post your legal texts, but we do not provide legal advice.

In the event of a claim related to the infringement of rights by a third party, you are obliged to compensate for any damage that we may suffer.

10. Hosting and Site care

The price of all packages includes hosting for 12 months from the launch of the site, regardless of the Site care subscription. From the 13th month, hosting continues only with an active Site care subscription, or you can transfer the site to another hosting with our help.

Site care is a subscription service, the cost of which is ₾49 per month. The first 3 months from launch are free. Site care includes hosting from the 13th month, backups, security updates, and a reasonable volume of minor changes by us, for example, changing text, a photo, or a price. Adding a new page or feature is priced separately.

The amount is paid monthly in advance. You can cancel the subscription at any time, which takes effect at the end of the current paid month. The amount for the paid month is not refunded.

Upon termination of Site care, at your request, we will transfer a full copy of the site, code, and content to you within 30 days, and we will help you transfer it to another hosting. After this period expires, the hosting is terminated.

11. Defect correction and scope of warranty

We correct technical defects reported within 30 days of the site's launch that do not correspond to the agreed scope for free. After this period expires, defect correction is included in the Site care service or is priced separately. This rule does not apply to defects caused by changes made by you from the admin panel or by changes in third-party services.

We do not provide other types of warranties, including no warranty for improving positions in search engines, for example in Google, or for increasing sales.

12. Intellectual property

Intellectual property rights to the individual design and content of the site are transferred to you only from the moment of full payment. Until full payment, all rights remain with us.

After full payment, you are also granted a perpetual and non-exclusive license to the site's code for use for your own business. Transferring these rights to another person is permitted only in the event of the sale of your business.

Third-party components used on the site, such as fonts and software libraries, are subject to their own licensing terms. We reserve the right to pre-existing components, tools, the base code of the admin panel, and professional knowledge, which we may also use in other projects.

13. Portfolio and live demo

We reserve the right to show your site in our portfolio, on social networks, and on brandsite.ge, including as a live embedded demo, screenshots, and video recordings.

You can refuse this right at any time. In case of refusal, we will remove your site from our materials within 7 days.

14. Subcontractors and transfer of rights

We have the right to use subcontractors to perform the services, for example, an illustrator or a developer. In such a case, we take full responsibility for the work performed by them and ensure their compliance with confidentiality.

The client does not have the right to transfer the rights and obligations provided by this agreement to a third party without our prior written consent, except in the case of the sale of the business.

15. Third-party services and availability

We use reliable third-party providers: Vercel for hosting and Cloudflare for domain and network management. Although we try to ensure maximum availability, there is no 100 percent guarantee, as scheduled maintenance or disruptions by third-party providers may occur.

16. Data protection and confidentiality

The processing of your personal data takes place in accordance with our privacy policy. The supervisory authority in the field of personal data protection is the State Audit Office of Georgia. If your site collects the data of your consumers, you are the controller for this data, and we are the processor. This relationship is governed by the data processing terms.

Both parties undertake the obligation to protect the confidentiality of commercial and technical information received from the other party. The confidentiality obligation remains in force during the term of the agreement and for 2 years after its termination. This obligation does not apply to publicly available information and to cases where the disclosure of information is required by law.

17. Termination and suspension of the agreement

The client can terminate the agreement at any time, as a result of which financial matters will be settled in accordance with our refund policy.

We have the right to terminate the agreement on our initiative in the event of a material breach of the conditions by you, if the breach is not corrected within 10 days of our written warning, or if illegal content is placed on the site.

In the event of non-payment, specifically the non-payment of the Site care fee, we reserve the right to suspend the operation of the site after a 14-day prior warning.

18. Limitation of liability and force majeure

Our liability for any damage is limited to the amount paid by you for the specific order or for Site care during the last 12 months. We are not liable for indirect damage or lost income.

This limitation does not apply to cases of intent or gross negligence, as well as to cases where the mandatory norms of the law prevail and prohibit the limitation of liability.

The parties are released from liability during force majeure events.

19. Consumer rights

If you are a natural person and acquire services for personal purposes, you are covered by the Law of Georgia on the Protection of Consumer Rights (1455-VIII, 29.03.2022). The mandatory norms of the law prevail over the conditions of this agreement.

According to Article 13 of the law, you have the right to withdraw from a distance contract without indicating any grounds within 14 calendar days. In the case of services, this period is calculated from the day the agreement is concluded. In case of withdrawal, the amount will be refunded to you within 14 days by the same means.

In accordance with Article 14(2) of the law, the right of withdrawal does not apply in the following exceptional cases:

• The service has been fully performed, or the performance began with your prior consent and acknowledgment that you will lose the right of withdrawal upon full performance;
• The service is made to your specifications or is clearly personalized, which is the specific nature of our services.

To start the work during this period, we require written confirmation from you via WhatsApp or email that you request the start of the work before the expiration of the 14-day period and acknowledge that you will lose the right of withdrawal upon full performance of the services. Without this confirmation, we start the work only after 14 days have passed. If you withdraw before this confirmation, the amount will be fully refunded to you. The standard withdrawal form is located in our refund policy. If you have a complaint, you can apply to the Georgian Competition and Consumer Agency, a court, arbitration, or mediation.

20. Amendment of conditions and final provisions

We may update these conditions. Agreements already concluded will be governed by the old conditions existing at the time of the order. In the event of a material change to the Site care subscription conditions, we will warn you 30 days in advance, and you will have the right to cancel the subscription.

Any official notification, including those sent via WhatsApp or email, is considered a written notification. The Georgian version of the agreement prevails over any other language version.

This agreement is governed by the legislation of Georgia. In the event of a dispute, the parties will try to resolve it through negotiation. In case of disagreement, the dispute will be heard by the Tbilisi City Court, and the consumer can use alternative mechanisms provided by law.

If any clause of this agreement is declared invalid, this does not invalidate the other clauses. This document, together with the written agreement of the order, constitutes the entire agreement between the parties. In case of a conflict, preference is given to the written agreement on the specific order.