Last updated on 08 Jun 2025
Welcome to Brandywine Web Services (“BWS”). We’re delighted that you’re considering—or have already engaged—our custom software development, cloud-architecture, and AI-integration services (collectively, the “Services”). Please review the following Terms & Conditions (“Terms”) carefully; they form a binding agreement between you (“Client,” “you,” or “your”) and Brandywine Web Services.
By signing a Statement of Work (“SOW”), clicking “I Agree,” or using any portion of the Services, you accept and agree to these Terms. If you do not agree, do not access or use the Services.
1.1 You must be at least 18 years old—and legally able to enter contracts—to create a Client portal account or execute an SOW with BWS.
1.2 You are responsible for maintaining the confidentiality of any credentials issued to you (e.g., portal log-ins, SSH keys, access tokens). All actions taken using your credentials are deemed authorized by you.
1.3 You agree to supply accurate information, respond promptly to project inquiries, and provide timely approvals so that project milestones can be met.
2.1 BWS provides professional services that may include—but are not limited to—UX design, web & mobile development, AWS architecture, data migrations, AI pipeline construction, and ongoing support.
2.2 Specific deliverables, timelines, and usage limitations (e.g., support hours, cloud spend caps) are detailed in each signed SOW. You agree to operate within those parameters unless amended in writing.
2.3 You will not misuse the Services to violate any law, infringe IP, or compromise security. BWS reserves the right to suspend access for behavior that, in our sole judgment, threatens the integrity of our infrastructure or reputation.
2.4 BWS may modify, suspend, or discontinue non-core features (e.g., beta utilities) with reasonable notice.
3.1 We handle all personal and project data in accordance with our Privacy Policy. By engaging us, you consent to such handling.
3.2 You grant BWS the limited right to process project data solely for the purpose of delivering, supporting, or improving the Services.
3.3 Aggregated and anonymized usage metrics may be used for internal analytics and case-study statistics.
4.1 Unless otherwise specified in the SOW, custom source code, configuration, and creative assets produced under a paid engagement become your property upon full payment.
4.2 BWS retains ownership of its pre-existing templates, libraries, and proprietary tooling, but grants you a perpetual, royalty-free license to use any such materials embedded in the deliverables.
4.3 You may not remove proprietary notices or re-sell BWS tooling outside the context of the delivered project without express written consent.
5.1 Fees, payment schedules, and any retainer requirements are set out in the SOW or Master Services Agreement (“MSA”).
5.2 Invoices are due within 15 days of receipt unless otherwise stated. Late payments may incur a 1.5 % monthly finance charge or the maximum rate permitted by law.
5.3 Except as expressly set forth in an SOW or our Refund Policy (if applicable), all payments are non-refundable.
6.1 BWS warrants that Services will be performed in a professional and workmanlike manner using reasonable care and skill.
6.2 EXCEPT FOR THE FOREGOING, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BWS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 IN NO EVENT SHALL BWS’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BWS FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.
8.1 Either party may terminate Services for material breach if the breach is not cured within 30 days of written notice.
8.2 Upon termination, you will pay for all Services rendered and accepted deliverables up to the effective termination date. Sections 3, 4, 6, 7, 9, and any payment obligations survive termination.
9.1 These Terms are governed by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to conflict-of-laws principles.
9.2 Any dispute arising out of or relating to these Terms shall first be mediated in good faith in Philadelphia County. If mediation fails, the dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association.
By engaging Brandywine Web Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. Questions? Email legal@brandywinewebservices.com.