TERMS OF USE, SERVICE/REFUND POLICY
PLEASE READ THE FOLLOWING TERMS OF USE OF SOFTWARE, WEBSITE, PRODUCTS AND SERVICES, AND DISCLAIMERS CAREFULLY BEFORE USING IWAVE CONTENT MANAGEMENT SYSTEM, OUR PRODUCTS, SERVICES, OR THIS WEBSITE PURSUANT OF ALL ORIGINAL SIGNED AGREEMENTS. CLIENTS USING BROADWAVE STUDIOS INC DBA BROADWAVE AGENCY SERVICES ARE BOUND BY THESE TERMS AND CONDITIONS DURING ALL AND ANY WORK CONDUCTED.
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Signed Contract and Payment terms
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1. Third-Party Costs
Broadwave Agency estimates may not cover all potential costs. Third-party expenses (e.g., audio, photography, copywriting, printing, custom graphics) may arise and are subject to change based on supplier charges. These costs will be billed directly to the client or handled by Broadwave Agency with a 15% coordination fee.
2. Coordination Fee
For client-approved work or change orders, a 15% coordination fee applies to all third-party costs, including printing, photography, and professional services.
3. Change Orders
Estimates represent anticipated project costs. Any adjustments, new requirements, or extended work will be submitted as change orders with an updated budget and scope.
4. Fonts and Clip Art
Fonts and clip art are used to comply with the manufacturer’s license agreements. Special items will be purchased through the client or passed as third-party costs.
5. Intellectual Property and Copyright
All intellectual property created for the client becomes their property upon full payment. Broadwave Agency ensures that third-party licenses are secured and personnel waive moral rights to the client’s content. Broadwave acquires no rights to client-owned intellectual property.
6. Trade Secrets
Any proprietary coding, custom programming, or software developed remains the property of Broadwave Studios Inc DBA Broadwave Agency unless otherwise negotiated. The product will meet the agreed functional specifications.
7. Client Requirements
Clients must supply all text, images, and data in the required formats. If materials are not provided as requested, additional hours may be billed.
8. Travel Expenses
Travel expenses, when applicable, will be forwarded to the client. Air travel, accommodation, and car rentals will be billed at cost, with mileage billed at $0.25 per mile.
9. Cancellation Fee
If the client cancels a project, a fee of 25% and 85% of the estimated cost will apply, depending on the percentage of work completed.
10. Warranty of Deliverables
Products are guaranteed for 90 days post-delivery. Broadwave Agency is not responsible for defects after this period or if the client or third parties make changes.
11. Disputes on Goods or Services
Discrepancies must be reported within 15 days of receiving an invoice. Disputed goods must be returned to Broadwave Agency until the matter is resolved.
12. Payment Terms
Payment is due 50% upon project initiation and the balance upon completion. Late payments may incur a 2.5% interest charge per month. Estimates are valid for 30 days, and progress billing may be applied for delays.
13. Timeline and Delays
Clients are required to provide timely feedback. Delays of more than 4 business days may incur a 1.25% daily fee of the total project cost until feedback is received. This fee must be paid before work continues. Exchange rate fluctuations for U.S.-based projects may be passed on to the client.
14. Limitation of Liability
Broadwave Agency’s liability for any claims arising from this agreement shall not exceed the total amount paid by the client. Broadwave will not be responsible for any indirect, incidental, or consequential damages resulting from the project or its delay.
15. Force Majeure
Broadwave Agency shall not be liable for delays or failure to perform due to circumstances beyond its reasonable control, including natural disasters, strikes, wars, or government regulations.
16. Ownership of Pre-Existing Materials
Broadwave retains ownership of any proprietary tools, software, or methodologies used in the project but not explicitly created for the client. The client will receive the agreed-upon deliverables that meet the functional requirements.
17. Non-Solicitation
Both parties agree not to solicit or hire each other’s employees or contractors for 12 months following the completion of the project unless written consent is provided.
Additional Service Fees:
Additional Work (hourly rate for design)
$175.00/hr
Additional Work (hourly rate for programming)
$175.00/hr
Additional Work (hourly rate for SEO)
$175.00/hr
Hosting, software upgrades, support, and minor adjustments to SEO
$99 - $150 per month, depending on the CMS version.
Copies of Website Archive Retrieval
$145/hr (usually only one hour)
Credit Card Fees and Additional Charges
Clients are responsible for all credit card processing fees incurred during transactions with Broadwave Studios. These fees will be billed as an additional charge separate from the service fees. Any applicable credit card processing fees will also be deducted from the refunded amount in the event of a refund. Broadwave Studios is not responsible for paying or reimbursing any credit card service fees or related currency conversion fees associated with payments or refunds.
Please Note: Broadwave Agency estimates are the anticipated costs based on the known criteria and our professional experience. Proposals that have broken down costs are for project management purposes only, and the total estimate once we have exhausted all accounted-for hours, the actual official estimate will be adhered to. Some projects do not use the estimated hours, and some require more hours to complete to the client’s satisfaction. Any additional work, design, programming, or labor related to the project will be addressed in a new proposal for further work. We are an organization that is compensated for its time and bill for all hours invested into the project up to a maximum of the approved estimate based on the agreed upon project scope. If the client’s requirements or objectives change during the project requiring additional hours, we will notify the client and either revise the estimate or provide a further estimate to be added to the project total invoice. Please review our full terms of use and conditions.
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Refund Policy
At Broadwave Agency, we operate on a time-and-materials basis, where all work is performed and billed by the hour according to the agreed-upon estimates outlined in our proposals. Please note the following terms regarding refunds and billing:
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Non-Refundable Services
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All hours incurred during the project are non-refundable. Once time has been invested and work performed, no refunds will be issued for those efforts, regardless of the final outcome.
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Estimates and Actual Work Hours
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Any estimates provided are projections based on the scope and requirements discussed at the proposal stage. While we strive to adhere to these estimates, actual hours may vary based on project needs, unforeseen challenges, or additional requests. All billed hours reflect the actual time spent on the project.
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Billing and Payment Obligations
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Clients are responsible for paying all invoiced hours and whether or not the final product meets subjective expectations. Since we charge for our time and expertise, once work is performed, it remains billable.
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Cancellation of Services
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If a project is canceled mid-stream, the client remains responsible for all hours worked up to the cancellation date. Any outstanding invoices will be due according to the terms outlined in the agreement.
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Changes to Scope or Requirements
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Adjustments to the original project scope may affect the estimated hours and total cost. Additional work requested outside the scope will be billed at the agreed hourly rate and is subject to the same non-refundable policy.
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Disputed Invoices or Billing
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Any disputes related to billing must be raised within ten business days of the invoice date. We will review the hours and tasks logged but do not guarantee refunds for time already spent.
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Payment Processing Fees
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Broadwave Studios Inc. applies the following payment processing fees in addition to time and materials charges for transactions:
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Credit/Debit Card (excluding American Express): 2.9% of the transaction amount + $0.30 USD
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Apple Pay / Google Pay (excluding American Express): 2.9% of the transaction amount + $0.30 USD
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American Express Credit Card (including use via Apple Pay & Google Pay): 3.7% of the transaction amount + $0.30 USD
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Manual Card Entry via Payment Portal: 3.5% of the transaction amount + $0.30 USD
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American Express Manual Card Entry: 4.3% of the transaction amount + $0.30 USD
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Afterpay / Affirm: 6% of the transaction amount + $0.30 USD​
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Late Payment Policy
Unless otherwise specified, invoices are due within 30 days of the issue date. Broadwave Studios reserves the right to charge a monthly late fee of 2.5% of the outstanding balance if payment is not received by the due date. This interest will accrue monthly until the outstanding balance is paid in full.
If payment remains overdue for more than 45 days, Broadwave Studios reserves the right to suspend all ongoing work and withhold deliverables until the account is brought current. Clients will be responsible for additional fees incurred for reinstating work after suspension.
Broadwave Studios also reserves the right to pursue collection of unpaid balances through third-party collection services if necessary. The client will be responsible for any legal fees or additional costs incurred in the collection process.
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Final Invoice and Late Payment Policy upon Termination
Upon termination of the business relationship, all outstanding balances are due immediately upon receipt of the final invoice. Broadwave Studios requires that final invoices be paid within 7 days to ensure a smooth conclusion of services.
If the final payment is not received within these 7 days, a late fee of 2.5% of the outstanding balance will be applied for each 15 days the payment remains overdue. Broadwave Studios reserves the right to pursue immediate collection efforts on unpaid balances and to recover any associated legal or collection costs from the client.
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Refunded Payments
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Standard processing fees apply to refunded payments. For example, on a $100 refund, the original processing fee (2.9% + $0.30) is non-refundable, and no additional refund fee will be charged. The credit card processing fee policy applies for all credit card transactions refunded.
Chargeback Fees:
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A $15 USD chargeback fee may apply to disputes received through Broadwave Platform Payments. Exceptions may apply based on specific circumstances.