Terms & Conditions | Refunds | Privacy Policy

Effective date: January 14, 2019

Big Red Jelly (“us”, “we”, or “our”) operates the https://bigredjelly.com website (the “Service”).

Hosting Subscriptions

Managing hosting payments, subscriptions and cancellations can be done through the customer/client account. Therefore it is the clients/customers responsibility to manage their subscriptions, payments and cancellations. Account login can be accessed here: bigredjelly.com/account/

For hosting payments managed via invoice, any correspondence regarding hosting payments, subscriptions and cancellation must be emailed to hello@bigredjelly.com with a minimum of days notice.

Any refund for any digital product will exclude any payment processing fee that Big Red Jelly incurred or paid while processing the client’s payment.

Any hosting subscription that is cancelled either through the client portal, or via written confirmation will have that service terminated immediately upon approval. Any subscription product cancelled through the client portal will have that service terminated by the end of the next business day and are not subject to refunds.

Big Red Jelly reserves the right to update, upgrade, and change current and past pricing of products, subscription-based products, and active subscriptions. Big Red Jelly is required to give notice at least five (5) business days in advance before updating, changing, or upgrading any active subscriptions or recurring payments that may be made to any past, current, or future subscriptions or subscription products. If after an upgrade or change is made, the same refund policies as outlined above apply.

Monthly Subscriptions

• With written/email confirmation and 30 days notice, hosting and domain monthly subscriptions can be cancelled by the Big Red Jelly team. However, the current month will be paid in full, the following month from the date of the request will be cancelled and the client will no longer be billed. There will be no pro-rate hosting or refunds if a client/customer chooses to cancel a monthly hosting subscription.

Annual Subscriptions

• Annual Hosting customers/clients must send written confirmation 30 days in advance of renewal to complete the cancellation process or they can perform their cancellation through their customer account.
• By written approval from the client/customer, Big Red Jelly may refund up to 50% of any non-used hosting time. The client/customer must send written approval with 30 days notice and the request must be sent by the business owner or main point of contact that Big Red Jelly has on file in order for a prorated refund to be issued.
• Annual subscriptions cancelled within the first 30 days after their initiation or renewal charges are eligible for a refund up to 11/12th of their charged amount.
• Any annual subscription cancelled after the first 30 days may be refunded up to 50% of the non-used time.

Migration of Hosting/Packaging Website Files

• If a client/customer needs to move their website to another hosting provider they must send a written/email notification to Big Red Jelly 30 days in advance. The request must come from the business owner or point of contact that Big Red Jelly has on file. 
• Big Red Jelly can package and email the website design files and deliver to the point of contact for a one-time packaging and transition fee which is included in the website project’s original Statement of Work or the current packaging fee, whichever is greater. Big Red Jelly will not login to another hosting provider, cPanel or server to complete a migration.
• Big Red Jelly is not responsible for any delays, integration faults or design changes that take place as a consequence of the transition of hosting.

Hosting & Obligations

Big Red Jelly provides various services and options in its hosting services including automatic periodic backups of filesystems and databases. Big Red Jelly relies on third-party tools to manage and maintain those backups. Big Red Jelly makes every effort to keep those services operating and functioning, but in the event that these third party tools fail or are no longer supported, Big Red Jelly has no obligation or responsibility for lost filesystems or backups.

In the event that a client’s hosting services are discontinued for any reason, including, but not limited to;

• the client cancels their subscription, 
• failure to make payments, 
• or any other reason,

Big Red Jelly will attempt to contact the client through the email we have on file for that client. After our grace period of 14 days, the filesystems and database will be removed from our server and Big Red Jelly is under NO OBLIGATION to retain, preserve, or store filesystem or database backups for non-paying clients.

Disclaimer of Liability for Hosting/Subscriptions

While we strive to provide reliable and high-quality hosting services through our partnership with Pressable, we cannot guarantee that your website will operate without interruption or be error-free. By utilizing our hosting services, you agree to the following:

• No Liability for Damages: We shall not be held responsible or liable for any damages, including but not limited to, direct, indirect, incidental, special, consequential, or punitive damages arising from the use of our hosting services, even if we have been advised of the possibility of such damages.
• No Liability for Losses: We expressly disclaim any liability for any loss of revenue, profits, potential revenues or profits, business opportunities, data, leads, or any other intangible losses resulting from your use of our hosting services or any issues related to your website or website hosting.
• Service Interruptions: We are not responsible for any interruptions or disruptions to your website or hosting services, whether due to technical issues, maintenance, cyber-attacks, or any other unforeseen events.
• Third-Party Services: Any issues arising from the use of third-party services integrated with your website, including but not limited to plugins, themes, or external applications, are not our responsibility.
• Accessibility: We provide our clients with an ADA compliance solution called accessiBe. However, we accept no responsibility for the accessibility of the site if the client chooses a hosting plan or service that does not include our offered ADA compliance tool. It is the client’s responsibility to regularly review and update their website to meet accessibility standards.
• Termination of Service: We reserve the right to cancel or terminate the hosting service at any time, for any reason, without prior notice or explanation.
• Operating Hours: We are a U.S.-based company and operate on a typical Monday through Friday, 9 AM to 5 PM schedule (Mountain Time). If you reach out to us outside of these hours, we cannot guarantee a timely response. Any inquiries, support requests, or communications received outside of our operating hours will be addressed as soon as possible during our regular business hours.

By using our hosting services, you acknowledge and agree to these terms and accept that you bear full responsibility for any and all consequences arising from any disruptions or issues with your website or hosting.

Refunds

You may request a refund for projects, hourly support, or subscription products (including hosting and Grow Membership). All refund requests are considered on a case-by-case basis. Approval is at the sole discretion of Big Red Jelly.

If approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.

Project Refunds

Project-based work (e.g., branding, logo designs, landing pages, website designs) is subject to the following policy:

• Before Discovery Call: A refund of seventy-five percent (75%) of funds paid to date may be issued if requested before the Discovery meeting or call.
• After Discovery Call: Refunds after the Discovery Call—including the decision to issue a refund and the amount—are at the sole discretion of the Company. Due to the research, preparatory work, and opportunity costs involved, such refunds are typically not granted.
• All products, files, developments, deliverables, etc., remain the property of Big Red Jelly until full payment has been made and cleared.
• Late Payments: Subject to a 15% late fee and 20% annual interest, or the maximum amount permitted by law—whichever is lower.
• Exceptions: Any exception to this refund policy must be approved in writing (email is acceptable) by the Company’s Chief Executive Officer (CEO).

Hosting & Subscription Refunds

This includes hosting, domain services, etc.

Managing Your Subscription

Subscriptions, payments, and cancellations can be managed via your account:

bigredjelly.com/account/

It is the client’s responsibility to manage their own subscriptions.

Monthly Hosting Subscriptions

• May be cancelled with 30 days’ written notice.
• The current month will be paid in full.
• The following billing cycle will be cancelled.
• No prorated refunds are offered.

Annual Hosting Subscriptions

• Must submit written confirmation 30 days in advance of renewal to cancel.
• A refund of up to 50% of unused hosting time may be granted with:
  • Written approval,
  • A 30-day notice,
  • And the request sent by the business owner or main point of contact on file.

Grow Membership Refunds

Refund amounts may vary with the prior written approval of the Chief Executive Officer (CEO).

Monthly Grow Memberships

• Non-refundable. Cancellation must be submitted in writing with 30 days’ notice.

Annual Grow Memberships

• The standard contract length for the GROW service is one (1) year. With the prior written approval of the Chief Executive Officer (CEO) of Big Red Jelly, the GROW service contract length may be shortened to a minimum of six (6) months.
• In the event that the Client wishes to terminate the GROW service, the Client must provide Big Red Jelly with at least thirty (30) days’ written notice of their intent to off-board.
• The cost for off-boarding is equivalent to two (2) months of the Client’s current monthly rate for their GROW plan. This fee will be charged upon receipt of the off-boarding notice and covers the resources and activities associated with the off-boarding process, including but not limited to final reporting, file saving, organization, and coordination of asset delivery.
• Up to 50% of the unused time may be refunded.

Important: Any subscription (hosting, Support & Strategy, or other) cancelled via the client portal or in writing will be terminated immediately upon approval. If cancelled through the portal, the service will end by the next business day. These are not subject to refunds.

Late or Missing Refunds

If you haven’t received a refund yet:

• Check your bank account again.
• Contact your credit card company—it may take some time for the refund to be posted.
• Contact your bank, as there may be processing delays.
• If you’ve done all of the above and still haven’t received your refund, please contact us at: hello@bigredjelly.com 

Sale Items

Only regular-priced items may be refunded. Sale items are non-refundable.

STATEMENT of WORK (SOW)

BIG RED Jelly LLC, a Utah limited liability company and any affiliated sub-agency (collectively, “Company”), is pleased to provide this Statement of Work (“SOW”) to Test (“Client”), to engage in the SERVICES described herein (the “Project”).

This SOW provides a detailed summary of the activities, deliverables, and assumptions relating to the Project and constitutes the complete and binding agreement between the parties concerning the Project. This SOW supersedes all prior discussions and agreements, whether oral or written, relating to the Project.

This document is structured with the following sections:

1. PROJECT OVERVIEW
2. DELIVERABLES
3. RESOURCES
4. TIMING
5. BUDGET & PAYMENT TERMS
6. ASSUMPTIONS
7. RISK MANAGEMENT
8. CHANGE OF SCOPE PROCEDURE
9. APPENDICES

01. PROJECT OVERVIEW

This section provides a high-level overview of the key areas of work for this Project. Detailed descriptions of each area are provided in Section 2, DELIVERABLES, below.

• (BRAND)
• (CONTENT)
• (BUILD)
• (GROWTH STRATEGY)
• (GROW)

The GROW component of the Project, if selected by the Client, constitutes Big Red Jelly’s standard ongoing service offering, typically involving website maintenance, support, marketing, advertising, and strategic development to help clients achieve their online growth objectives. The standard contract length for the GROW service is one (1) year, unless otherwise agreed upon in writing as set forth herein.

02. DELIVERABLES

Definitions and further explanations for the Project deliverables, along with background information to provide further depth of understanding, are contained in the following link:

https://bigredjelly.com/services/proven-process-services/

03. RESOURCES

The Company reserves the right, at its sole discretion, to make adjustments to resource allocation as needed to ensure a smooth timeline within its proven process, as agreed upon with the Client.

Due to the Company’s expertise and established processes, resources are typically allocated for the activities and deliverables on the basis of a flat fee for each time period or deliverable, which is included in the total cost. Any departure from the Company’s proven process may introduce ambiguity, potential delays, and inefficiencies, and any costs associated therewith will be charged in addition to the standard Flat Fee. This SOW is structured accordingly.

04. TIMING

The detailed timing for this Project is outlined in Section 2 (DELIVERABLES) above.

As part of the Company’s Proven Process, there is a research and buffer period between the Project kickoff, the initial discovery call, and any follow-up from that discovery call for confirmation and clarification. This buffer period is intentionally designed and is an integral part of the Proven Process. Once the discovery has taken place and any follow-up items have been resolved, the Project will commence in earnest.

Any adjustments to the schedule, timing, or other items will be communicated initially verbally and subsequently confirmed in writing (email is acceptable) by both parties and must be mutually agreed upon. (Further details are provided in the sections below.)

• The Project timeline is an estimate.
• The timeline officially commences upon the completion of the “Discovery Session.”
• Delays in scheduling or holding the “Discovery Session” will result in a corresponding extension of the total Project timeline.
• Client-caused delays, including but not limited to missing or canceling weekly draft reviews, delays in providing necessary assets or content, or pausing the project, may result in a corresponding extension of the total Project timeline and may also incur additional fees as outlined in Appendix A.
• A buffer period of at least five (5) business days is required from the date of signing and payment to the scheduling of the Discovery Session. This allows the Company’s experts adequate time to gather key information and prepare for a successful discovery.

05. BUDGET & PAYMENT TERMS

This section outlines the financial terms applicable to the specific deliverables defined within this Project. The total fixed price for these deliverables is detailed in the attached invoice, which also encompasses any other potential fees as outlined below under ‘Other Potential Costs.’ Assuming diligent adherence to the agreed-upon Project plan, timeline, and process, the payment terms for these Project deliverables are as follows. Please note that payment terms for our ongoing Grow service differ and are detailed separately in the ‘Grow Services’ section of this Statement of Work.

All deliverables defined above are priced at the fixed price outlined on the attached invoice (which includes any other potential fees as indicated below under the heading “Other Potential Costs”).

 

The payment terms and conditions agreed to herein for the specified deliverables, assuming the Project plan, timeline, and process are adhered to purposefully and deliberately, are as follows:

• Full payment is expected before the commencement of the Project.
• Any exceptions to this requirement must be approved in writing (email is acceptable) by the Company’s Chief Executive Officer (CEO).
• “Payments” are defined as completed transactions through the Company’s designated payment portal or methodologies.
  Refund Structure (if any and as approved by the Company):
  • A seventy-five percent (75%) refund of the funds paid to date may be issued if requested before the Discovery meeting or call.
  • Following the conclusion of the Discovery Call, any refund (including the decision to issue a refund and the amount thereof) is at the sole discretion of the Company. Given the research, significant preparatory work, and opportunity costs incurred before the Discovery Call, such refunds are typically not granted.
  • It is agreed that all products, files, developments, deliverables, etc., if any, shall remain the property of the Company until full payment has been made and has cleared.
  • Late payments will be subject to a late fee of fifteen percent (15%) and an annual interest rate of twenty percent (20%), or the maximum amount permitted by applicable law, whichever is lower.
• Other Potential (and Relevant, if Noted) Costs:
  • Expediting Fee for accelerating the process (up to twenty-five percent (25%) of the Project fee).
  • Amended Process Fee for operations outside of the Proven Process (up to twenty-five percent (25%) of the Project fee).
  • Any Other Fees as indicated and outlined in this SOW or its Appendices.

06. ASSUMPTIONS

The Company has identified and notes the following current assumptions that, if altered, may impact the cost, schedule, and quality of the Project deliverables:

• The Client and Company will each designate one (1) primary point of contact. All communication regarding decisions and approvals will be conducted through these designated individuals. The Client’s primary point of contact must respond to any change requests or sign-off documents issued by the Company within one (1) business day, unless otherwise noted.
• The Company assumes the Client will identify a secondary point of contact who will be available to answer questions, assist in resolving issues, and respond within a reasonable timeframe in the absence or unavailability of the primary point of contact.
• Work and work product generated under this SOW are not considered works made for hire as defined under 17 U.S.C. § 101. Upon full and final payment by the Client for the Project deliverables, all Intellectual Property specifically created by the Company for the Client as part of the deliverables under this SOW shall become the property of the Client. The Company is hereby granted a perpetual, non-exclusive, royalty-free license to use representations of the work and the final deliverables for its promotional and marketing purposes (e.g., portfolio, case studies), unless otherwise agreed to in writing by both parties. The Company retains all ownership rights to its pre-existing intellectual property, including but not limited to its proprietary processes, tools, software, and generic templates.
• All requested relevant background and support materials, such as design and logo files, content, branded materials, etc., will be provided by the Client to the Company within the first week of the Project.
• In-person discovery meetings are considered an additional request and are not included in the initial SOW or its pricing. These meetings and associated costs will be billed separately to the Client upon the Client’s confirmed request for an in-person kickoff, without the need for further approval.
• The Company is granted the right to include the Client in its client list and case studies. The Company may utilize visual designs developed for the Client for the purpose of marketing the Company’s services to potential clients.
• It is acknowledged that excellence in the final deliverable is a direct result of the Company’s Proven Process and expertise. The Client further acknowledges that the process is as defined by the Company from time to time and throughout the Project. As such, the number of draft reviews indicated is based on the Company’s experience and previous similar projects. The overall length of the Project and the necessary momentum generated during the Project’s ideation, creation, final review, and implementation are also significant factors.
• The Client acknowledges that the Company has the right to manage the Project completely as it relates to drafts, the number of drafts, final reviews, the velocity of build, and the overall timeline, consistent with its Proven Process.
  • Proven Process Acknowledgements:
    • The Client acknowledges, accepts, and agrees that by engaging the Company, they are also engaging the Company’s specific and valuable expertise regarding process, deliverables, and capabilities, which are uniquely held by the Company.
    • The Client acknowledges that they are paying for deliverables derived from the Proven Process, not for a specific number of hours to produce said deliverables.
    • Any requests outside the established process or that exceed the expected workload within a given timeframe, considering the outlined deliverables, may require additional hours beyond those originally allocated, potentially leading to adjustments in timeline, scope, and cost.
    • The Big Red Jelly Design Process has a proven track record of high-quality production and success, and deviations from this process may lead to project delays or require scope adjustments and additional fees.

07. MITIGATION OF RISK, RISK MANAGEMENT, AND RESOLUTION OF DISAGREEMENTS

Risks to this SOW will be identified and reviewed regularly as part of the weekly status update. Mitigation strategies will be developed for each identified risk. The Client assumes all risks, and the Company will use commercially reasonable efforts to remove, mitigate, and minimize such risks.

Adherence to the Big Red Jelly Proven Process is a key element in ensuring timely, on-budget, and high-quality project delivery.

Any delays caused by the Client’s non-adherence to the Project plan, such as missed approval dates, delayed feedback, or the unavailability of necessary Project participants, may result in additional costs and could impact the scheduled launch or delivery timeline. Any such incremental costs may be charged to the Client.

As agreed upon herein, both parties acknowledge and agree that any Client-initiated deviations from the process, requests for edits outside the Project scope, or other Client-caused delays or changes will incur extra costs as outlined herein or in Appendix A.

The Company does not guarantee specific results from the work produced. The Company is engaged to deliver the services and deliverables specifically referenced in this SOW and does not directly or by implication promise any specific outcomes that will flow therefrom. The Company commits that successfully following the process as laid out herein will ensure the accurate, timely, and effective completion of the Client’s Project, allowing for future success.

Should any disagreements arise, this document, together with its appendices and authorized written correspondence from the Company (as may be identified by the Company) after the execution of this document, will form the basis for resolution.

Where resolution cannot be achieved using the document and correspondence, both parties agree to submit the dispute to binding arbitration in Provo, Utah, using a single arbitrator with specific expertise relevant to the dispute, as selected by the Company. The decision of the arbitrator shall be final and binding on both parties. The costs of arbitration shall be borne equally by both parties, unless otherwise determined by the arbitrator.   

All conditions agreed to by the parties and incorporated herein are listed in this document and any appendices.

Other Terms and Conditions and other appendices may be attached and are incorporated herein by reference.

08. CHANGE OF SCOPE PROCEDURE

All changes to the scope of this Project must be reviewed and mutually agreed upon in writing by the Client and the Company. All approved changes to the scope will be documented as an addendum to this SOW in the form of a Change Order.

Changes to the scope may impact the Project schedule and/or budget.

Specifics regarding change requests include the following:

• The Company Account Manager may initiate a Change of Scope request, which must be approved by both the Client and the Company.
• The Change of Scope request must be made in writing (email is acceptable).
• The Change Order will outline any impacts on the budget and timing of the Project. In some cases, a Change of Scope may require a discovery phase, the costs of which will be added to the Change Order.
• The approval of the Change Order will likely adjust the Project scope, cost, deliverables, and/or schedule as outlined in the Change Order executed by both parties.
• The Client shall review the Change Order and accept or reject it in writing within three (3) business days of the Company tendering the Change Order. If not accepted or rejected within the foregoing period, the Change Order will be deemed rejected by the Client, and the original SOW will remain in full force and effect without modification.
• Not all Change Orders will necessarily have schedule or fee impacts, but they shall be required to provide accountability, an audit trail, and documentation of the deviation from the originally agreed-upon scope.

09. APPENDICES

Appendix A – Other Terms and Conditions

Proven Process Provisions:

• Each additional draft requested by the Client beyond the number anticipated in the Proven Process is charged on a time and materials basis with a minimum fee of $750.
• Post-Project Edits requested by the Client are billed at a rate of $150 per hour.
• The Proven Process must commence with the Client completing the onboarding questionnaire.
• Delays caused by the Client that fall outside the Proven Process and the determined Project timeline may result in an increase in the Project scope and price. The Company reserves the right to identify delays as “unusual” if, in its reasonable estimation, they significantly impact the Project’s progress.
• Unpacking/Unarchiving a paused Project at the Client’s request requires a minimum one-time fee of $750.
• Website File Preparation for Hosting Transfer: If a Client requests their website files be specially packaged for transfer to a new hosting provider (typically during off-boarding from GROW or if they elect to self-host during a project), a minimum fee of $750 will apply. This covers the labor to prepare and deliver the website files and database archive. It does not include migration or setup on the new host.
• For eCommerce or content-rich websites, the Company will design and set up the first twelve (12) non-variable products or content pieces (blogs, articles, portfolio pieces, etc.). As part of this Project, the Company will make reasonable efforts to train the Client on how to manage and upload the remaining content. Excessive training in this regard, as determined by the Company, will incur additional costs.
• Adherence to the Big Red Jelly Proven Process is strongly recommended to ensure Project success.

Other General Provisions:

• Choosing to opt out of the Company’s Content service places significant responsibility on the Client to provide all necessary content and information for the Company to complete the stated work promptly, no later than before the second draft review of the Project.
• If the Client’s feedback is not provided promptly, or if the Client reschedules or cancels a weekly review for one week or more, the Company reserves the right to pause the Project. Resuming the Project may incur an unpause fee as outlined above.
• It is strongly preferred that the Project decision-maker (referenced in Section 6, ASSUMPTIONS, Bullet 1) serve as the primary point of contact. Pivots or changes required due to the contact point not being the authorized decision-maker (or operating as the fully authorized agent thereof) will incur additional costs.
• The Company has preferred and recommended tools, platforms, plugins, applications, etc., in which it possesses expertise. While the Company can work with other tools, the Client will be charged for the time required for the Company to learn and adapt to such tools (which may result in slower progress). The Company cannot guarantee the smooth flow and results of the Project when using third-party tools and will not log in to those tools to establish configurations or provide “setup” services.

Regarding GROW Service:

• Standard Contract Length: The standard contract length for the GROW service is one (1) year.
• Shortened Contract Length: With the prior written approval of the Chief Executive Officer (CEO) of Big Red Jelly, the GROW service contract length may be shortened to a minimum of six (6) months.
• Off-Boarding Notice: In the event that the Client wishes to terminate the GROW service, the Client must provide Big Red Jelly with at least thirty (30) days’ written notice of their intent to off-board.
• Off-Boarding Charges: The cost for off-boarding is equivalent to two (2) months of the Client’s current monthly rate for their GROW plan. This fee will be charged upon receipt of the off-boarding notice and covers the resources and activities associated with the off-boarding process, including but not limited to final reporting, file saving, organization, and coordination of asset delivery.

Website Hosting Inclusion (GROW Service): 

It is highly recommended that Clients host their website with Big Red Jelly to ensure optimal website health, speed, accessibility, security, and uptime. 

Website hosting is included as part of the GROW service provided by Big Red Jelly during the active term of the GROW service contract.

Off-Boarding and Hosting Transition (GROW Service): Upon notice of termination or at the end of the GROW service contract, the Client is responsible for ensuring their website remains live by choosing one of the following hosting options before the expiration of the hosting provided under the GROW service:

• Continue with Big Red Jelly Hosting: The Client may opt to continue hosting their website directly with Big Red Jelly. In this scenario, Big Red Jelly will provide the Client with a link and necessary instructions to set up their Big Red Jelly hosting account under their own name, email, and direct payment method. This continued hosting service will be subject to Big Red Jelly’s then-current hosting rates and terms applicable to standalone hosting clients.
• Transfer to a Third-Party Hosting Provider: The Client may choose to transfer their website to a different, third-party hosting provider. The Client is solely responsible for selecting this provider, establishing an account with them, setting up their payment method, and managing the migration process.
  • Website File Provision for Transfer to Third-Party: If the Client chooses to transfer their website to a third-party hosting provider, Big Red Jelly will prepare and provide the Client with a packaged archive of their website files to facilitate this transfer. This service of preparing and packaging the website files is subject to the ‘Website File Preparation for Hosting Transfer’ fee ($750) as outlined in the “Proven Process Provisions” section of this Appendix. This fee covers the preparation and packaging of files and does not include the actual migration or setup on the new host.

Website File Availability: The Client will have one (1) month from the effective date of off-boarding to request and receive their website files for transfer (if applicable). After this one month, Big Red Jelly makes no guarantee of continued file availability.

Advertising Credits & Bonuses:

As part of the Grow Services, Big Red Jelly will endeavor to identify and facilitate the application of available advertising credits. This includes, but is not limited to, the following for Google Ads:

• Big Red Jelly may assist clients in understanding and potentially leveraging promotional advertising credits offered by Google.
• Utilizing such credits is contingent upon meeting Google’s specific eligibility requirements and adhering to their terms and conditions for unlocking said credits.
• Clients acknowledge that the availability, amount, and terms of Google Ads promotional credits are solely determined by Google and are subject to change without notice.
• Furthermore, Big Red Jelly will proactively seek out and, where feasible and beneficial for the client, facilitate the activation of advertising credits offered by various other advertising platforms, subject to the respective platform’s terms and conditions.

Online Advertising Services

• Client Ad Account Ownership and Access: All online advertising campaigns (e.g., Google Ads, Meta Ads, LinkedIn Ads) will be managed through advertising accounts owned by the Client. The Client will be responsible for setting up their advertising account(s) with their valid payment method. The Client will grant the Company the necessary administrative or managerial access to these accounts for the sole purpose of performing the services outlined in this SOW. Upon termination of services, the Client will retain full ownership and access to their advertising accounts and all historical data.
• Advertising Spend (Ad Spend): All advertising spend (i.e., the budget allocated for paying advertising platforms like Google or Meta) is the sole responsibility of the Client and is separate from and in addition to the Company’s GROW service fees or any other fees outlined in this SOW. The Company will manage the Client’s approved ad spend budget, but will not be financially liable for the ad spend itself. Ad spend will be paid directly by the Client to the advertising platforms.

Client Responsibilities (Online Advertising):

• Providing clear advertising goals and objectives.
• Providing target audience personas and insights.
• Providing timely access to ad accounts, website analytics, and any necessary brand assets or product/service information.
• Timely review and approval of proposed campaign strategies, ad copy, and creatives.
• Ensuring that all advertised products, services, and landing page content comply with the respective advertising platforms’ policies and all applicable laws and regulations.
• Understanding that ad performance can be influenced by factors outside of the Company’s direct control, such as platform algorithm changes, competitor activities, and market seasonality.

Ad Creative:

• Unless otherwise specified, the Client is responsible for providing ad creative assets (images, videos, logos), or these will be scoped and billed separately. The Company may provide ad copywriting as part of the management fee.

Disclaimer for Advertising Results:

• Reinforce the existing clause: “The Company does not guarantee specific results from the work produced… The Company is engaged to deliver the services and deliverables specifically referenced in this SOW and does not directly or by implication promise any specific outcomes that will flow therefrom.” This is particularly important for advertising, where many variables exist. You can add: “While the Company will use its expertise to optimize campaigns towards the Client’s goals, no specific return on investment, conversion rates, or lead volumes are guaranteed.”

eCommerce-Specific Items (If Relevant):

• The company will only complete up to 12 products (non-variable) for the client, these can also serve as a “product template” for the client moving forward.
• We may also complete up to 3 products (variable) for the client, which can also serve as a “product template” for the client moving forward
• With written approval and scoped extra cost, the Company may do more than above.
• The company is not responsible for setting up payment processors (within the payment processor), taxes, shipping, and other third-party eCommerce extensions. The company may CONNECT the Client to the store and provide direction/support. Given the nature of sensitive payment information and business information, the client will need to set up those settings and tools within the tools themselves.
• Product migration: We can migrate products from one platform or spreadsheet to the new website, but we will follow the numbers above. We cannot guarantee that these products will migrate PERFECTLY. The Company will try with best effort to match the information, attributes, and categories, but this may need to be hired out to a data migration agency, or engage (separately) the Company’s web support team after completion of the project.
• It is acknowledged that the Company specializes and focuses on the DESIGN and STRATEGY of these eCommerce builds, not data migrations, shipping/taxes/fulfillment, etc… 
• For products that we will complete, the client must provide the Company with ALL of the information needed, and in the required/requested format–e.g., CSV file, including visual content, pricing, etc., with all necessary information.
• Any special eCommerce features that are agreed to for the eCommerce project will be listed in the deliverables and signed off by BRJ leadership. This can be done, but will be reviewed and signed off on before the commencement of the project.
• The company designs and builds features IN the website and store.  The company will provide support and guidance when it comes to processes and items outside, but such cannot be guaranteed, and are the full responsibility of the client. These items include, but are not limited to:
  • Packing slips
  • Payment processor setup
  • Taxes
  • Shipping
  • Confirmation emails
  • Order tracking
  • Abandoned cart emails
  • Other order confirmation emails
  • Etc.

Privacy Policy

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Cookies and Usage Data

Usage Data

We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.

Use of Data

Big Red Jelly uses the collected data for various purposes:

• To provide and maintain the Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer care and support
• To provide analysis or valuable information so that we can improve the Service
• To monitor the usage of the Service
• To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Big Red Jelly will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

Big Red Jelly may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of Big Red Jelly
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

• Google Analytics: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: hello@bigredjelly.com