Terms of Service for Creation, Editing or Maintenance of Websites

1. ABOUT THIS ADDENDUM AND BRINOMI

• 1.1. BRINOMI SERVIÇOS has the following website addresses https://brinomi.com and https://brinomi.com. Our corporate name is G. N. Nagamine Ltda, CNPJ: 57.569.862/0001-57.
• 1.2. In the document we will refer to Brinomi Serviços, as “BRINOMI” or “we”.
• 1.3. In this document, the client who hires us may be referred to as “CUSTOMER” or “you”.
• 1.4. This document is an annex to the Terms of Service found at the link: https://brinomi.com/service-agreement-terms/
• 1.5 O documento atual está hospedado no link: https://brinomi.com/service-agreement-terms/terms-of-service-for-creation-editing-or-maintenance-of-websites/

2. WHO THIS DOCUMENT IS FOR

• 2.1. This addendum applies to clients contracting website editing, maintenance, or development services. It provides supplemental terms specific to website work and does not replace the main Service Terms Agreement, available at: https://brinomi.com/service-agreement-terms/

3. WEBSITE HOSTING

• 4.1 For a website to operate, its files must be stored on a hosting service. If this concept is unfamiliar, please contact us for clarification before contracting our services.
• 4.2 In customized website projects, unless it has been offered in the budget, accepted and paid for by the client, website hosting is an independent contract from the provision of website creation services.
• 4.4 We are not responsible for the configuration of your mailboxes in your email reading software, such as Outlook.
• 4.5 The cost of our services for all types of services does not include moving website files from one hosting provider to another after the project has started.
• 4.6 Splitting your website and email hosting between different companies may change the way your contact form’s automatic response and notification sending processes work. If this occurs after the project is complete and you do not have a maintenance or hosting contract with us, then there will be a fee to reconfigure the contact form.
• 4.7 The paragraphs in the sub-items below apply to the CLIENT who has contracted their hosting with third parties.
  • a. When not contracted with us, the payment for monthly hosting is a financial commitment between the CLIENT and the hosting provider.
  • b. You are aware that the website’s speed performance and online availability will largely depend on the hosting you have contracted.
  • c. For clients who have contracted hosting with third parties, when they are creating their first website, we can also create their mailboxes on the chosen hosting, with their domain, as long as this service is available on their website hosting. This mailbox creation service is offered at the time of the website implementation, from a list provided by the website owner. After this phase, the CLIENT is responsible for creating new mailboxes and removing existing mailboxes.
  • d. If your project is a manageable website or blog, for your website to function normally, we strongly recommend that your hosting, regardless of the provider, be Linux. In addition, your hosting must support up-to-date PHP and MySQL.
  • e. Each hosting company has its own policy regarding the management of mass email sending and email marketing. It is the customer’s responsibility to inform themselves about these policies.
  • f. Each hosting company has its own policy for managing automatic email sending. This may restrict automatic responses and notifications from your contact form.
  • g. We have no power to act on the performance of the hosting servers. To identify and correct cases where this affects your website, during the project, we may contact the hosting provider, provided that we have your authorization, to open calls and request further explanations. If this is not permitted by the hosting provider (call opening by third parties), you will be instructed to contact your hosting provider.
  • h. After the project is completed, if you have not contracted our technical maintenance services, then you are the main point of contact between you and the contracted hosting. If we are not contracted for this service, we cannot mediate in any technical matters regarding your hosting.
  • i. We do not create or edit websites hosted with other website development agencies.
• 4.8. The paragraphs in the sub-items below refer to the hosting service contracted with us, in which an email service was offered:
  • a. We do not accept spam. There is a limit of 300 emails sent per hour per domain. If you send more than the hourly limit, most of your emails will return with a delivery error. If this happens, it will take some time for your account to be able to send emails again. We recommend that you wait at least 1 hour (after the issue started) before trying to send emails again.
  • b. The server has a limit of 30 POP3/IMAP checks per hour, per email account. If this limit is exceeded, your email client will probably return a message saying that you have entered an incorrect password or login. If this happens, please wait 1 hour until the server unblocks your IP address. To prevent this from happening again, disable automatic checks in your email client, or at least configure them to be performed with an interval of at least 10 minutes between each check.
  • c. Splitting your contacts into multiple smaller lists is not allowed. Keep in mind that emails have header information, and the header provides information about the email, its content, and the recipient. We determine list size not only from the email subject line, but also from the header information, so we can easily spot split lists.
  • d. Contact us if you need to send email marketing (large amounts of emails at the same time). There are services on the market, not included in your hosting, that are professional and specific for this task, such as Mailchimp https://mailchimp.com/. This link is just an example of a company specialized in professionally sending large amounts of emails; we do not have a commercial relationship representing this company.
  • e. Always keep an updated antivirus program on your computer to protect it from potential threats that may be sent over the Internet. Do not click on attachments in messages from unknown people, as they may contain malicious code that will capture your information and compromise the security of your computer and hosting account.
  • f. We do not host websites with adult-only content.
  • g. We are not co-authors of the material you post on your website. All material you post on your website is your sole responsibility for legal purposes. We will immediately remove any website that may be in breach of Brazilian law and regulations.
  • h. If your hosting service ends, you will receive all of your website files, usually in the form of a download link. The download will be available for one month. After that, we will delete the files. These files do not include email backups, only website backups.
  • i. You are primarily responsible for backing up your incoming and outgoing email messages. We are not responsible for the settings of email reading programs or internet browsers on your computer or smartphone. We do not perform maintenance on computers or the programs installed on them.

5. WEBSITE DOMAIN

• 5.1. Domains are the letters and numbers typed to access a website. For example, in the case of Brinomi, the domain is: brinomi.com.br
• 5.2. The contractor is the owner of the domain on which the website will be installed, configured or edited. If not, the contractor has the authorization of the owner of the website domain to use it. You, the contractor, are legally responsible for authorizing the use of the domain.
• 5.3. We do not perform copyright or trademark searches on your chosen domain.
• 5.4. At the beginning of the provision of services for which you have hired us, it is assumed that you have available the domain for the publication of the website that we develop or on which we will work. Your choice regarding this domain will not change during the project without additional costs, so make your choice carefully before starting your contract for services.
• 5.5. Full payment for the website development project is independent of the provision of a domain for installing the website at the end of the website creation process.
• 5.6. For Custom Projects, after the coding test, if you do not have a domain available for us to install the website, we will wait up to 30 days for the implementation of the same linked to your domain. If your domain is not made available to us for installation of files within the aforementioned period, we will send your website files in zip format to your email or they will be made available on a file sharing company, such as Dropbox, for you to download and the website development will be considered finished.
• 5.7. If the website domain is in the process of transferring ownership, you are responsible for negotiating with the original owner, and you are also responsible for the bureaucracy involved in transferring domain ownership.
• 5.8.About Domain Name Hosting
• 5.9. Domain hosting is different from website hosting. This item deals with domain hosting.
• 5.10. In general, there is no need to transfer domain hosting, since the hosting of the website files can be separated from the hosting of the website name, as long as the appropriate DNS redirections are followed. However, if for some reason you are in the middle of this type of process, our work does not include the clearance and/or assistance with domain transfer with the hosting company(ies) and/or responsible agency. If our consultancy is necessary, request a quote. Each type of domain follows the rules of the agency and country responsible for its issuance. Each company that registers and hosts domains also has its own internal processes.
• 5.11. Regarding the change or modification of the domain name after starting your project, if this demand exists, there will be a new quote with due pricing.

6. ABOUT THE INFORMATION YOUR SITE WILL DISPLAY

• 6.1. For non-manageable sites, if you wish to modify the site text after the coding phase has been approved, a rework fee will be charged.
• 6.2. The sub-items below refer to the administrable site:
  • 6.2.1. The website owner has the autonomy to modify the website text, inserting or editing pages or articles, after the project is finished, with a login and password that we will provide when delivering the training.
  • 6.2.2. Some website elements such as the header, menu, footer and blog sidebar may require technical knowledge to modify them. In some cases, the content is dynamic, such as “latest posts”.
• 6.2. We do not search for text for your website on Google, nor do we copy text from your competitors’ websites, or any other website.
• 6.3. Unless stated in the quote, we do not translate text from other languages ​​for insertion on your website.

7. MONTHLY WEBSITE MAINTENANCE

• 7.1. You are not required to hire us for monthly maintenance of your website. It is strongly recommended for websites with databases. Maintenance is a service charged monthly, quarterly or within periods longer than 3 months. It is not a free service, unless it has been offered in the budget for a limited period.
• 7.2. Maintenance can be of different types, you know which type you are hiring by reading the budget proposal we send or by reading the service description, if you are purchasing from a button on a web page.

8. FILES WITH SITE CODE

• 8.1. The sub-items below refer to the code installed in custom projects with administrable sites with their own control panel and database. Therefore, they only apply to you if your site was developed in a custom project, is administrable, has its own control panel and database.
  • a. Some technical and foreign words used in this document: WordPress is free open source software, whose files come from the wordpress.org website. Plugins are files with code, with functionality defined by their authors, with a functional purpose within a website installed with WordPress. Themes are a set of files created to simulate an existing website and which can serve as the basis for building a website.
  • b. Our websites, when administrable, can have their core developed in open source, that is, using existing codes, with a General Public License category license. This category includes WordPress, which is downloaded from the wordpress.org website. The logic regarding themes and plugins that we will explain below also applies to other types of open source software that we may use on administrable or non-administrable websites.
  • c. Even though the core of your website is built on GLP-licensed code files, the same does not apply to the licensing of themes and plugins, which are other components of your website.
  • d. Some features that add functionality to your site may have come from purchased code, or for which you pay one time or annually. Some themes and plugins fall into this category.
  • e. Sometimes, we use purchased themes or themes from other companies that charge an annual fee, when (a) the client requests the theme from a specific supplier already chosen by the client; (b) or when the activity carried out by the client has very specific functionalities that have already been developed with quality in another market theme; (c) or when only the installation of the website is requested.
  • f. There is no rule regarding the types of licenses for the plugins we use. Sometimes, we use plugins for which we have paid usage fees to their creator. In cases where there is an annual fee, we do NOT commit to renewing and paying for it.
• 8.2.Themes, style sheets and features developed by BRINOMI may be used on the domain for which the service was provided, but may not be sold for other uses.
• 8.3. The code files that represent a web page are designed to work with the technology in place at the time the project is delivered. You are aware that the technology used to open a website will change and evolve over time in unexpected ways. Unless we have been hired to do so, we are not responsible for the evolution of your code in accordance with the evolution of technology.
• 8.4. When your website code includes integration with social media, such as inserting a Facebook ‘like’ box, automatic feed from X (formerly Twitter), etc., we are not responsible for the behavior of these codes from third-party services on your online pages. You are aware that all integrations with social media services also depend on the rules and terms of service of the social media, which are subject to change over time.

9. GOOGLE ANALYTICS.

• 9.1. The information below is relevant if your project includes the insertion of a code to track visits to your website.
• 9.2. Google Analytics is a service offered by Google, and as of the writing of this terms of service, it is offered free of charge. BRINOMI cannot guarantee that Google will continue to offer this service free of charge forever.
• 9.3. We use our Google Analytics login to create a profile to consult and monitor your website’s performance with this Google service. In order for you to be able to monitor this, one (1) read access profile will be assigned from the email address provided in your customer registration.
• 9.4. If you want the Google Analytics tracking code to be directly linked to your Google Account, we will need your login and password. This information should be provided to us at the beginning of your project. We prefer that you provide us with an account without a Gmail address attached to it. For security reasons, we do not want to have the password for an account that contains your personal email address.
• 9.5. We are not responsible for the quality of the tracking of visits to your website offered by Google.
• 9.6. Once your website is ready and implemented, you are free to change your website’s tracking code with Google. However, if you need our intervention to insert the code into your website, request a quote for this particular service.
• 9.7. We do not offer training for analyzing Google Analytics charts and indicators.
• 9.8. We believe that the best way to monitor your visitor performance is by logging into Google Analytics using your login and password. This does not include building applications from Google Analytics to display your numbers in any other way, nor does it include displaying your numbers online on your website.

10. TRAINING

• 10.1. Everything you read below about training applies to cases where training was offered within the scope of the quote sent to the CLIENT’s email or offered on a service page for online contracting.
• 10.2. Training usually occurs when delivering projects for manageable websites or blogs. Non-manageable websites do not require training.
• 10.3. We send PDF documents or links to videos with specific instructions for your website.
• 10.4. After receiving the training, if you still have questions, BRINOMI can schedule an online conversation with the CLIENT to clarify the requested points.
• 10.5. We release your website’s administrator login (access name) and password after the client confirms receipt of instructions, either in PDF or video format. To do this, we need the email address and access profile of the people who will edit the website.
• 10.6. We prefer to schedule training within 10 days of your website implementation being completed. Unless otherwise agreed upon in your website budget, we can wait up to one month after your website is implemented to provide training.
• 10.7. We are at your disposal to answer questions from up to two website users for the number of months stipulated in the budget. An additional budget is sent for projects with multiple users (more than two) who require our support to “answer questions” for editing the website.
• 10.8. The sale or disclosure of our videos or PDF documents with training for your project is prohibited. We do not authorize the display of our training, whether in PDF, video or voice, to an audience other than the editor users of your website. The copyrights on videos, PDFs and files with our voice belong to BRINOMI.

11. MODIFICATIONS TO THIS DOCUMENT

• 11.1. This document may be modified without prior notice and references to specific terms for certain types of service may be inserted. We will make every effort to keep the link from this page to this document always the same, so that you can return and read it whenever you wish.

12. FORUM

• 12.1.The City of São Paulo is elected as the forum for deciding any dispute arising from this instrument.