Terms and Conditions

About these terms

These terms cover your use of bncmarketingstl.com, including any copy of it that our hosting provider serves at an address ending in byers-co-marketing.pages.dev. The website is operated by Byers & Co Marketing LLC, a Missouri limited liability company that operates under the name Byers & Co. Marketing (“Byers & Co.”, “we”, “us”).

Contact: [email protected].

By using this website, you agree to these terms. If you do not agree, please do not use the site.

Website use and client projects are separate

There are two different relationships, and these terms treat them differently:

• Using this website. Reading pages, trying the sample websites and sending an inquiry. These terms cover that.
• Hiring us for a project. The services you buy are defined by a separate signed client agreement and a statement of work for that project. Those documents govern the project. If they differ from these terms, they take priority for that project, and these terms do not change an agreement you have already signed.

Sending an inquiry

Sending the contact form or an email:

• does not create a client relationship, a contract or any obligation to buy anything;
• does not commit us to taking on the work, or to a particular price or timeline;
• does not sign you up for marketing messages.

Please do not include confidential or sensitive information in a first inquiry. If a project needs it, we will agree how to share it. How we handle what you send is explained in our Privacy Policy.

Who can hire us

This website is meant for adults. To enter into an agreement with us, you must be at least 18 years old. If you act for a business or other organization, you must be authorized to make agreements on its behalf.

How our projects usually work

Every project starts with a conversation. If the work is a good fit, you receive a written proposal, and work begins only after the client agreement and statement of work are signed. The points below describe our usual approach, so you know what to expect. The signed documents for your project contain the full terms, and they can set a different arrangement.

• Scope and changes. The statement of work says what is included. Corrections needed to deliver the agreed scope are included. Anything new needs a written, priced change order that you approve before that work begins.
• Reviews. We do not set one number of revision rounds for every project. Each scope sets out its creative review stages and what each stage covers.
• Payment. For fixed-price projects, the usual schedule is 25% before work starts and 75% before launch or final handover. Invoices are normally due seven calendar days after you receive them, unless we agree a different schedule in writing.
• Your materials. Schedules depend on receiving your content, access and approvals on time. If materials arrive late, we will let you know, and affected deadlines can move.
• Reviewing delivered work. Once we tell you in writing that work is ready and you have working access to it, you have five business days to review it, under the acceptance process in your agreement.
• Defects after launch. You can report defects within the agreed scope for thirty calendar days after launch or final handover, as your agreement describes.
• Maintenance and later work. Ongoing maintenance and new enhancements are scoped and priced separately.
• Other companies’ costs. You pay approved costs from other companies, such as domain names, hosting, advertising and software. Help setting these up is included only where your scope says so.
• Your accounts. Where feasible, accounts such as your domain, hosting, analytics and advertising accounts are held in your name, and you give us delegated access.
• Cancellation. If a project is cancelled, you pay for work completed and for approved costs that cannot be avoided, and we return any unused advance payment. We do not offer a blanket money-back guarantee.
• Monthly services. Monthly services run month to month. You can cancel before the next renewal, and service continues through the period you have paid for. We usually do not refund partial months, unless we agreed otherwise in writing or the law requires it.
• Ownership. Once you have paid for them, you receive transferable rights in the custom deliverables we create for you, to the extent we hold those rights. Our reusable tools, methods and code, and materials licensed from others (such as fonts, stock photos, plugins and software), stay with their owners under their own licenses. Your agreement sets out the details.
• Portfolio. We show a client’s work in our portfolio only with that client’s permission.

Your materials

If you give us text, images, logos or other materials for a project, you confirm that you have the right to use them and to let us use them for your project. You keep ownership of your materials.

Third-party services and licenses

Websites and marketing work often rely on services and materials from other companies, such as hosting providers, domain registrars, fonts, stock photos, plugins, social media platforms and advertising platforms. Those are provided under their own terms and licenses, which you may need to accept, and their availability and pricing are set by those companies, not by us. Your project documents say which ones a project uses and who holds the accounts.

Results are not guaranteed

We work to build websites and marketing that serve your goals, but outcomes such as search rankings, appearances in AI-generated answers, traffic, lead volumes, sales, revenue or advertising performance depend on many factors no one controls, including competitors, platform changes and your market. We do not guarantee specific results, and nothing on this website is a promise of a particular outcome.

Website content

The information on this website is general information about our services. Service descriptions and deliverable lists are examples of scope, not fixed packages or offers, and not every project includes everything listed. The website does not list prices; a written proposal does.

We try to keep the site accurate and working, but we may change or remove content at any time, and the site may occasionally be unavailable.

Concept projects, samples and demos

The projects under “Selected Work” are concept projects: working sample websites for fictional businesses, made to show how we approach a website. They are not client work, and they are labeled as samples. Their names, places, phone numbers and email addresses are fictional, and their forms and buttons do not send anything or contact anyone. The bakery shown at the top of the home page is also fictional.

Samples on this website, and demos, mockups and proposals we share with you before you hire us, are for evaluating our work. Please do not use them, or the original designs, code or text in them, for your business without an agreement with us. This does not claim ownership of general ideas, common layouts or styles, your own materials, or content that we or you licensed from others.

Our name, logo and content

The Byers & Co. Marketing name and logo identify our business. We reserve the rights we hold in them, including rights that come from using them for our services. Please do not use them in a way that suggests we are connected with you or endorse you.

The text and design of this website were created for Byers & Co. Marketing, and we reserve the rights we hold in them. You may view the site, share links to it and print pages for your own reference. Please ask us before reusing substantial parts of it for commercial purposes. This does not limit uses the law allows, such as quoting a short passage with a link.

The site uses fonts under the SIL Open Font License (Libre Caslon and Wix Madefor), icons from Phosphor Icons under the MIT License, and stock photos under the Unsplash License. Names of other companies and platforms, such as Google, Instagram, Facebook, TikTok and LinkedIn, belong to their owners and appear only to describe the services we offer. Their mention does not imply any partnership or endorsement.

Acceptable use

Please do not misuse this website. For example, do not try to break or overload it, get around its security, send spam or harmful code through the contact form, or use the site for anything unlawful.

Links to other websites

This website links to other websites, such as our Instagram profile. We are not responsible for the content or practices of other websites.

Disclaimers and limits of liability

This website and its general information are provided as they are. To the extent the law allows, we are not responsible for losses caused by using or being unable to use this website, or by relying on its general information instead of advice about your specific situation.

This section covers use of the website only. Work under a signed client agreement is covered by that agreement’s own terms. Nothing in this section limits liability that the law does not allow to be limited.

Your rights under the law

Nothing in these terms limits any rights you have under laws that cannot be waived or limited by agreement, including consumer protection laws.

Disputes and governing law

If you have a concern, please email us first at [email protected]. We will both try in good faith to resolve it directly.

These terms are governed by the laws of the State of Missouri, where Missouri law applies and to the extent the law allows. This does not take away protections that the laws where you live give you and that cannot be waived.

If a dispute is not resolved, either of us may take it to a court that has jurisdiction over it. These terms do not require arbitration.

Changes to these terms

We may update these terms. Each version applies from the “Effective” date shown at the top of this page. Changes do not alter a signed client agreement.

Contact us

Questions about these terms: [email protected].