Complaints

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• Initial Complaint

  Date:08/16/2024

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Claim Summary: Non-Delivery of ************* by Brandstar Business Name: Brandstar Date of Transaction: January 2024 Total Amount Paid: $79,675 Details of the Transaction:What Was Promised:In January 2024, our company, Doctor ******, entered into a contract with Brandstar for a full suite of marketing services. This included:Ongoing marketing services billed on a monthly basis.A one-time service to produce a promotional video.The development of 9 landing pages for our e-commerce platform.Nature of the Dispute:Non-Delivery of Services:Despite paying the full amount of $79,675, Brandstar has failed to deliver the key components of the contract. The promotional video, filmed in April 2024, has not been delivered in its final form. Additionally, none of the 9 landing pages have been completed or delivered.Termination of Contract:Due to repeated delays and failure to deliver the promised services, we terminated the contract with Brandstar in May 2024. However, Brandstar assured us that they would still complete and deliver the video and the landing pages. As of August 16, 2024, we have not received any of the promised deliverables.Attempts to Resolve the Issue:Communication:We have made multiple attempts to resolve this issue directly with Brandstar, but they have not fulfilled their commitments or provided the services as agreed.Advertising:No Advertising Involvement:This issue does not involve any specific advertising claims seen or heard by us. Our decision to work with Brandstar was based on direct discussions and the agreement we signed.Resolution Sought:We are seeking a refund of $34,000, which corresponds to the cost of the video and the 9 landing pages that were never delivered.We believe this is a fair and reasonable request given the circumstances and the considerable amount already paid.

  Business Response

  Date: 09/03/2024

  To whom this may concern,
  
  Doctor ****** signed their primary agreement with BrandStar Digital on January 12th, 2024. 
  
  Nowhere within the approved scope of work does it specifically mention landing pages. The scope of work lists a range of hours to be allocated towards website and creative related services. 
  
  At the client's request, a revised agreement was prepared and signed on April 1st, 2024. Within that second agreement, additional detail was added, stating that those hours could be reallocated towards up to 8 landing pages, while still limited to the same number of hours by team members. 
  
  Both agreements make it clear that they were buying a block of time to be used at the client's direction. Those hours of production time by our graphic design, website design, e-commerce web development, and client services team have been fully used between January and the writing of this response. 
  
  Landing page designs were created, edited based on the client's feedback, and subsequently approved. Those approved landing page designs were coded into the clients Shopify website. Unfortunately, based on an error by the client's marketing team, the coded landing pages within their Shopify account where deleted in such a way that they were unrecoverable. While attempting to code the landing page designs into the client's website a second time, at no additional cost to the client, they were accidentally deleted again by the client. Following that notification, they client removed our access, which prevented us from providing any further support for their landing pages. 
  
  BrandStar fully provided the services listed within the Video Production heading out the scope of work in the executed agreement. The "brand essence" video has been approved by the client. Delivery of the final video for client use was delayed by the fining a dispute on their most recent payment to us. 
  
  Doctor ****** did not terminate services in May 2024. We proactively offered to provide services for the month of June 2024 at no cost to the client. The client submitted written notice on June 24th, 2024. Please see attached. When services were terminated by the client, it was due to financial challenges in their business. 
  
  After providing a month of services at no cost to the clients in June, and receiving their termination notice on June 24th, BrandStar continued to work and communicate in good faith on completing the video and put in time towards the landing pages. There is a paper trail of emails and meetings to that effect. 
  
  Over the past month, our ***Founder and *** has had multiple conversations with ******* and visiting their place of business in person on August 26th, 2024. 
  
  The agreement links to **********************************************
  
  Those terms include:
  
  Client ************************* Providers performance of its obligations under this Agreement is prevented or delayed by any act or omission of Client, any Authorized Person or its agents, subcontractors, consultants or employees, Service Provider shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Client, in each case, to the extent arising directly or indirectly from such prevention or delay.
  
  Client shall not lock Service Provider out of its website or related accounts prior to Service Provider receiving full payment of fees and expenses as provided in this Agreement. 
  
  Client acknowledges and agrees that Service Provider shall not be responsible for or have any liability with respect to any Losses incurred by Client arising from or relating to any modifications made by any third party to any Deliverables provided hereunder, including but not limited to Clients websites, digital media, and other materials once placed.
  
  Termination; Effect of Termination.
  Either party, in its sole discretion, may terminate this Agreement or any Statement of Work, in whole or in part, after the initial twelve month term, without cause, by providing at least thirty (30) calendar days prior written notice to the other party. If this Agreement is canceled by Client without cause within twelve months of the Effective Date, Client still owes the contract value.
  Upon expiration of this Agreement for any reason:
  a)    Client shall promptly pay Service Provider for all costs incurred by Service Provider (including outstanding invoices due to Subcontractors and any advance payments made by Service Provider to Subcontractors) on or prior to the date Client notifies Service Provider of such termination, to the extent not previously paid by Client.
  b)   Upon payment of all applicable fees and other expenses to be paid hereunder by Client, Service Provider shall deliver to Client all Deliverables (whether complete or incomplete) for which Client has paid and all Customer Materials.
  
  As ********************** provided the full scope of work for the video production and used the hours towards the landing page (website and creative) retainer, BrandStar is fully entitled to be paid in full for the services rendered. 
  
  We are in direct communication with ******* and have offered to provide an additional video to settle out their concerns. 
  
  We hope this response was insightful. We appreciate your support as we resolve all concerns.