Term & Conditions

Introduction to these terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. [You must be at least 18 years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.] This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Branding Studio Incorporated LLC's use of cookies in accordance with the terms of Branding Studio Incorporated LLC's [privacy policy / cookies policy].

LICENSE TO USE WEBSITE

Unless otherwise stated, Branding Studio Incorporated LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages [or OTHER CONTENT] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

  1. Republish material from this website (including republication on another website);
  2. Sell, rent or sub-license material from the website;
  3. Show any material from the website in public;
  4. Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
  5. Edit or otherwise modify any material on the website; or
  6. Redistribute material from this website [except for content specifically and expressly made available for redistribution]

RESTRICTED ACCESS

Access to certain areas of this website is restricted. Branding Studio Incorporated LLC reserves the right to restrict access to specific areas of this website, or indeed this entire website, at Branding Studio Incorporated LLC's discretion. If Branding Studio Incorporated LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Branding Studio Incorporated LLC may disable your user ID and password in [Branding Studio Incorporated LLC's] sole discretion without notice or explanation.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Branding Studio Incorporated LLC or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Branding Studio Incorporated LLC reserves the right to edit or remove any material submitted to this website, or stored on Branding Studio Incorporated LLC servers, or hosted or published upon this website. Notwithstanding rights under these terms and conditions in relation to user content, Branding Studio Incorporated LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

CONTENT POLICY

Our content policy plays an important role in maintaining a positive experience for you, the client. For the usual websites and resume designs all content (images, headings, copy, text etc.) will be provided by client. In case of resume design, a client has to provide complete personal information with biography, and we do not provide any sort of content services. For an e-commerce website up to 10 to 30 sample products will be provided by the Branding Studio Incorporated LLC team and sample product information will also be provided by client including product name, product price, and product images and shipping policy. CMS and e-commerce management will be handled by Branding Studio Incorporated LLC. We use dummy text (Lorem Ipsum) in the graphics for previewing layouts and visual mockups.

Revision Policy

We provide revision depending upon the package you selected. Customers can ask us for unlimited free revisions and we will revise their design without any additional charges provided that the design and concept remains the same. Revision Turnaround Time would be 48 hours.

Refund Policy / Money Back Guarantee

In any event, any deposited funds for a project shall not be subject to refund after delivery if the initial design concepts are approved, or a change is requested unless Branding Studio Inc™ cancels or terminates your Contract for a reason other than your breach or non-performance.

All refund requests will be fulfilled as per the following arrangement:

• You make a request when the initial concepts for a logo are offered. However once you approve or request changes in the initial designs, the refund offer becomes void and refund request will not be entertained.

• If request for refund is made before the delivery of initial design concepts, then you would be eligible for Full Refund (less 10% service & processing fee).

• If request for refund is made within 48 hours, you would be eligible for 66% refund (less 10% service & processing fee).

• If request for refund is made between 48- 120 hours of the initial design delivery, you would be eligible 33% refund (less 10% service & processing fee).

• No refund request will be entertained after 120 hours of your initial design delivery, however since we believe in 100% customer satisfaction you`re encouraged to contact us in case of any concern.

• No refund request will be entertained if you have not taken any action on your order for 30 days after placing your order. However, if you want to reactivate your design order, you will be charged a certain fee depending on your project.

• Refund is not applicable for Hosting and Website maintenance services.

• No refunds will be applicable for optimized marketing plans once initiated.

• No refund requests will be entertained after the final files have been delivered.

• For website packages no refund will be entertained once website development has been completed or once the website has been deployed live.

• For video animation packages no refund request will be entertained after the designing of the storyboard.

• All refund requests should be communicated to the support department. Branding Studio Inc, based on the violation of your user agreement reserves the right to approve/disapprove your request on an individual case to case basis.

• For Branding Studio Inc / Custom packages, refund will be applicable the same as it is on the single packages.

• For example, if you order logo and web design service and approve the logo, you can claim refund for the website service at the time of initial design only.

• A refund request will need to have a valid reason which must be qualified against the design brief and customer feedback for revisions. Unless a concept has not been designed according to the brief, a refund will not be given however further revisions will be provided until complete satisfaction.

• Money back guarantee is based on that the order is placed in good faith. Where a customer has placed design orders with more than one design agency for the same job with the intention to claim refund, we do not consider it a good faith. In such a case we reserve the right to decline a refund request.

• All design jobs require customer feedback before finalizing the design therefore it is only fair that the customer gets involved and provides feedback in order to get the desired results.

• 100% unique design guarantee entitles you to a re-draw if our designed logo is to be found considerably similar to another logo design that may already exist. Any resemblance to an existing design will be merely a coincidence and Branding Studio Inc will not accept any responsibility or claim of any compensation in such a case. It is the client's responsibility to get their art work copyrighted.

LIMITATIONS OF WARRANTY

This website is provided “as is” without any representations or warranties, express or implied. Branding Studio Incorporated LLC makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Branding Studio Incorporated LLC does not warrant that:

  • this website will be constantly available, or available at all; or
  • for any indirect, special or consequential loss; or
  • show any material from the website in public

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

LIMITATIONS OF LIABILITY

Branding Studio Incorporated LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website to the extent that

  • the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Branding Studio Incorporated LLC has been expressly advised of the potential loss.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Branding Studio Incorporated LLC liability in respect of any:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation on the part of Branding Studio Incorporated LLC; or
  • Matter which it would be illegal or unlawful for Branding Studio Incorporated LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

These limitations of liability apply even if Branding Studio Incorporated LLC has been expressly advised of the potential loss.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. You do not think they are reasonable, you must not use this website then.

MONEY BACK GUARANTEE

Money Back Guarantee is valid till 30 days of order placement, provided that all other terms are applied. Money Back Guarantee is valid only if you have not requested revisions for any design sample/concept within your order. Once you request a revision/change in the provided design sample/concepts, you agreed to proceed further with our services and cannot claim any refunds.

OTHER PARTIES

You accept that, as a limited liability entity, Branding Studio Incorporated LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Branding Studio Incorporated LLC officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Branding Studio Incorporated LLC officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Branding Studio Incorporated LLC.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify Branding Studio Incorporated LLC and undertake to keep Branding Studio Incorporated LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Branding Studio Incorporated LLC to a third party in settlement of a claim or dispute on the advice of Branding Studio Incorporated LLC legal advisers) incurred or suffered by Branding Studio Incorporated LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Branding Studio Incorporated LLC other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as Branding Studio Incorporated LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

Branding Studio Incorporated LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

Branding Studio Incorporated LLC may transfer, sub-contract or otherwise deal with Branding Studio Incorporated LLC rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT

These terms and conditions, together with any other documents, constitute the entire agreement between you and Branding Studio Incorporated LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

CLAUSE OF USE

If a project has been abandoned in terms of approvals or specifications, based on the lack of any written communication between the client and the account manager for a period of at least 30 days then the project will be deemed as closed.

CLOSED PROJECTS

Closed Project is a project that has been either delivered in full or wasn't claimed for a period of at least 60 days and Branding Studio Incorporated LLC cannot be held liable after the stated time duration.