Terms of service
At The Brandelier, we are committed to providing clear and transparent terms that govern the use of our services and website. These Terms of Service outline your rights and responsibilities when engaging with us, ensuring a smooth and trustworthy partnership. Please take a moment to review these terms carefully before using our services.
This website is operated by The Brandelier and any sister company. Throughout the site, the terms “we”, “us” and “our” refer to The Brandelier and any sister company. The Brandelier and any sister company offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Scope of Services
The Brandelier provides a range of creative marketing and digital services, including but not limited to email marketing, website design and development, systems setup, branding and print, social media management and content creation, photography, and creative direction. Services may be delivered on a project basis, under monthly retainers, or through bespoke agreements.
The exact scope and nature of services will be set out in your individual proposal or contract. We reserve the right to modify our service offerings as necessary to meet client needs, provided any changes are mutually agreed in writing.
2. Client Responsibilities
You agree to provide all necessary information, materials, and approvals promptly to enable timely and effective delivery of services. Delays caused by late responses or missing materials may affect project timelines and could incur additional charges.
Clients warrant that any content, materials, or intellectual property provided to The Brandelier do not infringe third-party rights and indemnify The Brandelier against any claims arising from such content.
3. Payment Terms and Invoicing
Fees and payment schedules will be clearly outlined in your service agreement. Deposits, where applicable, are non-refundable and secure the booking of services. Full payment is required before delivery of final assets unless otherwise agreed.
We may offer payment plans or retainers subject to eligibility. Non-payment or late payment may result in suspension or termination of services without refund. All fees exclude VAT unless otherwise stated.
4. Price Changes and Increases
The Brandelier reserves the right to adjust pricing at its discretion. Any price changes will be communicated at least 30 days before implementation. Prices for ongoing projects or retainers will be honoured for the agreed term unless otherwise stated. Renewals or new projects will reflect updated pricing.
5. Intellectual Property Rights and Usage
All original creative work, including designs, content, and materials produced by The Brandelier, remain our sole property until full payment is received. Once paid in full, the Client is granted a non-exclusive, non-transferable licence to use the deliverables as agreed.
Unauthorised reproduction, resale, modification, or distribution without prior written consent is prohibited and may lead to legal action.
6. Refund and Cancellation Policy
Due to the bespoke nature of our services and creative work, all sales are final once work has commenced or deliverables provided. Refunds or exchanges will not be issued.
For technical issues such as failed downloads or access problems, please notify us within five (5) business days of purchase for assistance.
7. Limitation of Liability
To the fullest extent permitted by law, The Brandelier shall not be liable for indirect, incidental, consequential, or punitive damages arising from use or inability to use our services or products, including loss of profits, business interruption, or data loss.
We do not guarantee specific results from marketing activities or digital services, as outcomes depend on factors beyond our control.
8. Confidentiality
Both parties agree to maintain confidentiality of any proprietary or sensitive information shared during our engagement, except where disclosure is required by law or with prior written consent.
9. Termination
Either party may terminate the agreement with written notice as detailed in the contract. Termination does not absolve the Client from payment obligations for services rendered up to termination.
10. Force Majeure
We shall not be liable for delays or failures in performance caused by events beyond reasonable control, including but not limited to natural disasters, pandemics, government actions, technical failures, or other force majeure events as recognised under English law.
11. Third-Party Platforms and Software Disclaimer
Our services may involve integration with third-party software and platforms (e.g., Klaviyo, Canva, Squarespace). We are not responsible for service interruptions or changes imposed by these providers. Clients are responsible for their accounts, subscriptions, and compliance with third-party terms.
12. Edits and Revisions Policy
Each project or service package includes a specified number of revisions as detailed in your agreement. Additional revisions beyond this scope may incur extra charges at our standard hourly rates.
13. Transferability of Services and Products
All digital products and services delivered are licensed exclusively to the original Client and may not be transferred, resold, sublicensed, or repurposed without prior written permission.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15. Contact Information
For any questions or clarifications about these Terms, please contact us at: info@thebrandelier.co.uk