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CHESTER BINALLA – CREATIVE BRANDING TERMS OF SERVICE

Hey there! Welcome to Chester Binalla Creative Branding’s Terms of Service. I want to make sure you have all the info you need before using my services, so please take a moment to read through these terms carefully. By using my services, you agree to be bound by these terms, but I’m here to help if you have any questions or concerns. If anything jumps out at you as a potential issue, just give me a heads-up before we get started on your project, and we can work together to make any necessary modifications specific to your needs.

1.  Services

Chester Binalla Creative Branding provides subscription-based branding services which include Brand Strategy, Brand Identity, Logo Design, Packaging Design, Market Research, Brand Audit and Web Design. I will work with you to create a unique and personalized brand strategy that meets your business needs. My services are subject to availability and I reserve the right to modify or discontinue my services at any time without notice

2. Payment Terms

a. Subscription-Based Services
All branding services offered under a subscription model (weekly, monthly, or quarterly) are billed upfront before any work begins.

  • Payment is required in full to start or continue any work.

  • Subscriptions auto-renew based on the chosen billing cycle.

  • You are responsible for managing your subscription, including pausing or canceling before the next billing cycle.

  • Missed or failed payments will result in a work stoppage until payment is resolved.

  • All work, deliverables, and communication are scoped within the active subscription period.

b. Fixed-Priced Projects (Special Projects)
Some projects may fall outside the standard subscription model. These are considered special projects and are priced with a fixed total fee based on a custom agreement.

  • A 50% non-refundable down payment is required to secure your project and start work.

  • The remaining 50% is due upon project completion, before final files, assets, or deliverables are handed over.

  • “Completion” refers to the final agreed scope being delivered, not the client’s approval timeline.

  • Work will only begin after the down payment is received and terms are agreed in writing.

  • Timelines, scope, and revisions will be clearly outlined during the proposal stage to avoid misunderstandings.

3. Refund Policy & Subscription Pause

a. Subscription Plans
No refunds are provided for weekly, monthly, or quarterly subscription plans.

  • If you cancel your subscription, you will retain access to services until the end of your current billing period.

  • Canceling prevents future charges but does not trigger a refund for the remaining time.

  • You may request to pause your subscription for up to 30 days once per quarter.

  • Paused time does not accumulate or extend your subscription. Work resumes when billing resumes.

  • If no work has started and you made a billing error, you may contact us within 24 hours for a one-time review.

b. Fixed-Priced Projects (Special Projects)
Refunds for special fixed-priced projects follow a stricter policy:

  • You may request a refund only within 7 calendar days from the date the 50% down payment is received.

  • After 7 days, no refund (partial or full) will be granted for any reason.

  • If the project is canceled within the 7-day window, work will cease and any partially completed work will not be delivered.

  • This policy is in place to respect the scheduling, planning, resources, and early execution steps already taken on your project.

4. Fonts and Typefaces

Any fonts/typefaces that are purchased for the final logo, and/or supporting brand identity assets, are subject to commercial licensing laws. A font/typeface license gives only the owner full rights to use the font/typeface as necessary.

In my initial presentation of concepts, I will provide information on the typefaces used and where they can be acquired. It is the responsibility of the client to acquire any necessary font licenses (paid or unpaid), so please bear this in mind when approving designs.

It is against the law for me to provide any client a ‘copy’ of any font/typeface that I own, and have personally purchased.

If you would like to use a copy of a font/typeface that I have purchased, to be used commercially, you must purchase the respective font/typeface license, and register it in your name.

Typically, a font used in a logo will not need to be licensed, as the graphics are converted to vector artwork and can no longer be edited. However, should you require a font to use in your own artwork for editing purposes, such as on a website or a print presentation, then you will need your own license through a desktop license purchase.

5. Restrictions

These Terms of Service do not give you the rights or permission to use/modify/alter/replicate or borrow any of the previous ideas/concepts/sketches that I present. All original preparation materials, sketches, visuals, and unused ideas shown and considered will remain the property of Chester Binalla Creative Branding.

I am free to use these unused and previous ideas for future conceptual and client work. Where a previously unused idea/design retains a similar look and style to the finished logo, I shall repurpose and style so that the end design is sufficiently different so as to not cause conflict.

Unless otherwise agreed and arranged, I reserve the right to showcase the finished logo and associated designs in our portfolio and in any number of online galleries/portfolio/showcases/awards as well as in printed literature including books

6. Force Majeure

Events beyond my control

I cannot be held responsible for any failure or delay in delivering the services or performing my obligations under these Terms of Service if such failure or delay is caused by circumstances beyond my reasonable control, including but not limited to acts of God, war, terrorism, civil commotion, labor disputes, strikes, fire, flood, natural disaster, governmental regulations, power failures, or internet connectivity problems.

In the event of such a delay, I will use reasonable endeavors to minimize the impact on the project and complete it as soon as reasonably possible.

7. Disclaimer of Warranties and Limitation of Liability

What we are responsible for

I provide my services on an “as is” basis and without warranty or condition, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. I do not warrant that the services will be error-free, uninterrupted, or free of viruses or other harmful components.

In no event shall I be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the services, even if I have been advised of the possibility of such damages.

8. Indemnification

Protecting each other

You agree to indemnify and hold Chester Allan Binalla (Chester Binalla Creative Branding) harmless from any and all losses, liabilities, damages, and expenses (including reasonable legal fees) arising from or related to your use of the services, including but not limited to any breach of these Terms of Service, any infringement of any intellectual property rights, or any violation of applicable law.

9. Governing Law and Dispute Resolution

Where we stand

These Terms of Service shall be governed by and construed in accordance with the laws of the country in which Chester Binalla Creative Branding is located.

Any dispute arising out of or in connection with these Terms of Service, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of the local arbitration association in the country in which Chester Binalla Creative Branding is located.

The language of the arbitration shall be English.

10. Entire Agreement

The full story

These Terms of Service, together with any proposals or other agreements between you and Chester Binalla (Chester Binalla Creative Branding) relating to the services, constitute the entire agreement between us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between us.

Any modifications to these Terms of Service must be in writing and signed by both parties.

By using the services provided by Chester Binalla Creative Branding, you agree to be bound by these Terms of Service.