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
As a subscriber to Chester Binalla Creative Branding’s services, you agree to pay a recurring subscription fee, which will be determined based on the selected subscription package and the scope of branding services provided.
The subscription fee will be billed in advance on a weekly/monthly/quarterly basis, depending on your chosen subscription plan. The first payment shall be due upon subscribing to the service and subsequent payments will be automatically charged to your designated payment method on the same date each billing cycle.
By providing your billing information, you authorize Chester Binalla Creative Branding to automatically charge the subscription fee to the designated payment method on file for each billing cycle. You are responsible for ensuring that your billing information is accurate and up-to-date to avoid any disruptions in service.
3. Refund Policy & Subscription Pause
I aim to ensure satisfaction with my subscription-based services. Once subscribed, the initial payment is non-refundable as it initiates access to our resources. Recurring subscription fees are non-refundable post-charging. However, in exceptional circumstances or if services are discontinued, clients may be eligible for a prorated refund for the unused portion of their subscription. Clients can request a refund by contacting me and providing relevant details within a specified time frame. Please note, refunds do not cover services already rendered or third-party costs like font licenses.
Additionally, acknowledging the dynamic needs of my clients, subscribers have the flexibility to pause their subscription temporarily. This option allows subscribers to halt their services without cancellation, resuming when ready, and without losing subscription benefits.
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.
