Terms & Conditions for Semi-Custom Branding
Updated on July 20, 2022
These Terms and conditions apply to the purchase and sale of products and services through www.braevin.com. Your purchase of any product or service available through BRAEVIN means you accept and agree to these Terms.
WHAT BOTH PARTIES AGREE TO DO
CLIENT (“You”): Will provide the assets and information required by BRAEVIN to complete this project. You will review work, provide feedback and approval in a timely manner. You will also adhere to the payment schedule described below and in the Proposal.
BRAEVIN (“We” or “Us”): We have the experience, personnel, and ability to do what we’ve agreed with you and will complete it in a professional and timely manner. We will meet deadlines that are set and maintain the confidentiality of confidential information you provide for us.
PRICING AND PAYMENT DETAILS
All prices posted on www.braevin.com are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes.
Payment must be received by us before our acceptance of an order. You represent and warrant that the credit card information you supply to us is true, correct, and complete, you are duly authorized to use such credit card for the purchase, charges incurred by you will be honored by your credit card company, and you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
We offer NO REFUNDS ON ANY PRODUCTS OR SERVICES DESIGNATED ON THIS SITE AS NON-RETURNABLE and ALL SALES ARE FINAL because it is impossible to return a digital product.
Any Design Work or Additional Revisions requested by the CLIENT that is outside of the project scope stated here will be billed at an hourly rate of $95/hr or determined in a separate proposal.
INTELLECTUAL PROPERTY RIGHTS
BRAEVIN retains ownership for any Design Work related to this project. To be clear, "Design Work" is defined as: the finished product, as well as drafts, notes, materials, mockups, designs, and anything else that BRAEVIN works on, creates, designs, develops, or works on as part of this project, whether before the date of these Terms or after. You agree you have the right to any copyrights, text, photos, designs, or intellectual property you provide to BRAEVIN to incorporate into the Design Work, and you will defend and indemnify BRAEVIN if such intellectual property constitutes infringement upon the rights of anyone else.
If the CLIENT provides assets to incorporate into the Design Work, the CLIENT guarantees that these assets do not infringe on someone else’s intellectual property, and that all elements of text, images or other artwork are either owned by you or that you have permission to use them.
BRAEVIN will also carry out our work according to good industry practice, and our intent is never to infringe on someone else’s intellectual property. All elements of the work we deliver to the CLIENT are either owned or created by us or we've obtained permission to provide them to you. However, we can’t guarantee that our work will be error-free.
BRAEVIN grants the CLIENT license to use this Design Work only for CLIENT’s own purposes in furtherance of CLIENT’s own business, once the CLIENT pays for it in full. CLIENT may not re-license, sub-license, or distribute the Design Work to any third parties except for the purposes of using the Design Work in the conduct of CLIENT’s own business.
BRAEVIN intends to display the work completed as a part of their portfolio, for sample use, social media marketing and advertising purposes, and CLIENT agrees to such use.
DEFINING THE RELATIONSHIP
The CLIENT is hiring BRAEVIN as an independent contractor. This means that the CLIENT and BRAEVIN do not have a partnership or employer-employee relationship. BRAEVIN will use our own equipment, tools, and material to do the work, the CLIENT will not control how the job is performed on a day-to-day basis and will not provide any training. BRAEVIN cannot enter into contracts, make promises, or act on behalf of the CLIENT. BRAEVIN is not entitled to the CLIENT’S benefits. BRAEVIN is responsible for our own taxes and the CLIENT will not withhold anything from payments.
BRAEVIN will use commercially reasonable efforts in performing under these Terms, but is excused from immaterial defaults, problems, or causes reasonably outside of our control (such as weather, war, strikes, acts of God, and other force majeure circumstances) that delay our performance.
Except for these Terms, BRAEVIN makes no warranties about our work.
IF WE NEED TO BREAK-UP
If work is delayed by more than 60 days either because the CLIENT is unresponsive, has told us to suspend work, has not performed their obligations, or decides to terminate the project, they are still responsible for completing the full payment. If you decide later to re-initiate the project, BRAEVIN will provide an estimate for how, if, and when work can begin.
LEGALITIES
We will not be liable to one-another or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised each other of them.
BRAEVIN’s liability is limited to the amount of fees payable to BRAEVIN under these Terms.
Neither party is liable for damages that the breaching party could not have reasonably foreseen when they entered these Terms.
CONFIDENTIAL INFORMATION
BRAEVIN will use reasonable efforts to treat all confidential information provided by the CLIENT as if it’s our own, not shared with any third parties and used only for purposes related to the Design Work under these Terms. You must tell us what information you consider confidential, unless the context clearly indicates that the information is confidential by its own nature (such as your financial information). If the information is public elsewhere, it is not considered confidential information under these Terms.
IN CLOSING
Both parties agree to adhere to all relevant laws and regulations in relation to our activities under these Terms and not cause the other to breach any relevant laws or regulations.
The laws of the state of Oregon govern the rights and obligations of the CLIENT and BRAEVIN under these Terms. Except for nonpayment disputes that can be resolved in Small Claims Court in Oregon, if a dispute arises about these Terms, we agree to not sue one another or go to court, but we will seek all remedies according to expedited, binding arbitration with the Arbitration Service of Portland, Inc. Attorney’s fees may be awarded by the arbitrator to the prevailing party, and the arbitrator’s decision will be final.
These Terms stay in place and will not need to be renewed. If for some reason one part becomes invalid or unenforceable, the remaining parts of it stay put.
These Terms contain the entire understanding between BRAEVIN and the CLIENT. It supersedes all prior agreements between the parties.