Terms + Conditions
Last revised: January?2017
In case you are located in the United States this Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Your Brand Week provides an online platform that offers customers custom design services: logo design, typography selections, color selections, business card design, presentation slide design templates, and a brand guidelines PDF, each as defined below and collectively, the ?Project Service.?
Your Brand Week provides a week-long (five business days) service offering beginning on a given Monday morning selected by the Customer and ending on the Friday of that same week. Customers agree to the stated scope of work:
a) Logo Design: Your Brand Week will design and deliver one (1) full color logo design in the following formats: vector (Adobe Illustrator), bitmap image (JPG), and transparent image (PNG). The logo design will be delivered to the email address provided by Customer in their responses to the Your Brand Week Questionnaire.
b) Typography Selection(s): Your Brand Week will provide Customer with one (1) primary font selection, and up to one (1) secondary font selection detailed in the Brand Guidelines Document. Customer is responsible for purchasing the license(s) to the font selection(s). Your Brand Week is not responsible for providing font license(s) to Customer. Your Brand Week will provide Customer with typography vendor information for purchasing font selection(s). Your Brand Week is not responsible for teaching Customer how to manage font library software.
c) Color Selection(s): Your Brand Week will provide Customer with one (1) primary color selection, and up to four (4) secondary color selections. Color(s) Selection(s) will be defined with the Pantone ink system and subsequent color derivations using CMYK, RGB, HEX color values will be provided to Customer in the Brand Guidelines Document.
d) Brand Guidelines Document: Your Brand Week will provide Customer with one (1) PDF detailing selections and usage recommendations of the Logo, Typography Selection(s), Color Selection(s), Presentation Slide Templates, and Business Card Design. The Brand Guidelines PDF will be delivered to the email address provided by Customer in their responses to the Your Brand Week Questionnaire.
e) Presentation Slide Template(s): Your Brand Week will provide Customer with one (1) Apple Keynote OR (1) Microsoft PowerPoint file containing up to ten (10) design templates including: Title Template, Section Heading Template, three (3) Text Templates, Line Chart Template, Bar Chart Template, Staff Headshot/Biography Template, Quotation Template, and Text and Image Template. Customer will choose Master Template Format OR Slide Design Format option in Your Brand Week Questionnaire. Your Brand Week is not responsible for teaching Customer how to operate presentation software programs. The Presentation Slide Templates will be delivered to the email address provided by Customer in their responses to the Your Brand Week Questionnaire.
f) Business Card Design: Your Brand Week will provide Customer with one (1) Business Card Design populated with information provided by Customer in their responses to the Your Brand Week Questionnaire for up to three?(3) Customer employees. All Business Card information must be delivered to Your Brand Week through the Questionnaire at the time of Questionnaire submission. If Customer does not have Business Card information at the time of Questionnaire submission, Your Brand Week will populate the Business Card Design with placeholder information to be updated by Customer at a later date. Your Brand Week is not responsible for updating Business Card information after Customer?s scheduled week is completed. Business Card Design will be delivered to the email address provided by Customer in their responses to the Your Brand Week Questionnaire.
g) Option to do one (1)?round of “small changes,” also referred to as “minor edits,” “edits,” “some changes,” or “a little refinement,” at the end of Customer’s booked week. Customer has the option to claim one (1)?round of “small changes” beginning on the Friday of Customer’s booked week and ending on the Friday at 5pm ET immediately following Customer’s booked week. “Small changes” must be requested in writing during this time or Customer shall forfeit the right to claim said round of optional “small changes.”
As “small changes” made to one element of the Project Service are likely to affect other deliverables, any “small?change” made by Your Brand Week will be updated and reflected in the entire Project Service offering. Customer?may request up to two (2) “small changes” detailed below at the end of Customer’s?booked week. Additional requests for changes or edits, or requests not defined as “small changes,” will be accommodated at Your Brand Week’s day rate of $800.
“Small changes,” also referred to as “minor edits,” “edits,” “some changes,” or “a little refinement,” include the following:
i) Logo Design:
Requests for color changes, font changes, rearranging previously designed elements, and/or making any other modification that Your Brand Week?determines will take less than one (1) hour to complete. This does?not include any re-illustration of an icon whether appearing next to typography or within typography, nor does it include adding new design elements such as, but not limited to, business name adjustments.
ii) Typography Selection(s):
One (1) replacement typographic selection.
iii) Color Selection(s):
Replacing, removing, and/or adding one (1) color within the originally designed palette for a maximum of one (1) primary color selection, and up to four (4) secondary color selections.
iv)?Business Card Design:
Replacing, removing, and/or adding contact information to existing business card design.
v) Presentation Slide Template(s):
Type size changes and/or color palette changes. This does?not include layout changes or additional slide layout template types?not originally included in the Project Service.
vi) Brand Guidelines PDF Document:
Edits?will be based on stated and agreed upon “small changes” made to other deliverables in the Project Service. If no changes to other deliverables are made, then no changes to the Brand Guidelines PDF will be made.
If Customer is not satisfied with any part of the Project Services provided, Your Brand Week will provide Customer with a quote based on feedback Customer provides at a day rate of $800 for additional services. Customer will not be required to book an additional week for the additional services. Customer understands that Customer?s personal opinion regarding final designs delivered will not be a basis for requesting a refund.
Customer agrees to pay Your Brand Week 50% upon scheduling?a week and 50% upon delivery of completed files. All payments will be in US Dollars ($).
All designs from Project Services will be delivered to the email address provided by Customer in their responses to the Your Brand Week Questionnaire. Your Brand Week will provide an explanation of designs delivered as Project Services during a one-hour Delivery Call scheduled on the Friday of Customer?s booked week. Customer is responsible for attending said Delivery Call. If Customer is unable to attend said Delivery Call, Your Brand Week will deliver design files to the email address provided by Customer in their responses to the Your Brand Week Questionnaire without a Delivery Call. Delivery and completion of Project Services will not be dependent on the Delivery Call taking place.
Customer may reschedule their booked week with email notice of at least two (2) weeks in advance of Customer?s scheduled Monday Kick-Off Call. Customer may reschedule their booked week once; additional requests for rescheduling will be considered a cancellation and will not be refunded. When rescheduling, Customer must choose a new, available week from the current Your Brand Week Calendar. Your Brand Week makes no guarantees as to the next available week. Customer does not have the option to reschedule their booked week within two weeks of Customer?s scheduled Monday Kick-Off Call.
Customers may cancel their booked week with email notice to Your Brand Week if the Monday of Customer?s scheduled week is at least 30 days away. If Customer cancels their booked week with 30 days notice or more Your Brand Week will refund Customer?s payment in full using the same method Customer used to remit payment to Your Brand Week. Cancellation requests within 30 days of the Monday of Customer?s scheduled week will not be refunded.?Customer?s failure to attend their scheduled Monday Kick-Off Call will be considered a cancellation and will not be refunded.
Refund will be paid to Customer using the same payment method Customer used to remit the Customer Payment to Your Brand Week or via any other method specified by Your Brand Week from time to time.
In order to use the Service, Customer must complete the Your Brand Week Questionnaire and provide certain information about himself/herself and Customer?s business as prompted by the Your Brand Week Questionnaire. Customer represents and warrants that all required information submitted is truthful and accurate. Your Brand Week agrees to keep Customer?s completed Questionnaire information confidential and secure. Likewise the Your Brand Week Questionnaire is the intellectual property of Your Brand Week. Customer agrees that he/she will not redistribute Questionnaire.
Intellectual Property and Design Transfer Agreement
Subject to these terms and conditions, upon payment in full and delivery of final Designs, Your Brand Week grants Customer a non-transferable, non-exclusive license to use the Designs created for Customer?s business purposes. Your Brand Week reserves the right to use final Designs for any promotional purposes. Customer is responsible for registering a trademark or service mark with governmental authorities upon delivery of final Designs. Your Brand Week is not responsible for conducting trademark or service mark searches on behalf of Customer.
If you provide Your Brand Week any feedback or suggestions regarding the Site or Services, you hereby assign and agree to assign upon our request to Your Brand Week all rights in the Feedback and agree that Your Brand Week shall have the right to use such Feedback and related information in any manner it deems appropriate.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. You acknowledge and agree that Your Brand Week will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
You agree to indemnify and hold Your Brand Week (and its officers, employees, and agents) harmless, including reasonable costs and attorneys? fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your violation of this Agreement or any applicable laws. Your Brand Week reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. Your Brand Week will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Limitation on Liability
In no event shall Your Brand Week be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to Project Services or your use of, or inability to use, the Site or Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Site and Services are at your own discretion and risk.
(a) Governing Law.
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of Massachusetts, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
(b) United States.
If you are located in the United States, the following applies to you. Please read this carefully. It affects your rights.
(c) Except for either party?s claims of infringement or misappropriation of the other party?s patent, copyright, trademark, or trade secret, any and all disputes between you and Your Brand Week, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Your Brand Week Site and Service. (ii) You agree that by purchasing Your Brand Week Project Services, you and Your Brand Week are each waiving the right to trial by jury or to participate in a class action. You and Your Brand Week agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.