Please read this Agreement carefully before using the services.
THE LEGAL AGREEMENTS LISTED BELOW GOVERN YOUR USE OF THE BRANDHQ UNLIMITED DIGITAL MARKETING SERVICES (“SERVICES”). BY USING OUR SERVICES, YOU AGREE TO THESE TERMS, WHICH MAY BE AMENDED FROM TIME TO TIME AT OUR (“COMPANY”) ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE COMPANY’S SERVICES.
1. How Our Services Work
BrandHQ offers fix-priced unlimited services for the following types of digital content/material:
- Web design and maintenance
- Graphic design
- Social media content
- Web content and copywriting.
We are an online service where users (Customers/You) can:
- Subscribe to a monthly service with a monthly-recurring Fee, and request an unlimited number of new web design, graphic design or custom content requests, revisions or improvements (Tasks) to be completed, and
- Receive regular social media post caption or blog articles throughout the business week (Monday – Friday, PH time) as specified in the subscription plan, or
- For a single Fee, request custom tasks (Tasks) to be completed.
An appropriate Task, by way of example, might be to create a Facebook cover photo with the logo and text or add a product on the ecommerce website as specified by the Customer.
The BrandHQ services work as follows:
- Customer subscribes to the monthly fix-priced subscription service OR orders a custom task (whether it’s a website, a graphic design, social media post, or written content)
- Customer provides Task Content via email, chat or through the appropriate request pages (2a), one at a time
- BrandHQ fulfills and delivers the Task
- Customer accepts Task output via email or sees the changes live (i.e. website)
- Monthly fix-priced subscription service customers may request a new Task only once step 4 is complete.
Note: BrandHQ reserves the right to reject a Task at any time especially if it violates the limitations set in the subscription plan.
(A) Required Information. Each Task should consist of (A) a detailed description of the Task and (B) electronic files, if any, required to complete the Task (together, Task Content). By submitting a request from us, you consent that we require such information necessary for the Task at any time, especially product photos and information which we cannot obtain otherwise.
(B) Representation Regarding Right to Submit. By submitting a Task to BrandHQ, a Customer represents that Customer owns the Task Content or otherwise has the right to submit Task Content to us, and Customer’s use of the Task Content does not violate any third party intellectual property or other rights.
(C) Ownership of Task Content. Customer maintains the ownership rights in any Task Content that such Customer submits to the Site.
(D) Grant of Limited Rights to BrandHQ. By submitting a Task to BrandHQ, you gives us the rights to Task Content solely to the extent necessary to complete the Task.
(E) Grant of Limited Rights to Us. Each Customer authorizes us to retain archival copies of all Task Content that such Customer has submitted and to use such Task Content in connection with the Site and our business, including for promoting the Site in any media format and through any media channel.
Delivery to Customer; Turnaround Time. When a Task is requested, BrandHQ will deliver that task within the number of business day or days as specified on the Customer’s current subscription plan. Each Revision request will operate under the same process.
For tasks output defined by weekly quantity rather than turnaround time—such as the case with social media posts and blog articles—BrandHQ will deliver the task output by the end of the given week. For instance, if the subscription plan indicates 4 blog articles per month, BrandHQ will deliver the task output within Monday-Friday of each week.
For tasks with indefinite turnaround time—such as the case with web design and custom content—BrandHQ will deliver the task in the soonest possible duration depending on the complexity of the task.
Delivery to Customer; Acceptance. When a Task is complete, the Customer who submitted it will receive an email from us with the contents of the Delivery available via one or more download links, or receive an update of any live changes on the website. A Task is considered “accepted” by the Customer (i) when the Customer advises us in writing, or (ii) if it is not declined by the Customer within 72 hours after notification of the Delivery.
Delivery to Customer; Files. When a Task is Accepted, BrandHQ will deliver all requested files. BrandHQ is not under any obligation to provide a Customer any files that are “unlayered”, “editable” or otherwise allow the Customer to make any changes. We will retain archival copies of all Delivery Files that we have created and will retain the right to use such Delivery Files in connection with the Site and our business, including for promoting the Site in any media format and through any media channel.
Misstep: If a Customer is Not Satisfied with the Delivery.
If a Customer is not satisfied with the Delivery, the Customer may decline the Delivery and it will be returned to BrandHQ for Revision. We will attempt to make modifications to make the Delivery fit Customer’s reasonable expectations. BrandHQ will resubmit the revised Delivery within 1-2 business days depending on the scope of revision. A revised Delivery that is not declined by Customer within 72 hours after being resubmitted will be considered accepted by Customer.
(A) If BrandHQ determines that either (1) Customer’s demands with respect to Delivery are not reasonable given the original Task specification, (2) Customer is being actively malicious, or (3) Customer has not provided enough guidance, materials or instruction to BrandHQ resulting in the need for multiple edits, the Customer will be deemed to have accepted the Delivery. Failure to proceed to the next Task due to such cases shall be the responsibility of the Customer.
4. Our Rights
(i) Our Intellectual Property. We retain all rights to intellectual property underlying this Site.
- You acknowledge and agree that all Intellectual Property Rights in all files and other documents in connection with the services vests in us on its creation. This does not include your Background IP, your domain name (for web design services), or any licenses (such as image licenses).
- Upon full payment of our fees, we will assign to you all Intellectual Property Rights in the Task, except in relation to any of our Background IP. In such case we have a perpetual, irrevocable license to use the relevant Task Intellectual Property Rights unless agreed otherwise in writing. Intellectual Property Rights that we have agreed to transfer to you do not include any licenses or other Intellectual Property Rights that we are not able to assign.
- Each party retains ownership of its Background IP and grants to the other party a non-exclusive, royalty-free license as follows:
- for us, to the extent necessary to enable us to provide the services, exercise our rights in accordance with the provisions of these terms and conditions and otherwise carry out our obligations under these terms and conditions, and
- for you only for the purpose and scope of the Task, unless otherwise agreed in writing.
- If during the course of providing the services we develop, discover, or first reduce to practice a concept, product or process which is capable of being patented, then such concept, product or process will remain our property and you must not use or otherwise appropriate such property without first obtaining our written consent.
- To the extent permitted by applicable laws and for your benefit, we will, upon your request in writing procure the consent from the holder of any moral rights in the project.
- We may purchase rights to images that we use in providing the services to you. Such images may be subject to a license agreement between us and a third party that may restrict your use of those images. Please ask us if you would like to be given a copy of the terms of any such license. Unless otherwise agreed in writing, we may at our discretion use images that have been used in providing the services to you, with other clients or on other works. If you require specific images, you may be required to pay additional fee(s) for that use. Even if we agree to provide an image to you exclusively, we cannot guarantee that the image will not be used by other third parties who may have obtained these images from another party.
- We reserve the right to display all Tasks that we create for you on our website, any subsidiary website, and marketing material. The only exception to this is if a Non-Disclosure Agreement (NDA) has been requested and signed by the Customer, and granted and signed by BrandHQ.
(ii) Task Content Review. We reserve the right to review any Task Content, and to investigate any disputes related to the Site.
(iii) Backup; No Liability. Maintaining a safe and secure Customers is a top priority for us and we intend to back up and safeguard Task Content posted to our Site using reasonable commercial efforts. However, we do not guarantee that there will not be any loss, and we will not be liable in the event of such loss of Task Content.
(iv) Discretionary Right to Suspend or Terminate Account. We reserve the right to suspend or terminate the account of any Customer at any time for failure, or perceived failure, to comply with this Agreement, or for any other reason in our sole discretion.
(v) Right to Assume Our Defense. If you are required to indemnify us from any claim or loss, we reserve the right, at your expense, to assume the exclusive defense and control of such matter. We will use reasonable efforts to notify you of any such indemnifiable claim or loss upon becoming aware of it.
(vi) Disclaimer. Except where prohibited by law, the Site is provided as-is and as available and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Site (A) will meet your requirements; (B) will be available on an uninterrupted, timely, secure, or error-free basis; or (C) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe; (C) reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
(vii) Limitation of Liability. Our liability to you will be limited as set forth in Section 4(d) of this Agreement.
5. Unlimited And Fair Use Policy
The term “unlimited” is subject to a Fair Use clause. The definition of Fair Use is determined by BrandHQ management, at its sole and exclusive discretion, and based on the limitations indicated in the subscription plans.
Unlimited Web Development & Maintenance
BrandHQ deserves the right to determine if a certain web development request falls on the scope of your subscription plan, especially if the requested website feature, function or plugin could not possibly be covered by your monthly payment.
BrandHQ has the right to reject a requested complicated web development project or accept it at a custom price.
Unlimited Graphic Designs
BrandHQ deserves the right to determine if a design request falls on the scope of your subscription plan, especially if the requested graphic task could not possibly be finished within the expected deadline according to your subscription plan.
Big and complicated design projects like company profile and multi-page brochures or graphics with elaborate effects will not be applicable to our regular unlimited plans. If Customers demand such projects, it shall be considered a custom project, for which BrandHQ has the right to reject or accept at a custom price.
Unlimited Content and Copywriting
BrandHQ deserves the right to determine if a certain custom content request falls on the scope of your subscription plan, especially if the requested content could not possibly be covered by your monthly payment. In such cases, we will inform you accordingly if the project will take longer than expected as appropriate for you subscription plan.
If, however, you wish that such content project be completed at a specific time, BrandHQ has the right to reject or accept it at a custom price.
Customers deemed to be abusing any of BrandHQ services will be contacted by our management. We retain the sole and absolute discretion to suspend service to you if we deem necessary.
6. Termination & Cancellation
Cancellation can occur at any time. You are never required to stay with us–in fact, you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
BrandHQ may terminate any and all Services and/or your BrandHQ account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach these Terms.
In no event will BrandHQ put an account on Hold, Pause or any other suspended state. An account may only be active or canceled. All Hold or Pause requests will be processed as a cancellation of an account immediately.
Refund of any unused portion of a subscription month will not be given if a termination request is issued by the Customer. The only exception to this is if a termination request is given within the (15 days) Money-back guarantee conditions.
Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your BrandHQ account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or email our support team at email@example.com to issue a termination request.
7. Money-back guarantee policy
If you are not happy with our web design, graphic design, social media post, custom written content, or any aspect of our services to you—you may request your monthly fee to be fully refunded to you:
- This policy applies only to the first 15-days since the start of your subscription service with us. Any subsequent Tasks after the 15-day period within your first month or any other months are not included in this policy.
- Refunds are not provided to any unused days—whether whole or part—of a subscription month.
8. Copyright Infringement
Posting or requesting Task Content that violates any copyright or other intellectual property rights is in express violation of this Agreement. If you believe your copyrighted work was submitted by a Customer to us without authorization, you may submit a DCMA takedown notice to us at firstname.lastname@example.org. Only the copyright owner, or an agent authorized to act on the owner’s behalf, may submit such a notice.
9. Limitation of Liability
In no event will we be liable to you or any third party for any lost profit or any damages arising from or relating to this Agreement. Your use of the Site is at your own discretion and risk. Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the amounts you have paid to us in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit.
Accepted with respect to Delivery means, as applicable, either (i) when the Customer advises us in writing, or (ii) if it is not declined by the Customer within 72 hours after notification of the Delivery.
Business day means a 24-hours long day that is not a Saturday, a Sunday, or a public holiday in the Philippines.
Customer means a user of the Site with rights to submit Tasks.
Delivery means any completed change on the website, a graphic design, social media post, or any corresponding output for a requested Task.
Fee means the Fee applicable to the type of subscription plan or a single task. Pricing is subject to change.
User Content means information submitted by a Customer as part of a Task including (A) a detailed description of the Task and (B) electronic files, if any, required to complete the Task.
Site means https://brandhq.services/.
Subsidiary means any company or brand that is owned and controlled by BrandHQ Digital Marketing Services.
Task means any project within the scope of our offered services, which can be completed by BrandHQ.
You means Customer.