Terms of Service

Welcome to Spellbrand ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website spellbrand.com and the branding, design, and marketing services we provide. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, please do not use our website or services.

These Terms apply to all visitors, users, clients, and others who access or use our services ("you" or "Client").

2. Services Overview

Spellbrand provides professional branding, design, and marketing services, including but not limited to:

• Logo design and brand identity development
• Brand strategy and positioning
• Brand naming and trademark consulting
• Brand messaging and storytelling
• Website design and development
• Marketing campaigns and creative services

Specific services, deliverables, timelines, and fees are outlined in individual project proposals and contracts.

3. Client Responsibilities

To ensure successful project completion, you agree to:

3.1 Provide Information

• Supply accurate and complete information about your business, goals, and requirements
• Provide necessary materials, assets, and approvals in a timely manner
• Designate a primary point of contact for project communications

3.2 Timely Feedback

• Review deliverables and provide feedback within the agreed-upon timeframe
• Understand that delays in feedback may impact project timelines
• Communicate clearly and professionally with our team

3.3 Payment Obligations

• Make payments according to the agreed-upon schedule
• Understand that work may be paused if payments are overdue
• Cover any additional costs for out-of-scope work or revisions

4. Project Process and Timeline

4.1 Project Proposal

All projects begin with a detailed proposal outlining:

• Scope of work and deliverables
• Timeline and milestones
• Pricing and payment schedule
• Revision policy
• Terms and conditions specific to the project

4.2 Timeline Estimates

Project timelines are estimates based on typical workflows and assume timely client feedback. Actual timelines may vary due to:

• Complexity of requirements
• Number of revisions requested
• Delays in client feedback or materials
• Unforeseen circumstances or technical issues

4.3 Rush Services

Expedited timelines may be available for an additional fee. Rush projects require upfront payment and priority scheduling.

5. Fees and Payment

5.1 Pricing

Project fees are based on the scope of work outlined in the proposal. All fees are in U.S. dollars (USD) unless otherwise specified.

5.2 Payment Schedule

Typical payment structure:

• Deposit: 50% upfront to begin work
• Milestone payments: As outlined in the proposal
• Final payment: Due before final file delivery

5.3 Payment Methods

We accept the following payment methods:

• Credit/debit cards (Visa, Mastercard, American Express)
• ACH bank transfer
• PayPal or Stripe
• Wire transfer (for international clients)

5.4 Late Payments

Payments are due within 7 days of invoice date unless otherwise agreed. Late payments may result in:

• Work stoppage until payment is received
• Late fees of 1.5% per month on overdue balances
• Withholding of final files and deliverables

5.5 Refunds

Deposits are non-refundable once work has commenced. If you choose to cancel a project mid-stream, you will be charged for all work completed to date.

6. Revisions and Scope Changes

6.1 Included Revisions

Each project includes a specified number of revision rounds as outlined in the proposal. Revisions must be provided in writing and should be consolidated (not piecemeal).

6.2 Additional Revisions

Revisions beyond the agreed-upon number will be billed at our hourly rate or a flat fee as determined by scope.

6.3 Scope Changes

Changes to project scope require a written change order and may result in additional fees and timeline extensions.

7. Intellectual Property Rights

7.1 Client-Provided Materials

You represent and warrant that you own or have permission to use all materials provided to us (text, images, logos, etc.). You grant us a license to use these materials for the purposes of completing your project.

7.2 Work Product

Upon full payment, you receive ownership of the final approved deliverables (the "Work Product"). This includes:

• Final design files in agreed-upon formats
• Rights to use the Work Product for your business purposes
• Right to modify the Work Product (though we recommend consulting us first)

7.3 Spellbrand Rights

We retain the following rights:

• Portfolio Use: Right to display the Work Product in our portfolio, case studies, and marketing materials
• Process Materials: Ownership of preliminary designs, concepts, and internal working files
• Methodologies: Ownership of our proprietary processes, frameworks, and tools

If you require confidentiality or restrictions on portfolio use, please discuss this upfront.

7.4 Third-Party Assets

Some projects may include third-party assets (stock photos, fonts, illustrations). You are responsible for:

• Purchasing licenses for third-party assets
• Complying with usage restrictions and license terms
• Renewing licenses as needed

8. Confidentiality

We respect the confidential nature of your business information. We agree to:

• Keep your proprietary information confidential
• Not disclose your information to third parties without consent (except as necessary to complete the project)
• Use your information solely for project purposes

This obligation survives the termination of our agreement. If you require a formal Non-Disclosure Agreement (NDA), please provide one for our review.

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• Work Product will be original and will not infringe on third-party rights
• We have the right and authority to enter into this agreement

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED ABOVE, OUR SERVICES AND WORK PRODUCT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee specific business results (e.g., increased sales, website traffic, or conversions) from our services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
• THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Termination

11.1 Termination by Client

You may terminate a project at any time by providing written notice. Upon termination:

• You will be charged for all work completed to date
• Deposits are non-refundable
• You will receive work-in-progress files upon full payment

11.2 Termination by Spellbrand

We may terminate a project if:

• Payments are more than 30 days overdue
• You fail to provide required materials or feedback for 60+ days
• You engage in abusive, threatening, or unprofessional behavior
• The project is no longer feasible or legal

12. Indemnification

You agree to indemnify, defend, and hold harmless Spellbrand and its employees, contractors, and partners from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use of the Work Product
• Materials you provided to us
• Your violation of these Terms
• Your violation of any third-party rights

13. Dispute Resolution

13.1 Good Faith Negotiation

If a dispute arises, we agree to first attempt to resolve it through good faith negotiation.

13.2 Mediation

If negotiation fails, we agree to pursue mediation before resorting to litigation or arbitration.

13.3 Governing Law

These Terms shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.

13.4 Jurisdiction

Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Dutchess County, New York, and you consent to the jurisdiction of such courts.

14. Website Use

14.1 Acceptable Use

You agree not to:

• Use our website for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Transmit viruses, malware, or harmful code
• Harvest or collect user information without consent
• Interfere with or disrupt our website or services

14.2 User Content

If you submit content to our website (comments, testimonials, etc.), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content.

15. Third-Party Services

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of these third parties. Your use of third-party services is at your own risk.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms.

For active projects, changes will not retroactively affect existing agreements unless mutually agreed upon in writing.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with any project proposals, contracts, and our Privacy Policy, constitute the entire agreement between you and Spellbrand regarding our services and supersede all prior agreements and understandings.

19. Contact Information

If you have questions about these Terms or wish to discuss a project, please contact us:

By engaging our services, you acknowledge that you have read and agree to these Terms of Service.