TERMS OF SERVICE
Updated 23/02/2024
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Brand Studio LTD d/b/a Tha Brand Studio , OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.
1. Introduction
These Terms of Service ("Terms") govern your access and use of the subscription services offered by Brand Studio Limited d/d/a Tha Brand Studio ("Company," "we," "us," or "our"). By subscribing to and using our services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you are not authorized to use our services.
2. Definitions
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Client: You, the individual or entity subscribing to our services.
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Project: A specific design request submitted by the Client.
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Deliverables: The final design files and assets approved by the Client.
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Turnaround Time: The estimated time for completion of a Project, as specified in the chosen plan.
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Intellectual Property (IP): All copyrights, trademarks, patents, trade secrets, and other intellectual property rights.
3. Subscriptions and Payments
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Plans: We offer various subscription plans with different features, limitations, and pricing. Details are available on our website.
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Payment: Subscriptions are billed in advance for the chosen period (monthly, quarterly, annually, etc.). We accept payment through Visa, Master card ,American Express, MTN Mobile Money, Airtel money, Direct bank transfers through our agent DPO pay
4. Refunds for Services
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Unused Revisions: If you have unused revisions remaining in your plan at the time of cancellation, you are not eligible for a refund for those unused revisions.
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Project Cancellation: If you cancel a Project before it begins, you may be eligible for a partial refund depending on the time and resources already invested. The amount of the refund will be determined at our discretion.
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Dissatisfaction with Deliverables: We strive to deliver high-quality designs that meet your expectations. However, if you are not satisfied with the final Deliverables, you may request a revision within the allotted timeframe. If, after revisions, you are still not satisfied, you may request a cancellation of the Project. In such cases, we may offer a partial refund based on the percentage of work completed.
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Technical Issues: If you experience technical issues with our platform that prevent you from using the service, we will work to resolve the issue as quickly as possible. If the issue cannot be resolved within a reasonable timeframe, you may be eligible for a prorated refund for the affected period. Cancellation Process
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To cancel your subscription, please follow the instructions provided on our website or contact our support team.
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To cancel a Project, please contact your dedicated designer or our support team.
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Changes: We reserve the right to change subscription fees and plans at any time with 30 days' prior notice.
5. Service Delivery and Revisions
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Submission: Clients submit detailed Project briefs including brand guidelines, reference materials, and specific requirements.
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Turnaround Time: Deliverables are delivered within the Turnaround Time specified in the chosen plan. Extensions may be possible for complex projects at additional cost.
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Revisions: Each plan includes a defined number of revisions per Project. Additional revisions incur additional charges.
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Approval: You must approve Deliverables in writing before they are considered final.
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Ownership: We retain ownership of all IP associated with design concepts not chosen by the Client.
6. Intellectual Property
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Client Ownership: Clients own the final approved Deliverables for their business use. They may not resell, redistribute, or sub-license the designs.
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Third-Party Materials: Clients are responsible for ensuring they have the necessary rights to any third-party materials (e.g., fonts, images) provided for use in designs. We take no responsibility for copyright infringement arising from such materials.
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Tha Brand Studio IP: We retain ownership of all other IP, including unused design concepts, templates, and software used in the design process.
7. Warranties and Disclaimers
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Disclaimer: We provide services as-is and make no warranties, express or implied, about their accuracy, completeness, or suitability for any particular purpose.
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Indemnification: You agree to indemnify and hold harmless Tha Brand Studio, its officers, directors, employees, and agents from and against any claims, losses, expenses, damages, and costs (including attorneys' fees) arising out of or relating to your use of our services or your violation of these Terms.
8. Termination
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By Tha Brand Studio: We may terminate your subscription at any time with or without notice for any reason, including but not limited to violations of these Terms, non-payment, or inactivity.
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By Client: You may cancel your subscription at any time as explained in Section 3.
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Consequences: Upon termination, your access to the services will be discontinued, and any outstanding fees will be due.
9. Limitation of Liability
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Limitation: We will not be liable for any damages arising from your use of our services, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.
10. Governing Law and Dispute Resolution
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Governing Law: These Terms shall be governed by and construed in accordance with the laws of The Peoples' Republic of UGANDA
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Dispute Resolution: Any dispute arising out of or relating to these Terms will be resolved by arbitration/mediation or courts located in UGANDA
11. Miscellaneous
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Entire Agreement: These Terms constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
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Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
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Amendment: We may amend these Terms at any time by posting the amended Terms on our website.
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Contact: If you have any questions about these Terms, please contact us at marketing@thabrandstudio.com