All services and projects provided by The Brand Visionary are specifically connected by terms and conditions to manage expectations and outcomes, and protect both you “The Client” and “The Brand Visionary". By reading these TAC and paying for your project, you are agreeing to the sole conditions of my business.
Please understand that at any time, The Brand Visionary has the right to change and/or edit the Terms and Conditions and pricing without notice.
Any projects started on before the adjusted price change (or TAC) will continue to remain as is. I have the right to decline any project or client at any moment for any reason.
Free Consultations vs. Billable Time
Free consultations cover answering questions about The Brand Visionary's services and helping clients decide if they want to hire The Brand Visionary to perform those services. If a client asks The Brand Visionary to "work" on a website, this is billable time. Billable time includes not only making changes, but also doing research, reviewing website files and editing designs.
The Brand Visionary only accepts compensation in US dollars. The Brand Visionary does not accept trade for the services that a client might offer; this includes partnerships in a client's business. Payments are accepted via credit cards/debit cards through PayPal.
The Brand Visionary accepts serious inquiries only. Invoices are sent for items that are not listed on the site such as a custom package or most requested items. To ensure that The Brand Visionary only deal with serious clients, all invoices must be paid within 24 hours. If an invoice is not paid within 24 hours it will be canceled and The Brand Visionary has the right to refund payment and decline the project.
All projects $250 and over requires a 50% non-refundable deposit to be paid upon the initiation of services and all other projects under $250 should be paid in full by the client upfront unless an agreement has been made between The Client and The Brand Visionary. 50% of the remaining balance is due when all revisions of the designs have been completed and the design(s) are approved by the client. All payments are accepted via The Brand Visionary's website or via an invoice.
All designs are subject to a complete 100% non-refundable payment from client. Please understand that under no circumstance can a refund be given after work (including proofs) have been issued and/or labor has begun. If for any reason client cancels services after work was started, no payment shall be reimbursed and becomes forfeited by you “The Client”. If client cancels within 24 hours and no labor has been started, client will receive a refund minus a 20% cancellation fee. If client pays a deposit and decides not to continue service after work has started, the deposit will not be refunded and client will not have to pay the remaining 50% as the project will then become null. Should a printed item be deemed defective, The Brand Visionary will issue a reprint or exchange on a case by case basis. The Brand Visionary does not guarantee any exchanges on any products.
All websites are created on www.wix.com and www.shopify.com. Once a website is paid for, client has 30 days to provide ALL information. If client fails to provide all information within this time frame, the clients' order is cancelled and no refund will be given. After the website is complete and client decides to add additional information, client will be charge an additional fee.
Clients are responsible for "running" their online stores, which includes, but is not limited to: configuring product categories, adding products (including images, titles, descriptions), selecting and configuring shipping options, managing store orders, etc. The Brand Visionary does get the client started on some of this when purchasing a website design.
Domain Registration and Hosting
Selecting and purchasing a domain registrar and host are the responsibility of the client. The Brand Visionary recommends 1and1.com for domain registration but the client is free to choose a different company if they prefer. Regarding hosting, hosting must be purchased through the web server the website is built on. If client has hosting elesewhere, client will need to contact the hosting company and cancel all hosting with them. Paying for and renewing domain registrations and hosting are the responsibility of clients. If a hosting fee was declined, your hosting will be discontinued and the client should know that this has nothing to do with the business of The Brand Visionary.
No final artwork or files without watermarking will be delivered until final payments are received. Draft files (revision files, unselected logo proofs) remain the property of The Brand Visionary. Once logo is complete, all files needed will be emailed to client within 2 business days of final agreement. Client has the right to own the following files given upon completion: JPEG, PNG, and PDF. EPS/AI files are sent upon request at an additional cost as these files contain the original artwork.
Drafts and Proofs
The Brand Visionary sends proofs or drafts of all design work via email to be approved by the client before sending the final copies or sending the order to print. Client is solely responsible for all spelling, grammer, graphics and design errors and should report them to The Brand Visionary during the revision process of the project.
The Brand Visionary is not liable for any errors found on graphics or printed materials after the work has been approved by the client. Any additional changes requested by a client after drafts or proofs have been approved will be subject to a change fee.
Link to The Brand Visionary's website in web design footer
The Brand Visionary is proud of its work, and will add a link to its website in the footer of all client websites. The Brand Visionary will also use an image snapshot of your website with a short description and a link to your website on its portfolio page. If you, or another web developer you've hired, removes this link, you are required to notify The Brand Visionary so that your website can be removed from The Brand Visionary's portfolio.
The Brand Visionary is not responsible for archiving or guaranteeing the availability of files created for clients. Clients are responsible for keeping backup copies of their website and graphic design files in the event of an emergency.
All communication with The Brand Visionary shall be done strictly via email or text if necessary. It is important to protect us “The Brand Visionary" and you “The Client” by having written communication at all times to ensure both parties are still in agreement. Phone consultations may occur but it is still important to provide via email what was discussed. Please allow up to 72 business hours for a response. If for any reason you have no response within that time frame please resend your email, contact via social networks or via text. I do not respond to any clients after business hours [Monday – Friday 10AM- 7PM EST] and do not respond on weekends for any reason except emergency issues or sending tracking numbers.
In order to get your designs and website finished in a timely manner and effectively manage my workload, it's important that you are able to respond to emails within 1-2 business days. If you’ve been emailed several times and haven't responded in 10 business days, you will lose your position in the work queue. If you have not responded in 30 business days, your project may be terminated with no refund. Please advise if you are going to be away for a span during the design process so that schedules can be planned accordingly.
Information That I Collect
Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving me this information by providing it to me voluntarily on my website or any mobile application. You provide some of this information when you register with or make purchases from my website. You may also provide this information by participating in various activities associated with my site, including responding to blogs or contacting me with questions. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from my website or from making purchases.
Derivative Data: Derivative data is information that my servers automatically collect about you when you access my website, such as your IP address, browser type, the dates and times that you access my website, and the specific pages you view. If you are using a mobile application, my servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
Social Networking Data: I may access personal information from social networking sites and apps, including Facebook, Instagram, Pinterest, Snapchat or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want me to access this information, please go to the specific social networking site and change your privacy settings.
Mobile Device Data: If you use my website via a mobile device or app, I may collect information about your mobile device, including device ID, model and manufacturer, and location information.
Other data: On occasion, you may give me additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
You may withdraw your consent at any time by emailing us at email@example.com.
I do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless I provide you with advance notice. This does not include website hosting partners and other parties who assist me in operating my website, conducting my business, or servicing you, as long as those parties agree to keep this information confidential. I may also release your information when I believe release is appropriate to comply with the law, enforce my site policies, or protect mine or others' rights, property, or safety.
This site may use affiliate links to sell certain products or services. I disclaim any and all liability as a result of your purchase through one of these links. I will use reasonable efforts to notify you when and where I have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
Once products are shipped and you have been provided a tracking number, The Brand Visionary shall not be held responsible for lost, stolen, delayed or missing packages. It is the sole responsibility of the client to make sure they have provided The Brand Visionary with the correct shipping address.
Estimated Completion Time
The Brand Visionary offers a general overview of the length of time it will take to complete each project. This time frame is calculated based on production time + communication time with client. If a client is slow to respond or is not communicating effectively with The Brand Visionary, this time frame will be null and void. Most drafts and proofs for digital and printed designs are sent within seven business days or less. If more than one design was ordered with a logo, the other designs will be dependent on how soon the client approves the logo. Web designs will generally take 2-4weeks depending on how fast the client can provide ALL content and the complexity of the design.
If client wishes to expedite the length of time expected to complete a project, the client will be responsible for paying the rush fee for each project, which is determined by The Brand Visionary on a case-by-case basis. If a client is slow to respond or is not communicating effectively with The Brand Visionary, this time frame will be null and void.
Last updated: April 30, 2020