Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://brandingnotch.com website (the "Website") or engaging the services (the "Services") of Branding Notch ("us", "we", or "our").

Your access to and use of the Website and our Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and clients (collectively, "you") who access the Website or engage our Services.

By accessing or using the Website or engaging our Services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Website or engage our Services.

1. Services

Branding Notch provides a range of creative and digital services, including but not limited to:

• Mobile App Development
• Web Design & Development
• Logo Design
• Digital Marketing
• Marketplace Optimization (e.g., Amazon, Etsy)
• Comprehensive Branding & Design

The specific scope, deliverables, timelines, and costs for any project will be detailed in a separate written "Project Proposal" or "Scope of Work" (SOW) agreement. This SOW, once signed or agreed upon by both parties, will be considered part of this agreement.

2. Quotes and Payment

All projects are subject to a custom quote based on the "Discover" phase and the defined SOW. All quotes are valid for 30 days from the date of issue.

Payment terms will be specified in the Project Proposal. A typical structure is as follows:

• Deposit: A non-refundable deposit (e.g., 50%) is required before any work specified in the SOW begins. This secures your project in our schedule.
• Milestone Payments: For larger projects, payments may be tied to the completion of specific milestones (e.g., "Design" phase completion).
• Final Payment: The remaining balance is due upon completion of the "Deliver" phase, prior to the handover of final files, website launch, or app submission.

All invoices are payable upon receipt unless otherwise stated. Late payments may be subject to an interest charge (e.g., 1.5% per month) on the outstanding amount.

3. Our Process & Revisions

Our "Discover, Design, Deliver" process is foundational to our Services.

• Discover: We will work with you to define the project's goals, scope, and requirements.
• Design: We will develop concepts and present them for your review. This phase is collaborative. The Project Proposal will specify the number of included revision rounds (e.g., "two rounds of revisions").
• Revisions: Additional revisions requested beyond the scope of the SOW will be considered "Scope Creep" and will be billed separately at our standard hourly rate after notifying you. We will not proceed with additional billable work without your written approval.
• Deliver: Upon your final approval of the "Design" phase and receipt of final payment, we will deliver the final, "ready to launch" product as specified in the SOW.

4. Refund Policy

All refund requests will be fulfilled as per the following arrangement:

• Pre-Delivery: If a request for a refund is made before the initial order delivery, you are eligible for a Full Refund (less a 10% service and processing fee).
• Within 48 Hours: If a request for a refund is made within 48 hours of the initial design delivery, you are eligible for a 66% refund (less a 10% service and processing fee).
• Between 48 to 100 Hours: If a request for a refund is made between 48 and 100 hours of the initial design delivery, you are eligible for a 33% refund (less a 10% service and processing fee).
• After 100 Hours: No refund requests will be entertained after 100 hours of your initial design delivery. We believe in 100% customer satisfaction, so you are encouraged to contact us with any concerns.

All refund requests must be communicated directly to the support department. Branding Notch, based on violations of the user agreement, reserves the right to approve or disapprove your request on an individual case to case basis.

5. Client Responsibilities

To ensure the project proceeds smoothly, you agree to:

• Provide all necessary materials ("Client Content"), such as text, images, brand guidelines, and other information, in a timely manner.
• Provide timely and consolidated feedback during the "Design" phase.
• Appoint a single point of contact for all communications.

Project delays caused by your failure to provide Client Content or feedback in a timely manner may result in an adjustment of the project timeline and, in some cases, additional fees.

You warrant that you own or have the proper licenses for all Client Content you provide to us, and that it does not infringe on the intellectual property rights of any third party.

6. Intellectual Property

• Client Content: You retain all ownership and intellectual property rights to the Client Content you provide.
• Final Work: Upon our receipt of full and final payment, Branding Notch grants to you all rights, title, and interest in the "Final Work" (the final, approved design or product).
• Unused Concepts: All preliminary concepts, drafts, and designs presented during the "Design" phase that are not selected as the Final Work remain the sole intellectual property of Branding Notch.
• Our Portfolio: Branding Notch retains a non-exclusive, perpetual right to display the Final Work (and preliminary concepts, with your permission) in our portfolios, on our Website, and in other marketing materials.
• Pre-existing IP: We retain all rights to our pre-existing tools, methodologies, software, and proprietary knowledge used in connection with the Services.

7. Third-Party Platforms

Our Services may involve third-party platforms, including but not limited to:

• Web hosting providers
• Content Management Systems (CMS)
• Mobile app stores (e.g., Apple App Store, Google Play Store)
• E-commerce marketplaces (e.g., Amazon, Etsy)
• Social media platforms

We are not responsible for the policies, terms, or actions of these third parties. App store approvals, marketplace algorithm changes, and web hosting performance are outside of our direct control. While our "Marketplace Optimization" and "App Development" services are designed to align with best practices, we cannot guarantee specific outcomes (e.g., app approval, #1 search ranking) or immunity from platform changes.

8. Term and Termination

This agreement begins when you engage our Services and continues until the Services are completed and delivered.

Either party may terminate the agreement with 30 days written notice.

• If you terminate the agreement: You will be responsible for paying for all work completed up to the date of termination, plus any non-cancellable expenses incurred by us. No final files will be delivered until this final payment is received. Deposits are non-refundable.
• If we terminate the agreement: We will provide a refund for any work not yet completed, calculated on a pro-rata basis.

9. Disclaimers and Limitation of Liability

Disclaimer of Warranties: Our Services are provided "as is." We do not guarantee any specific business results, sales increases, or market positions from our "Digital Marketing" or "Marketplace Optimization" Services. Testimonials on our Website are placeholder examples of past client experiences and do not constitute a guarantee of future results.

Limitation of Liability: To the maximum extent permitted by law, the total liability of Branding Notch for any claim, damage, or loss arising from or related to our Services or this agreement shall be limited to the total amount of fees paid by you to Branding Notch for the specific project in question. We are not liable for any indirect, incidental, special, or consequential damages (including loss of profits, data, or business).

10. Confidentiality

Both parties agree to treat all non-public information received from the other party as confidential. This includes business strategies, client lists, technical data, and project details. This obligation will survive the termination of this agreement.

11. Pseudonym Policy

We hold a policy of using the pseudonym to ensure the following:

With a view to avoid undue confusion and hassle at our customers' end when they are assigned a new account manager, we use pseudonyms; it helps our customers remain connected with a single point of contact and remember their name comfortably.

12. General Provisions

• Entire Agreement: These Terms, together with the specific Project Proposal (SOW), constitute the entire agreement between you and Branding Notch.
• Changes to Terms: We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our Website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at: