Last updated: January 2024
Effective date: January 1, 2024
These Terms of Service ("Terms") govern your access to and use of the website, services, and products provided by Brandivor Creative Inc. ("Company", "we", "us", or "our"). By accessing, browsing, or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
Brandivor Creative Inc. is located at 161 Bay St., Toronto, ON M5J 2S1, Canada, with VAT number 739401862 RT 0001.
Brandivor Creative Inc. provides creative services, including but not limited to branding, design, marketing consultation, copywriting, and related creative deliverables ("Services"). The specific scope of Services will be defined in individual service agreements or project proposals.
We reserve the right to decline any project that conflicts with our values or operational capacity. Service descriptions on our website are for informational purposes and do not constitute an offer to contract until you have submitted a project request and we have provided a written proposal or agreement.
All content, designs, concepts, code, and materials created by Brandivor Creative Inc. prior to project completion remain our intellectual property. This includes preliminary sketches, concepts, and any work-in-progress materials.
Upon full payment of invoices and completion of the project, the Client receives ownership of the final deliverables specified in the project agreement. This transfer applies only to the final work product and does not include underlying methodologies, processes, or pre-existing Company materials.
The Client retains ownership of any content, images, copy, or materials provided to us by the Client. The Client grants us a license to use such materials solely for the purpose of completing the Services.
We will provide an invoice outlining the project scope, deliverables, timeline, and payment schedule. Payment terms will be specified in the project proposal or service agreement.
We accept payment via bank transfer, credit card, and other mutually agreed methods. All payments must be made in Canadian dollars unless otherwise specified.
Invoices are due within 30 days of issue unless otherwise agreed in writing. Late payments may incur interest at the rate of 1.5% per month (or the maximum rate permitted by law). Repeated late payments may result in suspension of Services.
Creative Services are generally non-refundable once work has commenced. In cases of project termination by the Client, payment is due for all work completed up to the termination date, plus reasonable costs incurred.
The project scope is defined in the written proposal or service agreement. Work outside the specified scope is considered additional Services and may incur additional fees.
The number of revision rounds included in the project will be specified in the proposal. Additional revisions beyond the agreed limit will be billed at our current hourly rate.
Change requests during the project timeline may extend the completion date and may incur additional costs. We will provide an estimate for any significant changes.
Project timelines are estimates and are subject to change based on the Client's responsiveness, change requests, and other unforeseen circumstances. We will communicate any significant delays promptly.
Deliverables will be provided in the format specified in the project agreement. The Client is responsible for testing and implementing deliverables on their systems.
The Client is responsible for providing timely feedback, approvals, and all necessary materials. Delays in Client feedback may extend the project timeline.
We agree to maintain the confidentiality of any proprietary or sensitive information shared by the Client during the course of the project. This includes business strategies, financial data, and unpublished content.
With the Client's permission, we may use completed projects as portfolio examples or case studies. If the Client requests confidentiality, we will honor this request, but anonymity cannot be guaranteed in all circumstances.
Our Services are provided "as is" and "as available". We make no warranties, express or implied, regarding the results of our Services or that the Services will meet all Client expectations.
To the maximum extent permitted by law, our total liability for any claim arising from these Terms or our Services shall not exceed the total amount paid by the Client for the specific project giving rise to the claim.
In no event shall Brandivor Creative Inc. be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of revenue, or loss of data.
The Client agrees to indemnify and hold harmless Brandivor Creative Inc. from any claims, damages, or expenses arising from the Client's use of the Services, infringement of third-party rights by Client-provided materials, or violation of applicable laws by the Client.
Brandivor Creative Inc. provides professional creative expertise and recommendations. However, the Client has the final say on creative direction. If the Client requests work that we believe is not in their best interest or conflicts with professional standards, we reserve the right to decline or recommend alternatives. Persistent requests for work we believe is inappropriate may result in project termination.
The Client may terminate a project by providing written notice. Upon termination, the Client is responsible for payment of all work completed to date, plus reasonable costs incurred in winding down the project.
We may terminate Services for non-payment, breach of these Terms, or if we determine the project cannot be completed professionally. We will provide reasonable notice and attempt to resolve issues before termination.
Brandivor Creative Inc. complies with applicable privacy laws, including PIPEDA (Personal Information Protection and Electronic Documents Act) in Canada and GDPR where applicable. Our Privacy Policy outlines how we collect, use, and protect personal data.
Any personal data shared with us in the course of Services will be processed solely for project delivery and will not be shared with third parties without explicit consent, except as required by law.
Your use of our website is subject to these Terms. We reserve the right to modify, suspend, or discontinue the website at any time without notice.
You agree not to:
Any content submitted to our website (comments, feedback, etc.) must not be illegal, defamatory, or infringe on third-party rights. We reserve the right to remove or moderate content at our discretion.
Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of external sites. Your use of third-party sites is governed by their terms and privacy policies.
Nothing in our Services constitutes legal, financial, or professional advice. If you require such advice, please consult qualified professionals.
We do not guarantee specific market results, sales, traffic, or business outcomes from our Services. Results depend on numerous factors beyond our control.
These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Ontario for any disputes arising from these Terms.
Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation and discussion.
If informal resolution fails, the parties agree to submit to mediation before pursuing litigation. The cost of mediation will be shared equally.
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our Services constitutes acceptance of modified Terms. We encourage you to review these Terms periodically.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it valid, or if not possible, severed. All other provisions remain in full effect.
These Terms, together with any project proposal or service agreement, constitute the entire agreement between you and Brandivor Creative Inc. regarding the Services. Any previous communications, representations, or agreements are superseded by these Terms.
For questions regarding these Terms of Service, please contact us:
Brandivor Creative Inc.
161 Bay St., Toronto, ON M5J 2S1, Canada
Email: hello@brandivor.shop
Phone: +1 416 364 2273
VAT: 739401862 RT 0001
By using Brandivor Creative Inc.'s Services or website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, please do not use our Services.