Effective Date: July 13th, 2023

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These Terms and Conditions ("Terms") govern the use of the branding services provided by Andreia Branding ("Company," "We," or "Us") to clients ("Client"or "You"). By engaging with our services, or entering into a partnership with us, you agree to abide by these Terms. Please read these Terms carefully before using our service. These Terms align with the contract.

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1. Services:

   1.1 Scope: We provide branding services, which may include but are not limited to brand strategy, design, marketing, and consultation, tailored to meet the specific needs of each Client.

   1.2 Engagement: The engagement of our services is subject to a separate agreement between the Client and the Company, outlining the specific scope, timeline, deliverables, and financial terms.

 

2. Client Responsibilities:

   2.1 Information and Cooperation: The Client agrees to provide accurate and complete information necessary for the successful execution of the branding services. Timely communication and cooperation are essential to ensure efficient progress and desired outcomes.

   2.2 Intellectual Property: The Client warrants that We have the legal rights or permissions to use any content, trademarks, or intellectual property for use in the branding process and the Client will indemnify the Company against any claims or liabilities arising from unauthorized use.

 

3. Fees and Payment:

   3.1 Fees: The fees for our services will be outlined in the separate agreement between the Client and the Company. Any additional costs incurred during the project, such as third-party expenses, will be communicated to the Client for approval.

   3.2 Payment: Payment terms will be specified in the separate agreement. Unless otherwise stated, all fees are payable in the currency specified and are exclusive of any applicable taxes or fees.

   3.3 Invoices: Invoices for the services rendered will be sent to the Client on the last day of each month unless otherwise agreed upon in writing between the Client and the Company.

 

4. Intellectual Property:

   4.1 Ownership: Any intellectual property, including but not limited to branding materials, designs, concepts, and deliverables created by the Company during the course of the project, will be owned by the Client upon full payment of the fees.

   4.2 License: The Client grants the Company a non-exclusive, royalty-free license to use the Client's branding materials for promotional purposes, acknowledging the confidential nature of any sensitive information shared.

   4.3 Client Consent: The Company is granted permission to showcase completed projects, including related branding materials and deliverables, on the Company's website, social media platforms, and other promotional materials for the purpose of demonstrating the Company's capabilities and past work.

   4.4 Anonymity Option: If the Client wishes to remain anonymous or requests specific confidentiality regarding their project, they must notify the Company in writing, and the Company will respect their request to the extent feasible without compromising the integrity of the portfolio presentation.

   4.5  Confidentiality of Sensitive Information: The Company agrees to maintain the confidentiality of any proprietary or sensitive information disclosed by the Client during the course of the project, excluding information already made public or obtained through lawful means.

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5. Competition:

   5.1 Non-Compete Clause: The Company can agree not to work with multiple clients that have directly competitive products or within the same target market, if the Client and the Company have a stated written agreement hereof.

   5.2 Client Exclusivity: The Company acknowledges the importance of prioritizing the interests of each client and will exercise discretion and fairness in avoiding conflicts of interest and potential competition among clients.

   5.3 Confidentiality of Client Information: The Company will take reasonable measures to ensure the confidentiality of sensitive information shared by each client and will not disclose such information to other clients that may pose a competitive threat or compromise the business interests of any individual client.

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6. Confidentiality:

   6.1 Non-Disclosure: Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the project, including but not limited to trade secrets, business strategies, or client data, unless required by law or with the express consent of the disclosing party.

 

7. Limitation of Liability:

   7.1 Indirect Damages: The Company shall not be liable for any indirect, consequential, or incidental damages arising from the use of our services or any loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.

   7.2 Maximum Liability: The total liability of the Company, regardless of the nature of the claim, shall be limited to the fees paid by the Client for the specific project giving rise to the claim.

 

8. Termination:

   8.1 Termination: Either party may terminate the engagement by providing notice to the other party. Termination shall not relieve the Client's obligation to pay for services rendered or expenses incurred up to the termination date.

 

9. Governing Law and Jurisdiction:

   9.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of laws principles.

   9.2 Jurisdiction: Any legal disputes arising from these Terms or the engagement between the Client and the Company shall be subject to the exclusive jurisdiction of the courts in The Netherlands.

 

10. Miscellaneous:

    10.1 Entire Agreement: These Terms, together with any separate agreement between the Client and the Company, constitute the entire agreement between the parties and supersede any prior agreements, understandings, or representations.

    10.2 Modifications: Any modifications or amendments to these Terms must be agreed upon in writing by both parties.

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

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By using our services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree with any part of these Terms, please notify Us and refrain from using our services.

 

For any questions or concerns regarding these Terms, please contact us.

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Last Updated: July 13th, 2023