Terms of Service

These Terms of Service ("Terms") govern your use of the Brand75 website (brand75.com) and any services provided by Brand75 ("we," "us," or "our"), a digital marketing and AI consulting company based in Olympia, Washington. By using our website or engaging our services, you agree to these Terms.

1. Acceptance of Terms

By accessing our website or purchasing our services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our website or services.

2. Services

Brand75 provides digital marketing services including but not limited to:

• Web design and development
• Search engine optimization (SEO)
• AI consulting and automation
• CRM setup and management
• Content creation and brand strategy

The specific scope of services for each engagement will be outlined in a separate proposal or service agreement. These Terms apply to all engagements unless a signed service agreement provides otherwise.

3. Client Obligations

When engaging Brand75 for services, you agree to:

• Provide accurate, complete information and materials needed for your project
• Respond to requests for feedback, approvals, and content within reasonable timeframes
• Ensure you have the rights to any materials (logos, images, text) you provide to us
• Not use our services for any unlawful purpose

Delays caused by late client feedback or materials may impact project timelines. We will communicate proactively if timelines are affected.

4. Payment Terms

• Payment terms will be specified in your service agreement or invoice.
• Unless otherwise agreed, invoices are due upon receipt.
• Recurring services (SEO, CRM management) are billed monthly and due on the date specified in your agreement.
• Late payments may be subject to a service fee of 1.5% per month on the outstanding balance.
• We reserve the right to suspend services for accounts more than 30 days past due.
• All fees are non-refundable for work already completed unless otherwise specified in your agreement.

5. Intellectual Property

Work product

Upon full payment, you receive ownership of final deliverables created specifically for your project (website files, custom graphics, copy). We retain the right to display completed work in our portfolio unless otherwise agreed in writing.

Pre-existing materials

We retain ownership of pre-existing tools, templates, frameworks, code libraries, and methodologies used in your project. You receive a license to use these materials as part of your deliverables.

Third-party assets

Stock images, fonts, plugins, and other third-party assets used in your project are subject to their respective licenses. We will inform you of any ongoing license requirements.

6. Third-Party Platforms

Our services often involve third-party platforms such as GoHighLevel, Google Workspace, Netlify, and Cloudflare. These platforms have their own terms of service and are outside our control. We are not responsible for changes to third-party platform pricing, features, availability, or terms.

If we set up accounts or services on third-party platforms on your behalf, you are responsible for maintaining those accounts after our engagement ends.

7. Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement, including business strategies, customer data, login credentials, and financial information. This obligation survives termination of the engagement.

We will never share your data with competitors or use your confidential information for purposes outside your project.

8. Warranties and Disclaimers

We will perform services with reasonable skill and care consistent with industry standards. Beyond that:

• We do not guarantee specific results from marketing, SEO, or advertising campaigns. Results depend on many factors outside our control including market conditions, competition, and platform algorithm changes.
• Our website and services are provided "as is" without warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose.
• We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by Washington State law:

• Brand75's total liability for any claim arising from our services is limited to the amount you paid us in the 3 months preceding the claim.
• We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption.
• We are not liable for damages resulting from third-party platform changes, outages, or actions.

10. Indemnification

You agree to indemnify and hold Brand75 harmless from any claims, damages, or expenses (including reasonable attorney fees) arising from:

• Your use of our services in violation of these Terms
• Materials you provide that infringe on third-party rights
• Your violation of any applicable law or regulation

11. Termination

Either party may terminate a service engagement with 30 days written notice unless a separate agreement specifies different terms. Upon termination:

• You are responsible for payment for all work completed up to the termination date.
• We will provide all completed deliverables and assist with a reasonable transition.
• Access to any Brand75-owned tools, templates, or systems will be revoked.

12. Governing Law

These Terms are governed by the laws of the State of Washington, United States, without regard to conflict of law principles. Any disputes arising from these Terms or our services will be resolved in the courts of Thurston County, Washington.

13. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated "Last updated" date. For active service agreements, material changes will be communicated via email at least 14 days before taking effect.

14. Contact Us

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

Brand75
Email: [email protected]
Phone: (253) 893-4800
Olympia, WA