Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website located at www.simplybranding.com (the "Website"), as well as any services provided by Simply Branding ("we", "us", "our", or "Simply Branding"). By accessing the Website, requesting a consultation, or engaging our services, you agree to be bound by these Terms. If you do not agree, do not use the Website or our services.

1. Services We provide creative and marketing services, including but not limited to:

  • Commercial photography, videography, drone/aerial imagery, headshots, event coverage, and product photography;

  • Custom website design, development, and optimization (primarily using the Squarespace platform);

  • Related services such as brand strategy, copywriting, logo design, email automations, and content creation.

Services are provided on a project or consultation basis. Descriptions on the Website are for informational purposes only and do not constitute a binding offer. All engagements require a separate written agreement, proposal, invoice, or statement of work ("Project Agreement") that will govern the specific scope, timeline, deliverables, fees, payment terms, and revisions.

2. Eligibility: You must be at least 18 years old and have the legal capacity to enter into contracts to use the Website or engage our services. For young entrepreneurs under 18, you must have the consent and assistance of your parent or guardian. By using the Website, you represent that you meet these requirements.

3. Intellectual Property:

  • Our Content. All content on the Website (text, images, videos, logos, designs) is owned by us or our licensors and protected by copyright, trademark, and other laws. You may not reproduce, modify, distribute, or create derivative works without our prior written consent.

  • Project Deliverables. Upon full payment of all fees due under the Project Agreement, we grant you a non-exclusive, perpetual, worldwide license to use the final deliverables (photos, videos, websites, etc.) for your ordinary business purposes, subject to any third-party license restrictions (e.g., Squarespace terms, music licenses, model releases). We retain the right to use deliverables in our portfolio, marketing materials, and for promotional purposes unless otherwise agreed in writing.

  • Pre-existing Materials. Any pre-existing materials, templates, code, or assets we incorporate remain our property or the property of their respective owners. You are responsible for obtaining necessary rights to any content you provide us (logos, text, images, etc.).

  • Portfolio & Promotion Rights. Unless you opt out in writing, we may display your project in our portfolio and use anonymized case studies for marketing.

4. Client Responsibilities You agree to:

  • Provide accurate, timely information, content, feedback, and approvals;

  • Ensure all materials you supply do not infringe third-party rights;

  • Comply with all applicable laws;

  • Maintain confidentiality of any non-public project information.

5. Payment & Fees

  • Fees, payment schedules, and expenses (travel, stock assets, subcontractors, etc.) are specified in the Project Agreement.

  • A deposit (typically 30–50%) is required before work begins.

  • Final payment is due upon project completion or as stated. Late payments may incur interest at 10% per month or the maximum allowed by law.

  • We reserve the right to suspend or terminate work for non-payment.

6. Revisions & Changes: Revisions are limited to the number specified in the Project Agreement. Additional revisions, scope changes, or rush requests may incur extra fees.

7. Cancellation & Termination: Either party may terminate a Project Agreement for material breach (with written notice and cure period, if applicable). Upon termination, you remain liable for all fees for work completed plus non-cancellable expenses. Deposits are generally non-refundable.

8. Warranties & Disclaimers:

  • We warrant that services will be performed in a professional manner consistent with industry standards.

  • We do not guarantee specific business results (e.g., traffic, conversions, revenue). Any performance claims (e.g., CTA clickthrough rates) are illustrative and based on past projects, not guarantees.

  • EXCEPT AS EXPRESSLY STATED, SERVICES AND THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

  • Third-party platforms (e.g., Squarespace) are governed by their own terms—we are not responsible for platform outages, changes, or limitations.

9. Limitation of Liability: To the maximum extent permitted by law, our total liability arising from or related to the Website or services shall not exceed the total fees paid by you under the relevant Project Agreement in the 12 months preceding the claim. We are not liable for indirect, consequential, incidental, punitive, or special damages (lost profits, business interruption, etc.), even if advised of the possibility.

10. Indemnification: You agree to indemnify and hold us harmless from claims arising from: your breach of these Terms, materials you provide, your business activities, or your violation of third-party rights.

11. Confidentiality: Both parties agree to keep confidential any non-public information disclosed during the engagement.

12. Governing Law & Dispute Resolution: These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Campbell County, Virginia (or the appropriate jurisdiction if your business is structured elsewhere). You waive any objection to venue or inconvenience of forum.

13. Changes to Terms: We may update these Terms at any time. Continued use of the Website or services after changes constitutes acceptance.

14. Contact: Questions about these Terms? Contact us at jonathan@simplybranding.com or the address/phone listed on the Website.

15. Miscellaneous: If any provision is held invalid, the remainder remains in effect. No waiver of any term is a further waiver. These Terms, together with the Project Agreement, constitute the entire agreement.

By using our Website or engaging our services, you acknowledge that you have read, understood, and agree to these Terms.