TERMS & CONDITIONS
Updated On: November 30, 2022
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM MY WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Sandy Shaw LLC {Brandify}, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.brandifyhq.com (the "Site") pages and accounts on Facebook®, Pinterest®, LinkedIn®, Instagram®, and YouTube® (the “Sites). Please read both these Terms, my Terms of Use, and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. DELIVERY OF ANY FILES TO YOU CONSTITUTES ACCEPTANCE, AND THEREFORE, THE CREATION OF A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU AND SANDY SHAW, LLC. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Sandy Shaw, LLC {Brandify} and you will not take place unless and until you have received your order confirmation e-mail. All partial payments agree to these terms and agree that no products will be sent until after full payment is made.
3. PRICING & PAYMENT TERMS
(a) All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Wix Payments, Paypal, Stripe and Partial payments for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
We offer NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE including but not limited to ALL website templates, social media and stationery templates, calligraphy brushes, or any other intangible, digital products, courses and membership subscriptions. ALL SALES ARE FINAL because it is impossible to return a digital product.
If Sandy Shaw, LLC {Brandify} does determine, in its sole discretion, that a “return” may be appropriate for any intangible products from brandifyhq.com, including website templates, social media templates, calligraphy brushes, planners, courses, memberships, etc, you expressly recognize and agree that you’re asking for a refund on a product that you already have and cannot physically return. Therefore, you also EXPRESSLY AGREE and understand that if Sandy Shaw, LLC {Brandify} feels generous enough to allow you a "return", they may charge a TWENTY (20%) FEE (the "Penalty Fee") in addition to the price of each item that they can prove you have either opened, downloaded, unzipped or viewed.
If you do wish to return a previously purchased intangible item and wish to incur the Penalty Fee, you must contact Sandy Shaw, LLC {Brandify}, within five (5) calendar days, and the Parties will enter into a separate Agreement.
PAYMENT PLANS & SPLIT PAY: If choose the Payment Plan option, you are REQUIRED BY LAW to complete all remaining payments of your payment plan. If You elect for a partial payment plan, You hereby authorize Sandy Shaw, LLC {Brandify} and any third party processor to charge your credit card or debit card automatically according to the terms of your payment plan. If the payment method provided upon purchase has been declined for payment of your monthly fee, you must provide a new eligible payment method promptly or the digital asset will be removed from your account.
Website templates will remain the property of Sandy Shaw, LLC {Brandify} until the payment plan has been completed and the products and services have been paid in full. Failure to complete the plan will result in the website template being revoked from your account.
YOU MAY NOT CANCEL OR VOID THESE PAYMENTS. You agree that you DO NOT OWN the single-use product license or RECEIVE co-ownership rights of the product until it is paid in full. In the event that any payment is not made, there will be a 3 day grace period between payment due date and a $50 fee being assessed and charged. If payments are delinquent beyond 45 days, balance will be immediately submitted for collections and WILL BE REQUIRED to remove any digital assets that you do not legally own.
WEBSITE OWNERSHIP ONCE PAYMENT IS COMPLETE
After payment is complete, Brandify will remain the owner of the site, and the client will be the co-owner. This allows the client full control over the site, accept they will not be able to transfer or duplicate the site.
SITE CREDIT
In addition, after granting co-ownership to client, the site will include site credit to Brandify with a link in the footer.
6. LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM California TO California. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME States DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY.
(a) This limited warranty extends only to the original purchaser of products and services from the Site, not to any subsequent or other owner or transferee of the product. This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services you purchased from us. This limited warranty does not cover any damages due to transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty starts on the date of your purchase and lasts for one month, the "Warranty Period". The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(b) With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services. To obtain warranty service, you must e-mail us sandy@brandifyhq.com during the Warranty Period.
(c) Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
7. Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
(c) Sandy Shaw, LLC {Brandify} is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
(d) Fonts used within products are free for use, unless otherwise stated. If the fonts require a license for use, a purchase link will be provided. All demo-images, photography/video graphics are to be replaced prior to launch. Custom fonts can be replaced within any template with purchase of license.
5. Returns and Refunds. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE INCLUDING BUT NOT LIMITED TO ALL WEBSITE TEMPLATES, SOCIAL MEDIA TEMPLATES, DIGITAL COURSES/MEMBERSHIPS OR ANY OTHER INTANGIBLE PRODUCTS. ALL SALES ARE FINAL. If Sandy Shaw, LLC {Brandify} does determine, in its sole discretion, that a “return” may be appropriate for any intangible products from brandifyhq.com, including again website templates, social media templates, calligraphy brushes, planners, digital courses/memberships/programs, etc, Sandy Shaw, LLC {Brandify}, you expressly recognize and agree that you’re asking for a refund on a product that you already have. Therefore, you also EXPRESSLY AGREE AND UNDERSTAND THAT IF Sandy Shaw, LLC {Brandify} FEELS GENEROUS ENOUGH TO ALLOW YOU A “RETURN”, THEY MAY CHARGE A TWENTY PERCENT (20%) FEE (the “Penalty Fee”) IN ADDITION TO THE PRICE OF EACH ITEM THAT THEY CAN PROVE YOU HAVE EITHER DOWNLOADED, UNZIPPED, OR VIEWED. If you do wish to return a previously-purchased intangible item and wish to incur the Penalty Fee, you must contact Sandy Shaw, LLC {Brandify}., within five (5) calendar days, and the Parties will enter into a separate Agreement.
8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
ADDITIONAL TERMS AND CONDITIONS
GOVERNING LAW. The Parties have entered into this Agreement in the State of California and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of California, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of California, and that venue of any action will be located in the District Court o Santa Cruz County, California.
BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
INDEMNIFICATION. To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF CALIFORNIA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Sandy Shaw, LLC {Brandify} intellectual property rights and confidential and proprietary information by you, Sandy Shaw, LLC {Brandify} will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Sandy Shaw, LLC {Brandify} may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and California courts in Santa Cruz County, California, United States of America for purposes of any such action by Sandy Shaw, LLC {Brandify}.
COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
FORCE MAJEURE: Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
