Terms of Service

Last Updated: October 2022

OVERVIEW

This website is operated by Branding and Sales throughout the site, the terms “We”, “Us” and “Our” refer to “Branding and Sales”. The Branding and Sales  website https://brandingandsales.com/ , including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“terms of service”, “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. these terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these terms of service carefully before accessing or using our website. by accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service. 

Any new features or tools which are added to the current website shall also be subject to the terms of service. You can review the most current version of the terms of service at any time on this page. we reserve the right to update, change or replace any part of these terms of service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – SITE TERMS

By agreeing to these terms of service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the terms will result in an immediate termination of your services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve 

(a) Transmissions over various networks; and 

(b) Changes to conform and adapt to technical requirements of connecting networks or devices. credit card   information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. any reliance on the material on this site is at your own risk. This site may contain certain historical information. historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. you agree that it is your responsibility to monitor changes to our site. 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service. 

SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. we cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. we reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. we reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 – MANDATORY MONTHLY MAINTENANCE SERVICE

Websites are packaged with a mandatory monthly maintenance service at USD $10/month. This service includes updates to the back-end software(s), security and plugins required to keep your website functional and secure as well as a backup of your product in the unlikely event it is corrupted. 

SECTION 7 – REQUEST(S) FOR WEBSITE AND BRANDING UPDATES

Clients who may need to have additional updates on their website or branding from time to time may place a official request at support@brandingandsales.com

Clients who are making requests must ensure that it is proofread and finalised before making the request. The request should also be shared via a google document and include any links to examples that you think may be useful. Clients may also opt to get on a call to explain their request(s) if it is not clearly written in the google document.

Request(s) will be billed at an hourly rate of USD $30/hour. Note that even if the request doesn’t take an hour it will be USD $30.

Clients request will be tracked and billed accordingly, providing a summary of the hours taken to complete the request(s) and what was done.

This summary will be sent with an invoice payment link via Stripe.

 

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. in the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. we reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. you agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed. For more detail, please review our refund policy. 

SECTION 9 – REFUND POLICY

We want you to be satisfied with your purchase, but we also want you to give your best effort to use the tools and apply all of the strategies provided. 

The products and services for Branding and Sales are non-refundable. All sales are final. Company documents and tools are digital and therefore downloads cannot be refunded. 

There will be no refunds for tools that are available as instant downloads, such as graphic and content templates which are instant downloads. 

If you have any questions or problems, please let us know by contacting our support team directly at support@brandingandsales.com to get additional assistance. 

If we have a digital course or offer with a 30 day refund period you should provide evidence that proves you have completed the action steps. 

However, in order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you. Please note, if you select the multi payment option we are not able to stop payments without a refund request being submitted. Refund requests within 24 hours of purchase may require additional verification in an effort to prevent piracy.

In the event that you decide your purchase was not the right decision, within 30 days of enrolment, contact our support team at support@brandingandsales.com  and let us know you’d like a refund before the 30th day You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund. All refund requests require submission of the respective refund request via support@brandingandsales.com .

The work that you need to submit with your request for a refund includes ALL of the following items:

Requirement 1:

View 100% of Videos in Completion of Module 1

Requirement 2:

Created and provided links to your digital products, sales and launch promotions that you did. 

Requirement 3:

Must participate in the private Branding and Sales Client group:

Write one post per week, or one comment on another member’s post, or ask one question you may have to get our advice or feedback from members.

Requirement 4:

Must have requested and completed a refund form before 30 days after purchase.

We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 30 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

All refunds are discretionary as determined by Branding and Sales. To further clarify, we will not provide refunds after the 30th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: support@brandingandsales.com 

SECTION 10 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). such new features and/or services shall also be subject to these terms of service. 

SECTION 11 – THIRD-PARTY LINKS

Certain content, products and services available via our service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. we are and shall be under no obligation 

(1) To maintain any comments in confidence;

(2) To pay compensation for any comments; or 

(3) To respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content: 

(a) For any unlawful purpose; 

(b) To solicit others to perform or participate in any unlawful acts; 

(c) To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 

(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender,         sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

(f) To submit false or misleading information; 

(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that     will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) To collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or   scrape;

(j) For any obscene or immoral purpose; or 

(k) To interfere with or circumvent the security features of the service or any related website, other websites, or the internet. 

We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses. 

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. the service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Branding and Sales , Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless  “Branding and Sales” and  our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 – SEVERABILITY

In the event that any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms of service are effective unless and until terminated by either you or us. you may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof). 

SECTION 20 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.  These terms of service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).  Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party. 

SECTION 21 – GOVERNING LAW

These terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Wyoming,United States of America.

SECTION 22 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the terms of service at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes. 

SECTION 23 – CONTACT INFORMATION

Questions about the terms of service should be sent via support@brandingandsales.com