TERMS AND CONDITIONS
Welcome to Branded by Tylisia!
Branded by Tylisia is owned and operated by Branded by Tylisia, LLC.
These are the terms and conditions for:
· tylisiacrews
By using the website and services, you agree to be bound by these terms and conditions and our Privacy Policy. In these terms, the words "website" refer to the Branded by Tylisia website, "we", "us", "our" and "Branded by Tylisia" refer to Branded by Tylisia and "user", “client”, "you" and “your" refer to you, the user and client of Branded by Tylisia.
The following terms and conditions apply to the website and services offered by Branded by Tylisia. This includes the mobile and tablet versions as well as any other version of Branded by Tylisia accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM BRANDED BY TYLISIA.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Branded by Tylisia. By registering and using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Branded by Tylisia. You agree to be bound by any modification to this terms and conditions when you use Branded by Tylisia after any such modification is posted; it is therefore important that you review this agreement regularly.
Branded by Tylisia may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By providing Branded by Tylisia with your email address you consent to our use of your email address to send you notices about the services, including those required by law. We may also use your email address to send you notifications and other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news or special content.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. SERVICES
Branded by Tylisia offers the following services:
Business Development
· Business development questionnaire
· 90-minute business development strategy session
· Comprehensive business plan (PDF) including:
· Company description
· Market analysis
· Target market
· Marketing and sales
· Goals and objectives
· SWOT analysis
· Mission statement
· Short and long term goals
Brand Identity Development
· Brand style guide. An in-depth guide to your signature brand logos, colors, fonts, and additional design elements and how to use them in your business.
· Custom logo design. A custom logo design, presented in 2-3 formats so you have a logo design for every space & occasion.
· Brand color + font palettes
· Full copywriting + storytelling
· Pattern design. A custom pattern design to reinforce the branded experience we want your audience to have when engaging with your business.
Brand + Product Photography
· Product photography and brand + lifestyle photography
· Creative pre-shoot brief session [creative + visual direction]
· Mood board
· Location research, selection, and booking
· Strategic shot planning
· Prop selection
Web Design
· Website mock-up and design
· Custom website pages (typically this includes the home page, services/products page, and a contact/ FAQ page.
· Copywriting + text verbiage assistance
· Inventory importing and management
· Post-design website teaching session
Print + Digital Marketing Collateral
· Business cards
· Thank you cards
· Wedding or event invitations
· Swing tags
· Stickers
· Event branding and promotional materials
· Flyers
· Packaging design
· Loyalty cards
· Gift certificates
· Deck or presentation design
· Business cards + communication packages
· Instagram, Pinterest, and Facebook Templates
· Pricing lists
· Product labels
· Media kits
For more information about the services and for the purpose of hiring the services, clients can schedule a consultation call through our website.
Projects require an initial deposit of 50% of the total project value before work begins. The initial deposit is non-refundable. Clients can agree on a payment plan for the remaining balance or pay the remaining balance in full at the end of the project. The payment plan for services can be agreed upon during the consultation.
All rights, title and interest in and to the works and all original creations prepared by Branded by Tylisia for the client in connection with this agreement and the services will be transferred and assigned upon full payment by the client for the services and delivery of the final works. The rights to the works and creations made by Branded by Tylisia for the client will not be transferred until the client makes full and complete payment for the service or project. The client will be the owner of all rights to the final works delivered by Branded by Tylisia once full payment is made for the project and services. If the client does not make full payment for the project according to the payment schedule agreed upon at the beginning of the project and service, the client will not be able to make use of the original works and creations made by Branded by Tylisia for the client in connection with this agreement and the services.
Services will be paid through Zelle, PayPal, Stripe and Square (payment processors available in Branded by Tylisia). Payment will be charged to your credit or debit card immediately upon payment of the relevant invoice. Upon processing a transaction, we will issue an electronic receipt which will be sent to the email address you provided to us at the time of contracting our services. The email and transaction receipt may be sent via the payment platform available at Branded by Tylisia.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the client service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
The price of the services will be determined based on the services contracted by the client and the work performed by Branded by Tylisia. Branded by Tylisia reserves the right to determine the price of the services and change the price of the services at any time and without any notice.
Branded by Tylisia may cancel any services and not provide the services if it is reasonable to do so and may change or discontinue the availability of the services at any time at its sole discretion.
3. DISCLAIMER
By purchasing or engaging the services of Branded by Tylisia, you agree that Branded by Tylisia does not guarantee any profit results, success or failure of the final services or work provided by Branded by Tylisia. Branded by Tylisia is not responsible for any losses or profits that our clients may make by engaging our services. The client acknowledges that the ultimate success or failure of the services provided and final works delivered by Branded by Tylisia will be the result of each particular situation beyond the control of Branded by Tylisia.
By accessing the website and the content available on the website, you accept personal responsibility for the results of using the information available on the content. You agree that Branded by Tylisia has not guaranteed the results of any actions taken, whether or not advised by this website or the content. Branded by Tylisia provides resources and content for informational purposes only. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.
4. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
5. LICENSE TO USE THE PLATFORM
Branded by Tylisia gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Branded by Tylisia as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Branded by Tylisia, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Branded by Tylisia website or third parties.
Branded by Tylisia reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Branded by Tylisia believes that you have violated any of these terms or interfered with the use of the website or service by others.
6. COPYRIGHT
All materials on Branded by Tylisia, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Branded by Tylisia or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Branded by Tylisia are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Branded by Tylisia prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Branded by Tylisia or any part of the material for any purpose other than its intended purposes is strictly prohibited.
7. COPYRIGHT INFRINGEMENT
Branded by Tylisia will respond to all inquiries, complaints and claims related to the alleged infringement or violation of the provisions contained in Maltese and international copyright and intellectual property laws and regulations. Branded by Tylisia respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Branded by Tylisia website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:
· Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
· A statement that specifically identifies the location of the infringing material, in sufficient detail so that Branded by Tylisia can find it on the "Branded by Tylisia" website. Note that providing a top-level URL is not sufficient.
· Your name, address, telephone number and email address.
· A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
· A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
· An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
8. CUSTOMER CONTENT
When contracting our services, the client may provide us with content and information. The client retains the copyright or any rights it may have in the content and information it provides through the services. Branded by Tylisia is not responsible for the accuracy, security or legality of the content and information provided by clients through the services. You are solely and exclusively responsible for the content and information you provide through the Services. By providing content and information through the services, the client grants Branded by Tylisia a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, display, perform, reproduce and modify the content for the sole and exclusive purpose of providing our branding design services.
9. REPRESENTATIONS AND WARRANTIES FOR CLIENT CONTENT
Branded by Tylisia disclaims all liability in connection with the content that the client provides through our services. Customer is solely and exclusively responsible for the content it provides through our services. By providing content through our services, you represent, represent and warrant that:
(a) You are the creator and owner of the content you provide through our services, or have the necessary licenses, rights, consents and permissions to authorize Branded by Tylisia to use such content for the purpose of providing our services.
b) Your content and the use of your content as contemplated by these terms, (i) does not and will not infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libel, defame, slander or invade the right of privacy, publicity or other proprietary rights of any other person; or (iii) cause Branded by Tylisia to violate any law or regulation.
c) Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
d) Your content does not and will not contain hateful content, threat of physical harm or harassment.
10. PERSONAL DATA
Any personal information you post or submit in connection with the services and use of the website will be used in accordance with our Privacy Policy. By using the services, you agree that we may collect and store your personal information. Please see our Privacy Policy.
11. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Branded by Tylisia or licensed to the Branded by Tylisia by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
· Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
· Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
· Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
· Deep-link to any portion of the services for any purpose without our express written permission.
· "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
· Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Branded by Tylisia in connection with the services.
· Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
· Download any content unless it’s expressly made available for download by Branded by Tylisia.
12. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet Branded by Tylisia provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Branded by Tylisia for any loss or damage caused as a result.
Branded by Tylisia will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Branded by Tylisia excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Branded by Tylisia and Branded by Tylisia shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
· Any incorrect or inaccurate information on the website.
· The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website.
· Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
· Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Branded by Tylisia.
· All representations, warranties, conditions and other terms which but for this notice would have effect.
13. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Branded by Tylisia for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
14. INDEMNIFICATION
You agree to defend and indemnify Branded by Tylisia from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
· Your breach of this agreement or the documents referenced herein.
· Your violation of any law or the rights of a third party.
· Your use of the services.
15. CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
16. ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Branded by Tylisia without restriction.
17. INTEGRATION CLAUSE
This agreement together with the Privacy Policy and any other legal notices published by Branded by Tylisia, shall constitute the entire agreement between you and Branded by Tylisia concerning and governs your use of the website and the services.
18. DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and Branded by Tylisia, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Branded by Tylisia may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.
The courts of the United States shall have jurisdiction over any dispute, controversy or claim relating to Branded by Tylisia and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States.
19. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the website and services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website and services or information provided to or collected by us with respect to such use.
If any part of these terms and conditions is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms and conditions at any time does not waive our right to enforce the same or any other provision in the future.
Any rights not expressly granted herein are reserved.
20. CONTACT INFORMATION
If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or via the contact information below:
Branded by Tylisia
Email: hello@tylisiacrews.com
Phone: (804) 924-7355