September 30th, 2024

Terms of Service Agreement
Effective Date: September 30th, 2024
Last Updated: September 30th, 2024

Welcome to Brand Heritage, a DBA of Epop Studios LLC ("Brand Heritage," "we," "our," or "us"). By using our website, services, or products, you ("Client," "you," or "your") agree to comply with and be bound by the following Terms of Service. Please read this agreement carefully before accessing or using our services.

If you do not agree to these terms, you must refrain from using our website and services.

1. Overview of Services
Brand Heritage is a branding and design company based in Phoenix, Arizona, USA, offering creative services including, but not limited to:

Brand identity development
Logo design
Website design and development
UX/UI design
Product Development
Marketing collateral design
Social media branding
Brand strategy consulting
Copywriting and content creation
Visual and digital design services
We provide these services to clients both domestically and internationally.

2. Eligibility

By using our services, you confirm that you are at least 18 years old or have the legal capacity to enter into contracts under applicable law. You represent that all information provided by you is accurate and complete.

3. Client Responsibilities
You agree to:

Provide accurate and complete information to enable us to deliver the services.

Review and approve deliverables within the agreed-upon timelines.
Use the services and products in compliance with all applicable laws and regulations.

Ensure that any material or content you provide to us does not infringe any intellectual property rights, trademarks, copyrights, or other proprietary rights of third parties.

4. Intellectual Property
a. Ownership of Work
Upon full payment for the services, you will have ownership of the final deliverables and rights to use them as agreed in the project scope. However, Brand Heritage retains ownership of any concepts, drafts, or intellectual property that were not selected as final deliverables.

b. License to Use
We grant you a non-exclusive, perpetual, worldwide license to use the designs, strategies, and materials we create specifically for you. This license becomes effective only upon full payment for the services rendered.

c. Pre-existing Materials
Any pre-existing intellectual property or materials that we incorporate into the final deliverables remain the property of Brand Heritage or its licensors. We grant you a license to use those materials only as part of the final deliverables and in accordance with the scope of the project.

5. Payment Terms
We offer multiple flexible payment options to accommodate our clients, including standard fees, retainer agreements, installment plans, cryptocurrency payments, and, in some cases, an agreement for a share in the client's company stake as compensation.

a. Pricing
All pricing and fees for services will be agreed upon in writing before work begins. We offer customized pricing for each project, depending on scope, complexity, and timeline.

b. Payment Methods
We accept the following payment methods:

Credit/Debit Cards: We accept major credit and debit cards through secure payment processors.

Bank Transfer: Payments can be made via wire transfer or ACH for domestic and international clients.

Cryptocurrency Payments: We accept select cryptocurrencies (e.g., Bitcoin, Ethereum) as a method of payment. Any cryptocurrency payment must be agreed upon in advance, and exchange rate volatility will be considered at the time of the transaction. Crypto payments are considered final and cannot be reversed.

Company Stake: In certain cases, we may agree to accept partial or full compensation in the form of an equity stake in your business. Any equity agreement will be subject to separate contractual terms and may require legal documentation outside of this agreement.

Installment Plans: For larger projects, we may offer payment via installment plans. The schedule and terms of installments will be clearly defined in the project agreement. Installments must be paid on time, or we reserve the right to halt project work.

Retainer Fees: For ongoing services or long-term contracts, we may require a retainer fee, which is a fixed upfront payment to secure our availability and services over a specified period.

Retainers are typically billed monthly, quarterly, or annually, depending on the terms agreed upon.

c. Invoicing and Payments
A non-refundable deposit or retainer may be required before starting work, as detailed in the service agreement or project proposal.

All invoices will be issued according to the payment schedule agreed upon in the service agreement.

Payments are due as specified in the invoice. Failure to make timely payments may result in suspension or termination of services, and we reserve the right to withhold deliverables until payment is received.

d. Late Payments
If any invoice remains unpaid beyond the due date, we reserve the right to:

Charge late fees of up to [Insert Percentage]% per month on the outstanding balance.
Suspend or terminate services, and withhold any final deliverables until all payments are current.
Pursue legal action or refer outstanding balances to collections agencies where necessary.
e. Currency Exchange and Transaction Fees
For international clients, all payments must be made in USD unless otherwise agreed. The client is responsible for any currency conversion costs, transaction fees, or bank charges incurred.

6. Revisions and Approval
The number of revisions included in the service fee will be outlined in the project proposal or service agreement. Any additional revisions beyond this scope will be subject to additional fees, which will be discussed and agreed upon before further work is undertaken.

7. Cancellations and Refunds
a. Client-Initiated Cancellation
If you choose to cancel a project before its completion, you will be responsible for paying for all work completed up to the cancellation date. The deposit or retainer fee is non-refundable, and any additional fees for services rendered will be prorated based on the project’s progress.

b. Brand Heritage-Initiated Termination
We reserve the right to terminate a project or agreement if:

The client fails to provide the required materials or feedback within a reasonable timeframe.
The client fails to make timely payments.
The client violates these Terms of Service.
Refunds for Brand Heritage-initiated terminations will be at our discretion, and any unused portion of fees paid may be refunded, depending on the circumstances.

8. Confidentiality
Both parties agree to treat all information disclosed during the project as confidential and proprietary unless explicitly stated otherwise. This includes all communication, project details, and deliverables.

We also ensure that all contractors or third-party service providers working with us are bound by Non-Disclosure Agreements (NDAs) to protect client information.

9. Warranties and Disclaimers
a. No Warranties
All services and deliverables are provided on an "as-is" basis. We do not warrant that the deliverables will be free from errors or meet your specific requirements, unless explicitly agreed in writing.

b. Limitation of Liability
To the maximum extent permitted by law, Brand Heritage shall not be liable for any indirect, special, incidental, or consequential damages arising out of or related to the services provided, even if advised of the possibility of such damages. Our total liability for any claims related to the services shall not exceed the amount you paid us for the service giving rise to the claim.

c. International Use
Our services are offered globally, and by using our services outside of the United States, you agree to comply with all local laws and regulations, including intellectual property, data protection, and online conduct laws.

10. Indemnification
You agree to indemnify, defend, and hold harmless Brand Heritage DBA of Epop Studios LLC, its officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your use of our services or your breach of these Terms of Service.

11. Third-Party Services
In providing our services, we may use third-party tools or services (e.g., hosting platforms, payment processors). While we strive to select trusted providers, we are not responsible for the actions, terms, or policies of third parties. You should review the terms and conditions of any third-party services you interact with through our website.

12. Force Majeure
Brand Heritage shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to natural disasters, acts of God, terrorism, labor disputes, equipment failures, internet outages, or government actions.

13. Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the State of Arizona, USA, without regard to its conflict of law principles. Any disputes arising from or related to these Terms of Service will be subject to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona.

For international clients, we agree to cooperate with mediation or alternative dispute resolution mechanisms in your country, where reasonable, before resorting to legal proceedings.

14. Modifications to Terms
We reserve the right to modify these Terms of Service at any time. Any changes will be posted on our website, and the "Effective Date" will be updated accordingly. Continued use of our services after any changes indicates acceptance of
 
Contact Us @

Brand Heritage (DBA of Epop Studios LLC)
Phoenix, Arizona
Email: support@epopstudios.com