About these terms
These Terms of Service (“Terms”) apply when you use the UpBrannd website and the online services we provide around our work: the project inquiry form, our proposal and signing pages, invoice payment links and the client portal (together, the “Services”). UpBrannd is a registered business name based in California (“UpBrannd”, “we”, “us”).
The website project itself, including its scope, price, schedule and ownership, is governed by the separate Website Design and Development Agreement that you sign with us. If these Terms and a signed agreement conflict, the signed agreement wins.
Using the Services
You may use the Services to learn about our work, contact us, review and sign agreements, pay invoices and exchange project materials with us. You agree not to misuse them: for example, by sending spam or harmful files, trying to access accounts or information that are not yours, or interfering with how the Services work.
Project inquiries and files you send
When you send us an inquiry or files, please make sure the information is accurate and that you have the right to share the files. You keep ownership of everything you send us, and you give us permission to use it to respond to you and, if we work together, to build your website and related materials. We accept photos, videos and common document types up to 100 MB per inquiry, and we may refuse files that look unsafe.
Proposals and electronic signatures
You agree that our agreements may be signed electronically and that an electronic signature has the same effect as a handwritten one. When you sign, we keep a record of the signing, including the date and time, your IP address, your approximate location based on that IP address and your device details, as described in our Privacy Policy. A signing link is meant for you; please do not forward it to someone who is not authorized to sign for your business.
Invoices and payments
Invoices are created and processed through Intuit QuickBooks Online. Payment amounts and due dates are set out in your agreement and invoice. Payments you make on Intuit’s payment page are also subject to Intuit’s own terms. We never receive or store your card or bank details.
Client accounts and portal
If we give you a client login, keep your sign-in details private and tell us promptly if you think someone else has used them. Actions taken through your login are treated as yours. We may suspend access to protect your account, our Services or other clients.
Content and ownership
You keep ownership of the content you provide, such as your logo, photos and text. Ownership of the website we build for you is set out in your signed agreement. The design of our own website, our tools and our know-how remain ours.
The portfolio and demonstration websites shown on our site are examples of our work. Some are concepts made for illustration, and any third-party names and logos belong to their owners.
Availability and changes
We aim to keep the Services available and working, but we do not guarantee they will always be uninterrupted or error free. We may update, change or retire parts of the Services at any time.
Disclaimer and limitation of liability
To the extent the law allows, the Services are provided “as is”. We are not responsible for problems caused by services we do not control, such as your internet connection, email provider or third-party platforms, or for indirect, incidental or consequential losses such as lost profits.
Our total responsibility relating to the Services is limited to the amount you paid us in the twelve (12) months before the claim. Nothing in these Terms limits responsibility that cannot be limited by law.
Ending access
We may suspend or end access to the Services if these Terms are broken. Any parts of these Terms that by their nature should continue after access ends will continue.
Governing law
These Terms are governed by the laws of the State of California.
Changes to these terms
We may update these Terms from time to time. The “Last updated” date above shows when they last changed. Continuing to use the Services after a change means you accept the updated Terms.
Contact us
Questions about these Terms: contact@upbrannd.com.