Terms of
Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Brandvanta Dynamics (“Brandvanta,” “we,” “us,” or “our”), a limited liability company registered in the State of Colorado, with its principal place of business at 9556 Park Meadows Dr, Lone Tree, CO 80124.

By submitting a project inquiry, signing a Statement of Work, making any payment, or otherwise engaging our professional branding and creative services, you confirm your acceptance of these Terms in their entirety. Your continued engagement with Brandvanta Dynamics constitutes ongoing acceptance of these Terms as they may be updated from time to time.

1.1 Legal Capacity

By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal authority to enter into binding contracts; (c) if entering into this agreement on behalf of an organization, you have the authority to bind that organization; and (d) your use of our services does not violate any applicable law or regulation.

1.2 Electronic Agreement

You acknowledge that your electronic acceptance of these Terms, including via email confirmation, digital signature, or written acceptance of a proposal, is legally equivalent to a handwritten signature and constitutes a binding agreement under applicable law.

Brandvanta Dynamics provides professional branding, strategy, identity design, and creative consulting services to businesses, founders, and organizations seeking to establish, evolve, or reposition their market presence.

2.1 Core Service Offerings

• Brand Creation from Zero: strategy, direction, naming consultation, identity systems, and launch assets.
• Logo & Visual Identity: logo design, typography direction, color systems, iconography, and brand language.
• Tone of Voice Development: messaging frameworks, verbal positioning, brand statements, and communication rules.
• Brandbook & Guidelines: documentation for visual and verbal consistency across channels and teams.
• Rebranding: audits, repositioning, strategic refinement, and systematic transformation of existing brands.
• Consulting & Advisory: strategic sessions, direction setting, differentiation, and brand decision support.

2.2 Service Scope

Each engagement is tailored to the specific needs of the Client. The exact scope, timeline, deliverables, and milestones will be defined in a Statement of Work, proposal, or service agreement.

All client engagements are formalized through a written agreement, proposal, or Statement of Work. No work will begin until a project agreement has been accepted and the required deposit has been received.

3.1 Project Kickoff

After agreement execution and deposit payment, Brandvanta Dynamics will schedule a kickoff process to align on objectives, timeline, deliverables, communication flow, and review structure.

3.2 Timelines

Project timelines are estimates based on the agreed scope and assume timely cooperation from the Client, including approvals, content submission, references, and review feedback. Timelines may shift if the project scope changes, approvals are delayed, or additional revision rounds are requested.

3.3 Hold Policy

If a project is paused by the Client for more than 30 consecutive calendar days, we reserve the right to apply a restart fee, re-queue the project, and adjust delivery dates. Projects inactive for more than 90 days may be treated as abandoned.

All fees are outlined in the applicable proposal or Statement of Work and are quoted in United States Dollars (USD) unless otherwise stated in writing.

4.1 Standard Payment Structure

• Projects under $5,000: 100% due upfront before project commencement.
• Projects from $5,000 to $15,000: 50% upfront, 50% before final delivery.
• Projects above $15,000: milestone-based split as defined in the project agreement.

4.2 Invoice Terms

Invoices are payable within fourteen (14) calendar days unless otherwise stated. We reserve the right to suspend work on any overdue account.

4.3 Late Payments

Outstanding balances may incur a late fee of 1.5% per month, or the maximum rate permitted by law, whichever is lower. The Client agrees to cover reasonable collection costs if recovery action becomes necessary.

4.4 Expenses & Taxes

Unless explicitly included, third-party costs such as fonts, stock assets, specialty software, printing, travel, or licensing fees are billed separately. Applicable taxes remain the responsibility of the Client.

Intellectual property provisions govern ownership, licensing, usage, and transfer of creative assets developed during the project.

5.1 Final Deliverables

Upon full payment, Brandvanta Dynamics assigns to the Client all right, title, and interest in the final approved deliverables created specifically for that project, subject to any third-party license limitations.

5.2 Reserved Rights

We retain ownership of preliminary concepts, unused design routes, internal frameworks, methods, templates, tools, and pre-existing intellectual property. We also reserve the right to display final work in our portfolio unless a written confidentiality restriction applies.

5.3 Third-Party Assets

If deliverables include fonts, stock imagery, icons, plug-ins, or other third-party assets, those components remain governed by their own license terms. The Client is responsible for maintaining any required commercial usage rights.

Each party may receive confidential, proprietary, or commercially sensitive information during the course of the engagement. Both parties agree to protect such information with reasonable care and use it only to fulfill project-related obligations.

6.1 Scope of Confidential Information

Confidential Information includes internal strategies, client lists, product plans, launch data, unreleased assets, credentials, financial details, and non-public materials disclosed verbally, visually, digitally, or in writing.

6.2 Exceptions

Confidentiality obligations do not apply to information that becomes public without breach, was already lawfully known, is independently developed, or must be disclosed by law.

6.3 Duration

Unless otherwise required by law or contract, confidentiality obligations survive for three (3) years after the end of the engagement.

The Client agrees to actively support the engagement and provide timely collaboration necessary to keep the project moving.

• Provide accurate materials, context, brand references, and business information required for the work.
• Assign a primary point of contact authorized to approve feedback and decisions.
• Review deliverables and provide consolidated feedback within agreed timelines.
• Ensure all submitted text, imagery, trademarks, and materials are lawfully owned or licensed.
• Meet payment obligations according to the agreed schedule.
• Communicate project changes, blockers, or internal approval delays as early as possible.

We are not responsible for delays, misalignment, or quality issues caused by incomplete briefs, missing assets, inconsistent feedback, or Client-side approval bottlenecks.

Creative work is iterative, but revision rounds and change requests must stay within the agreed production framework.

8.1 Included Revisions

Each proposal or Statement of Work specifies how many revision rounds are included. A revision means refinement of an approved direction, not the creation of a brand-new route.

8.2 Additional Revisions

Revision rounds beyond the agreed number may be billed at our current hourly rate or under a separately approved add-on estimate.

8.3 Scope Changes

Any request that materially expands the original scope, such as new deliverables, extra formats, strategic pivots, or new phases of work, will be treated as a scope change and quoted separately before work proceeds.

9.1 Professional Standard

Brandvanta Dynamics warrants that services will be performed in a professional manner consistent with accepted industry standards.

9.2 No Guaranteed Business Outcome

We do not guarantee any specific commercial result, including revenue growth, conversion lift, market adoption, acquisition outcome, or audience response. Branding effectiveness depends on multiple variables outside our control.

9.3 “As Is” Limitation

Except where expressly stated, all services and deliverables are provided on an “as is” basis without implied warranties, including merchantability, fitness for a particular purpose, or uninterrupted business performance.

To the maximum extent permitted by law, Brandvanta Dynamics shall not be liable for any indirect, consequential, incidental, punitive, or special damages, including loss of revenue, profits, data, goodwill, or opportunity, arising from or related to the services or these Terms.

Our aggregate liability in connection with any claim related to a specific engagement shall not exceed the total amount paid by the Client to Brandvanta Dynamics for that engagement during the twelve (12) months preceding the claim.

11.1 Termination by Client

The Client may terminate an engagement by written notice. In that event, the Client remains responsible for payment for all completed work, time allocated, and approved expenses incurred through the effective termination date.

11.2 Termination by Brandvanta

We may terminate an engagement if the Client materially breaches these Terms, fails to make payment, engages in unlawful or abusive conduct, or otherwise prevents reasonable project completion.

11.3 Effect of Termination

Upon termination, rights and obligations relating to payments due, confidentiality, liability limitations, dispute procedures, and ownership of paid deliverables survive as applicable.

12.1 Good Faith Negotiation

The parties agree to first attempt to resolve disputes through direct, good-faith negotiation before initiating formal proceedings.

12.2 Mediation

If the dispute is not resolved informally, either party may request mediation conducted in Colorado or virtually, with costs shared equally unless otherwise agreed.

12.3 Arbitration

If mediation fails, disputes may be resolved by binding arbitration administered under applicable commercial arbitration rules.

12.4 Individual Basis Only

Any claim must be brought on an individual basis and not as part of a class, consolidated, or representative proceeding.

These Terms and all related project agreements are governed by the laws of the State of Colorado, United States, without regard to conflict-of-law principles. Venue for any permitted court proceeding shall be in the appropriate courts serving Douglas County or Arapahoe County, Colorado.

Brandvanta Dynamics reserves the right to update these Terms at any time. Material updates will be reflected by changing the “Last Updated” date at the top of this document and, where appropriate, active clients may be notified directly.

Continued use of our website or services after revised Terms become effective constitutes acceptance of those changes.

15.1 Entire Agreement

These Terms, together with any accepted proposal, Statement of Work, or written project agreement, form the entire agreement between the parties regarding the subject matter addressed herein.

15.2 Independent Contractor

Brandvanta Dynamics acts as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between the parties.

15.3 Force Majeure

Neither party is liable for delays caused by events beyond reasonable control, including power outages, internet failures, natural disasters, governmental actions, or public emergencies.