DEUS MARCA LLC

6666 Sepulveda Blvd No. 212, Van Nuys CA 91411

BRANDING & DESIGN SERVICES

TERMS & CONDITIONS

These terms and conditions ("Terms") govern the use of the "Brand Kickstart Package" or “Brand Package” service ("Service") provided by Deus Marca™ ("Provider" or “Deus Marca”). By purchasing and using the Brand Kickstart or other Brand Package, you ("Client") agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using the Service.

1. Service Description: And Brand Package service provided by Deus Marca offers a package of brand and design services. The specific deliverables and assets included in the purchased package tier are outlined and limited to those assets. It may include, but is not limited to, brand identity assets, such as logos, custom icons, custom Canva templates and a website design and/or development, as specified in the purchased package.
2. Key Decision Makers: For any services delivered to the Custom by the Provider, a Key Decision Maker must be assigned to the service who is available and able to execute the needed interaction with the Provider for service completion. Any additional Key Decision Makers who would like to be added by the Client to participate in a service rendered after the services have already started, must be notified by the Client to the Provider in writing. The Client understands that by adding additional Key Decision Makers to a service after the service has already commenced will delay the service deliverable timeline and incur additional costs and can often lead to significant changes to Scope of Work, which can lead to repeat work, total revisions, sometimes even forces a change of strategy and groundwork. This is something we caution against and request the Client be very mindful of who should be part of the process from the very beginning. Key Decision Makers should be a part of and Brand Mapping and/or Brand Calibration Services. (Names and Signatures of each Key Decision Maker will be required to move forward).
3. Milestone Reviews 🚨 The Client understands that Milestone Reviews are a critical event to make clear directly with Deus Marca any feedback, concerns, and edits. Some reviews will provide the Client an opportunity to make live edits and approvals in order to keep up with the agreed upon speed of the project turnaround. Other times Deus Marca will submit an approval request to the Client via email, Notion, Slack, Canva, Google Docs, and or via another Live Review. The Client understands that each step in the creative process is a building block for all subsequent work. Therefore, should a client change their mind on a prior step in the creative process, it is likely to affect the schedule and cost - and may lead to a SOW change. The Client acknowledges their responsibility to vocalize edit requests at the time a specific step and deliverable is being discussed. Once Deus Marca completes a milestone it is automatically considered approved upon review by the client unless the client is unsatisfied and makes it clear that the process must be paused and revised with a significant edit. Milestone review are the client’s opportunity to vocalize edits. In some circumstances, Deus Marca may provide the Client with extended time (24-48 hours) to “sit with a design” prior to moving forward.
4. Edits Vs Revisions: The design outcomes of the Brand Package are a result of cooperative work between the Client and Deus Marca, based on the approved "Brand Map."
   1. Edits: Edits are limited to small tweaks during the live workshop to ensure alignment with the agreed-upon brand strategy. An edit is a smaller task that effects one asset (for example, scaling an image larger or smaller on a document, adjusting the placement of certain images or copy).
   2. Revisions: Revisions are considered significant “re-makes” of work or having to alter a variety of deliverables as a result of the revision, (for example, changing a Brand Color in the Brand Color Palette that then needs to be applied across all collateral).
   3. Revision Management:
      1. Should Deus Marca deliver a result that is not aligned with agreed upon Creative or Art Direction from a prior step of work, or based upon agreed references or needs, Deus Marca in good faith will revise the work to amend its error.
      2. If Deus Marca has followed directions, references, or already had prior creative steps approved, yet upon seeing the results or with a change in opinion, the Client wants to revise the idea or change directions, then the Client understands that this may result in changes to the SOW, schedule, and possibly leading to additional costs. Deus Marca in good faith will negotiate to provide the Client with fair pricing necessary to provide revisions as the intention is to provide satisfactory work in accordance with the original or a revised SOW. The Client understands that these additional costs are not to “punish” the Client, but to ensure the service providers are compensated justly for the additional time required for such revisions and to cover the minimal administrative work required for such an event. Clients may expect to pay anywhere between $500 - $5000 on average for revisions depending on how much existing collateral is affected by the revisions.
5. Virtual Live Workshops Schedules & Deliverables: Workshops on Zoom will be booked for an agreed upon set of dates and blocks of time, where the Client confirms they are fully available to participate. The Consultant will send the Client a questionnaire no less than 2 days before scheduled Workshop if and when necessary, which is to be returned fully completed no later than 1 day of Workshop. Design deliverables produced by the Deus Marca will be based on the Client’s needs and willingness to make decisions and move forward in these Workshop sessions. The Client agrees to be focused and without distractions at the time of workshop, and agrees that if they are unable to do so they are liable for any additional hourly fees for revisions outside of the agreed to Workshops that may occur. If a client fails to show up without a 48 hour request to reschedule, they may be subject to a 20% rescheduling fee as the team has blocked out significant time to be fully available to the Client. In the case where a Client is requesting an a single deliverable (such as a logo redesign or a set of print collateral), Live Workshops will be booked for an agreed upon set of dates and blocks of time. The Client must follow and be fully available on Zoom for that window of time on those dates to stay on time and on budget.
6. Brand Package Deliverable Exclusions: Brand packages do not include: Purchasing specific stock photography or video (unless Deus Marca deems they can edit stock content that is already accessible to support the project, in which case Deus Marca will include it as necessary. Also, does not include custom video, photography, music, nnimation, motion, additional plugins or custom code (injections or snippets) for website development, unless Deus Marca has specified otherwise within your deliverables. Also, does not include printing costs or print or vendor management, unless Deus Marca has specified otherwise within your deliverables.
7. Brand Map Updates: Should the client have significant changes in their business goals, target market, products, services, or strategy between the time of a final Brand Map and the start of a Brand Package, the Client may be required to have a Brand Map update to align the strategy with our design process prior to initiation any design work. Our design process relies on a current and alignment strategy. The cost of a Brand Map update or a Calibration starts at $1250 unless otherwise agreed upon.
8. Additional Services: Any services not explicitly included in the Brand Package proposal are considered outside the scope of the Service. If the Client requires additional services beyond the included package offerings, they may be available as "add-on" services for additional fees or as part of a separate Momentum Membership. The terms, conditions, and fees for such additional services will be discussed and agreed upon separately.
9. Intellectual Property:
   1. Brand Identity Assets: Any final brand identity assets, including logos and custom icons, delivered to the Client as part of the Brand Package are considered the intellectual property of the Client upon delivery. The Client retains full ownership and rights over these assets. Deus Marca retails full ownership and rights over any assets or concepts that were not used in the final designed deliverables to the client.
   2. Third Party Assets: The Brand Package may incorporate third-party assets such as, but not limited to, fonts, reference images in the provided mood board, Stock images and video, Canva design assets. These third-party assets retain their original intellectual property rights held by their respective owners. The mood board, in particular, is for internal reference only. The Client is responsible for complying with any applicable licensing terms or restrictions related to these third-party assets. Deus Marca will advise the client accordingly should they have import license obligations for any third-party assets.
   3. Templates: Deus Marca retains ownership and rights to any base templates created or utilized as part of the Brand Package. The Client is granted a limited, non-exclusive, non-transferable right to use their customized templates for commercial purposes for the brand in the agreement. Duplicating custom templates to use for other brands is not permitted without prior written consent. Clients are welcome to create new original templates.
   4. Non-disclosure Agreement During and after the execution of Deus Marca’s contractual agreement with the Client, Deus Marca will not knowingly use, disclose or transfer any Company Confidential Information other than as authorized in writing by the Client or within the scope of Deus Marca’s duties with the Client as determined reasonably and in good faith by the Client. Anything herein to the contrary notwithstanding, the provisions of this agreement shall not apply when disclosure is required by law or by any court, arbitrator, mediator or administrative or legislative body (including any committee thereof) with actual or apparent jurisdiction to order the Consultant to disclose or make accessible any information; with respect to any other litigation, arbitration or mediation involving this Agreement, including, but not limited to, the enforcement of this Agreement; as to information that becomes generally known to the public or within the relevant trade or industry other than due to Deus Marca violation of this agreement as to information that is or becomes available to Deus Marca on a non-confidential basis from a source which is entitled to disclose it to Deus Marca; or as to information that Deus Marca possessed prior to the commencement of employment with the Client.
      1. The Client also agrees not to disclose or share any of the customized services, systems, templates, including our Brand Map™ process, Zero Gravity Design System™, or other templates, process, and systems unique to Deus Marca without prior written consent.
10. Marketing Usage: Deus Marca retains the non-exclusive right to use any deliverables created as part of the Client’s Brand Package for marketing and promotional purposes. This includes, but is not limited to, showcasing the deliverables in Deus Marca's portfolio, website, social media, and other marketing materials. However, Deus Marca will not disclose any confidential or proprietary information of the Client that is not yet public without obtaining prior written consent. Deus Marca also may use clips from recorded videos or pull quotes from videos, emails, texting communications as testimonials about our service. Should a Client not wish their words or videos to be used, the Client must advise Deus Marca to exclude them in written notice.
11. Payment: Client agrees to pay in full before the start of the Service. Payments are non-refundable. Other payments terms and agreements must be agreed upon in writing by proposal or email. If Client is late on a payment by more than 10 business days, a 10% late fee of the balance due may be applied for each 10 day period. We accept payments via Stripe & Quickbooks Secure Billing systems. You can pay via any major debit or credit card, ACH Debit Transfer or Bank Transfer. We do not collect any data. In some cases there may be a requirement for additional processing fees.
12. Third Party Costs: Deus Marca is not responsible for any third party fees incurred by Client, including but not limited to: Website hosting fees, GoDaddy, Squarespace, Canva Pro or Teams, MailChimp, Notion, Slack, Paperform, Calendly etc. Failure to pay for necessary third party platforms will most likely result in a delay of services and may result in additional charges issued by Deus Marca to help resolve.
13. Dispute:
    1. Dispute Management If, at any time, the Client does not approve of actions taken by Deus Marca on its behalf, it must notify Deus Marca in writing immediately. Upon receiving such a communication, the Deus Marca will respond in writing within (48) hours and with reasonable terms and conditions to reach a resolution.
    2. Dispute Resolution: If there is any dispute or controversy between the parties arising out of or relating to this Agreement, the parties agree that such dispute or controversy will be arbitrated in accordance with proceedings under American Arbitration Association rules, and such arbitration will be the exclusive dispute resolution method under this Agreement. The decision and award determined by such arbitration will be final and binding upon both parties. All costs and expenses, including reasonable attorney’s fees and expert’s fees, of all parties incurred in any dispute that is determined and/or settled by arbitration pursuant to this Agreement will be borne by the party determined to be liable in respect of such dispute; provided, however, that if complete liability is not assessed against only one party, the parties will share the total costs in proportion to their respective amounts of liability so determined. Except where clearly prevented by the area in dispute, both parties agree to continue performing their respective obligations under this Agreement until the dispute is resolved.
14. Termination: Either party may terminate the Service with written notice to the other party. In the event of termination, the Client will remain responsible for any outstanding fees or charges incurred prior to the termination date unless otherwise stated in prior written agreement.
15. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in the State of California.
16. Entire Agreement: These Terms constitute the entire agreement between the Client and Deus Marca regarding the Brand Package service and supersede any prior agreements or understandings, whether written or oral.