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TheBrandRefresh

Legal

Terms of Service

Last updated: 15 May 2026

These Terms govern your use of the website https://thebrandrefresh.com and any services provided by [REPLACE: Legal entity name] ("we", "us"). By using the website or engaging us for services, you agree to these Terms.

1. Services

We provide creative and marketing services, principally website design and development and paid-media management. The specific scope, fees, timeline, and deliverables of any engagement are set out in a separate proposal or statement of work ("SOW") signed by both parties. In the event of a conflict between these Terms and a signed SOW, the SOW prevails.

2. Engagement and fees

  • Project-based work is invoiced in milestones agreed in the SOW. A deposit (typically 30–50%) is due before work begins.
  • Retainer-based work is invoiced monthly in advance, unless otherwise agreed.
  • Media spend for paid-ad services is billed separately by the ad platform directly to your accounts.
  • Invoices are payable within 14 days of receipt unless otherwise stated. Late payments may incur statutory interest under applicable law.

3. Client responsibilities

You agree to:

  • Provide content, brand assets, and feedback in a timely manner;
  • Designate a single primary point of contact authorised to make decisions;
  • Ensure all materials you supply are lawful and that you hold necessary rights to share them with us.

4. Intellectual property

On full payment of all amounts due, you receive ownership of the final deliverables produced specifically for you under the SOW. We retain ownership of any pre-existing tools, libraries, or know-how used to produce the deliverables; you receive a perpetual licence to use them as embedded in the deliverables.

We may display non-confidential portfolio examples of work delivered to you, including your name and logo, unless you opt out in writing.

5. Confidentiality

Each party agrees to keep confidential any non-public information received from the other and to use it only for the purpose of the engagement.

6. Warranties and disclaimer

We warrant that we will provide services with reasonable skill and care. Beyond this, services and deliverables are provided "as is". We do not guarantee specific business outcomes (including but not limited to traffic, conversions, revenue, or ad performance), as these depend on factors outside our control.

7. Limitation of liability

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the services is limited to the fees paid by you to us in the three (3) months preceding the event giving rise to the claim. Neither party is liable for indirect, incidental, special, or consequential damages, including lost profits or data.

Nothing in these Terms limits liability that cannot be limited by applicable law (such as for fraud, gross negligence, or wilful misconduct).

8. Termination

Either party may terminate a project engagement on 14 days' written notice, or a retainer engagement on 30 days' written notice, in each case unless otherwise agreed in the SOW. On termination, you will pay for all work performed up to the effective termination date.

9. Governing law and jurisdiction

These Terms are governed by the laws of [REPLACE: governing jurisdiction, e.g. the Netherlands]. Any disputes will be subject to the exclusive jurisdiction of the courts of [REPLACE: city, country].

10. Changes

We may update these Terms from time to time. The current version is always available at this URL. Continued use of our services after a change constitutes acceptance of the updated Terms.

11. Contact

Questions about these Terms can be sent to hello@thebrandrefresh.com.