Terms of Service

Welcome to The Branx Studio, a platform brought to you by The Branx Europe S.L. Our terms of service outlined below govern your use of our website www.Branding Package, and all the content, functionality, and services we offer.

Please note that we may update these terms at any time, and the updated terms will be posted on our website.

By using our services, you confirm that:

• You are at least 18 years old;

• You agree to abide by these terms and all related policies and guidelines;

• You have the legal authority to agree to these terms on behalf of yourself or the entity you represent; and

• You will not misuse our services or misrepresent your identity.

Please read these terms carefully. By using our services, you agree to be bound by these terms. If you do not agree, please exit our website immediately and refrain from using our services.

1. Definitions

In these terms, 'we', 'us', and 'our' refer to The Branx Studio. 'Content' includes all text, information, graphics, audio, video, and data available on our website. A 'buyer' is a user who purchases a ready-to-deploy brand from us. A 'brand' refers to a ready-to-deploy brand package that includes a brand name, an exclusive .com domain name, a logo with a visual identity, a brand kit including social media and a presentation deck template, and a ready-to-deploy website template. 'Intellectual Property Rights' refers to all intellectual property rights worldwide, including copyright, patent rights, trademark rights, submissions, and plant breeder rights, whether or not they are registered or can be registered.

2. Legal relationships and obligations

Our service is an online platform where buyers can purchase ready-to-deploy brands listed by us. By purchasing a brand, you acknowledge and agree that you are contracting directly with us. When a buyer purchases a brand, both the buyer and we agree to abide by the terms of this agreement.

3. Payment

3.1 We require an upfront, non-refundable payment of 10% of the total cost at the start of the contractual relationship. The remaining 90% is due upon delivery of all branding materials. The initial payment is due via credit card, and subsequent payments will be auto-charged to the same card. If credit card payment is not possible, a 15-day period is provided for alternative payment methods. Unsettled payments after this period may incur a late fee of 1.5%.

3.2 Any charges payable under this Agreement are exclusive of taxes, surcharges, or other amounts assessed by provincial or federal governments. Taxes imposed upon or required to be paid by “the buyer” or The Branx will be the respective and exclusive responsibility of each party.

4. Refund Policy

You can request a refund for your domain purchase, provided it's done within 24 hours of purchase and before we've initiated the domain transfer. However, a 5% cancellation fee will be deducted to cover payment gateway and transaction processing costs. If we're unable to transfer the domain to you for any reason, you'll receive a full refund, and the 5% fee won't be charged. Please note, refunds are not available once the domain transfer has started or after 24 hours from the time of purchase, whichever comes first.

5. Surcharges

Extra changes, sessions, or revisions that are not included in the branding package (e.g.the creation of further brand assets or change requests to the brand package), can be executed by The Branx but generate a surcharge of 100 € per hour.

6. Warranty - Legal notice

6.1. Our services are provided 'as is', without warranties of any kind, to the maximum extent permitted by law. We do not guarantee that our services are accurate, complete, reliable, current, error-free, or that they meet your requirements. We cannot guarantee that our services or servers are free of viruses or other harmful components.

6.2. To the maximum extent permitted by applicable law, once the work has been delivered to

“The buyer” The Branx is not responsible for disputes that may arise in intellectual or industrial

property outside or within the Spanish legislation. However, to encourage a policy of prevention to clients, The Branx recommends making a prior analysis of the intellectual and industrial property of their market, under their responsibility, through public offices such as the EUIPO, WIPO, USPTO, or CIPO. 

6.3. The applicable law in case of dispute or conflict of interpretation of these conditions, as well as any question related to The Branx services, will be the Spanish law.

7. Limitation of liability

7.1. To the extent permitted under applicable law The Branx shall not be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, the ones related to loss of revenue, income or profits, loss of use or loss of data, intellectual property infringement or business disruption damages) arising out of or in any way connected with the services or work performed by The Branx or otherwise related to the agreement, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

7.2. In no event shall the aggregate liability of The Branx (collectively), whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), or any other theory, arising out of or relating to the Agreement, exceed the greater of the compensation “the buyer” pays for the Project. However, the foregoing limitations shall not limit or exclude liability for The Branx's gross negligence, fraud, intentional, willful, or reckless misconduct.

8. Liability release

To the fullest extent permitted by applicable law, “the buyer” releases The Branx from liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, negligence claims), arising out of or relating to disputes between users and the acts or omissions of third parties.

9. Termination

The Branx Europe S.L. reserves the right to terminate your access to Branding Package at any time, without notice, for any reason whatsoever. You may also terminate your account at any time, though all fees paid are non-refundable and you remain obligated to pay all outstanding fees, if any.

10. Intellectual Property Rights

11.1. Upon purchase, the buyer is granted exclusive rights to the brand package. This includes the brand name, .com domain name, logo, visual identity, brand kit, and website template. The Branx Europe S.L. retains no rights to the purchased brand package and will not resell it.

11.2. You shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content found on our Website in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder.

11.3.  You shall not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose our Website, Service, or any portion thereof that is not expressly permitted by The Branx Europe S.L., in writing.

12. Jurisdiction

This Agreement shall be governed by Spanish law. Any claims against this agreement must be made within 6 months from the date of the subject of the claim and must be made in writing to The Branx Europe S.L, Calle Juan Ramon Jimenez 1, Dupdo, 11007 Cadiz, Spain. Should a claim arise, “the buyer” agrees to waive a trial by jury and to first seek a resolution by arbitration in Cadiz, Spain.

13. Force majeure

Neither Party to this Agreement is responsible for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to fire, explosion, flood, war, embargo, governmental action, act or order of a public authority, strike, public health emergency or communicable disease outbreak or to any other cause beyond its control.