Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of marketbrands.co and any services provided by Marketbrands ("we", "us"). By engaging us or using our site, you agree to these Terms.

2. Services

We provide brand strategy, identity, performance marketing, content, lifecycle and growth services as detailed in a signed Statement of Work (SOW). The SOW is the binding scope; this document is the supporting frame.

3. Engagement & payment

• Engagements begin only after a signed SOW and the agreed deposit.
• Sprints: 50% on kick-off, 50% on delivery. Retainers: monthly in advance.
• Invoices are due net-15. Late invoices accrue 1.5% interest monthly.
• All fees are quoted in USD unless otherwise stated.

4. Scope changes

Out-of-scope requests are estimated separately and billed at $250/hr or as a fixed change order, at your option. We won't proceed without your written approval.

5. Intellectual property

On final payment, we assign to you all rights in the final deliverables, except for: (a) our pre-existing tools, frameworks and components, which you receive a perpetual, non-exclusive license to use within the delivered work; (b) third-party assets, which are licensed under their respective terms. We retain the right to display the work in our portfolio unless contractually restricted.

6. Media spend

Paid media budgets are billed directly to you by the platform (Meta, Google, TikTok, LinkedIn). We do not mark up or hold media spend. Reporting reflects the platform's data.

7. Confidentiality

Each party will treat non-public information shared during the engagement as confidential and use it only for purposes of the engagement. NDAs may be signed on request.

8. Warranties

We warrant our work will be performed in a professional manner consistent with industry standards. We will fix defects in our deliverables for 30 days after final delivery at no cost. After 30 days, fixes are billed at our standard rates.

9. Limitation of liability

To the maximum extent permitted by law, our total liability under any engagement is capped at the fees paid by you during the 12 months preceding the claim. We are not liable for indirect, consequential or incidental damages, including lost revenue or campaign performance below targets.

10. Termination

Either party may terminate with 30 days written notice. You pay for work completed through the termination date. Pre-paid amounts for incomplete work are refunded pro-rata. Either party may terminate immediately for material breach uncured after 14 days.

11. Independent contractor

We are independent contractors. Nothing in these Terms creates an employer-employee, partnership or joint-venture relationship.

12. Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles. Disputes will be resolved by binding arbitration in Wilmington, DE, except either party may seek injunctive relief in court.

13. Changes

We may revise these Terms occasionally. The version in effect on the date of your SOW signature governs your engagement.

14. Contact

Questions about these Terms? Email legal@marketbrands.co.

This document is informational and does not constitute legal advice. Consult your attorney before relying on it for compliance.