Last Updated: October 15, 2026
These Terms and Conditions govern access to Brandivs.com and the use of services offered by Brandivs.
By accessing our website, submitting a request, purchasing services, approving a proposal, entering into a service agreement, or otherwise engaging Brandivs, you agree to these Terms and Conditions to the extent applicable to your relationship with Brandivs.
1. About Brandivs
Brandivs provides digital marketing and digital business services that may include:
- search engine optimization
- search and AI visibility services
- social media marketing and management
- paid advertising
- website design and development
- Shopify and ecommerce development
- graphic design and creative services
- content creation
- email marketing
- funnel development
- CRM and marketing automation
- consulting
- strategy
related digital services.
Specific services provided to a client will be defined in an applicable proposal, quotation, invoice, order, statement of work, service agreement, or other written communication.
2. Acceptance of Terms
By using Brandivs.com or purchasing or requesting Brandivs services, you confirm that:
- you have read these Terms
- you agree to comply with them
- you are legally capable of entering into a binding agreement
if acting on behalf of a company, you have authority to bind that company.
If you do not agree with these Terms, you should not use our services.
3. Proposals, Statements of Work, and Service Agreements
Specific client engagements may be governed by a separate:
- proposal
- statement of work
- invoice
- service agreement
- subscription agreement
- project brief
- written quotation
approved email or communication.
If a specific written agreement conflicts with these general Terms, the specific written agreement will control with respect to that engagement.
4. Scope of Services
Brandivs will provide services reasonably consistent with the agreed scope of work.
Anything outside the agreed scope may require:
- a revised quotation
- additional fees
- additional time
- a new statement of work
written client approval.
Brandivs is not obligated to perform work that was not included in the agreed scope.
5. Client Responsibilities
Clients agree to provide Brandivs with timely and accurate information reasonably required to perform the services.
This may include:
- brand materials
- business information
- product or service information
- website access
- hosting access
- domain access
- advertising account access
- social media access
- CRM access
- analytics access
- creative assets
- content
- legal disclosures
- approvals
- feedback
- payment information
- other reasonably required materials
Clients are responsible for ensuring that information and materials supplied to Brandivs are accurate and that the client has the legal right to use them.
6. Client Content and Legal Compliance
The client is responsible for the legality, accuracy, and substantiation of claims relating to the client’s business, products, services, promotions, pricing, guarantees, testimonials, licenses, certifications, and regulated activities.
Brandivs may recommend changes but is not the client’s legal adviser.
The client is responsible for ensuring that its business, offers, products, services, and advertising comply with laws and regulations applicable to the client.
Brandivs may refuse or discontinue work that we reasonably believe is illegal, deceptive, fraudulent, abusive, infringing, or inconsistent with applicable platform policies.
7. Account Access and Credentials
Clients may provide Brandivs access to websites, advertising accounts, social media accounts, analytics platforms, CRMs, hosting accounts, ecommerce platforms, or other systems.
Clients authorize Brandivs to use such access only as reasonably necessary to provide the agreed services.
Clients remain responsible for:
- maintaining ownership or appropriate control of their accounts
- maintaining appropriate security
- removing access when services end where appropriate
ensuring they are authorized to grant Brandivs access.
Brandivs will use reasonable care in handling access credentials.
8. Fees and Payment
Service fees are established in the applicable proposal, invoice, statement of work, subscription, or other written agreement.
Unless otherwise stated:
- payments are due according to the invoice or agreed payment schedule
- Brandivs may require deposits or advance payment
- Brandivs may suspend services for overdue amounts after reasonable notice
- third-party charges are separate from Brandivs service fees unless specifically included
clients are responsible for applicable taxes, duties, banking charges, or transaction fees where required.
Work may not begin until required initial payments have been received.
9. Recurring Services
Some Brandivs services may be provided on a monthly or other recurring basis.
Recurring services continue according to the applicable service agreement until canceled or terminated in accordance with that agreement.
Cancellation does not automatically entitle the client to a refund for work already completed, resources already committed, third-party expenses already incurred, or an active billing period unless otherwise required by law or expressly agreed in writing.
10. Advertising Spend and Third-Party Costs
Advertising spend paid to platforms such as Google, Meta, LinkedIn, TikTok, or other media platforms is separate from Brandivs management fees unless clearly stated otherwise.
Clients are responsible for approved advertising budgets and third-party expenses.
Brandivs does not control:
- advertising platform pricing
- auction costs
- platform fees
- account suspensions
- policy decisions
- algorithm changes
- media inventory
- third-party billing errors
platform downtime.
Brandivs is not responsible for third-party charges outside our reasonable control.
11. Revisions and Change Requests
The number and type of revisions included in a project may be defined in the applicable proposal or project agreement.
Requests beyond the agreed revision allowance or original project scope may result in additional charges or timeline changes.
A revision does not include a complete redesign, new strategic direction, new functionality, or material scope change unless expressly agreed.
12. Timelines
Project timelines and delivery dates are estimates unless expressly stated as guaranteed in writing.
Timelines may depend on:
- client responsiveness
- receipt of required content
- approvals
- third-party services
- platform reviews
- technical complexity
- scope changes
- unexpected technical conditions
events outside Brandivs’ reasonable control.
Delays caused by missing client information, access, feedback, payment, or approval may extend the delivery timeline.
13. Client Approvals
Clients are responsible for reviewing work submitted for approval.
When a client approves content, creative materials, advertisements, website designs, development work, campaigns, emails, funnels, or other deliverables, Brandivs may rely on that approval.
Changes requested after approval may be treated as additional work.
14. Cancellation and Termination
Cancellation and termination rights may be established in the applicable proposal, service agreement, or subscription terms.
Brandivs may suspend or terminate services where reasonably necessary due to:
- non-payment
- fraudulent activity
- abusive conduct
- illegal requests
- material breach of an agreement
- security concerns
- platform violations
- failure to cooperate
- other circumstances that make continued service unreasonable
Upon termination, amounts owed for completed work, committed work, third-party expenses, or other payable amounts remain due.
15. Refunds
Refund eligibility, if any, will depend on the applicable project, service, proposal, or written agreement.
Unless otherwise expressly agreed or required by applicable law, fees attributable to:
- completed work
- time already spent
- strategy or consultation already delivered
- setup work
- approved milestones
- third-party expenses
- advertising spend
- software purchases
- licenses
- domains
- hosting
- other non-recoverable expenses
are generally non-refundable.
16. Intellectual Property Provided by Clients
Clients retain ownership of intellectual property they owned before working with Brandivs.
Clients grant Brandivs a limited license to use client-provided:
- logos
- trademarks
- photographs
- videos
- content
- product information
- brand materials
- business information
- other assets
as reasonably necessary to perform the contracted services.
The client represents that it has appropriate rights to provide these materials to Brandivs.
17. Brandivs Intellectual Property
Brandivs retains ownership of its pre-existing and reusable:
- processes
- methods
- frameworks
- templates
- know-how
- strategies
- systems
- software
- code libraries
- internal tools
- automation structures
- design systems
- business methodologies
- other pre-existing intellectual property
Providing services to a client does not transfer ownership of Brandivs’ underlying intellectual property unless expressly agreed in writing.
18. Ownership of Final Deliverables
Unless otherwise stated in a written agreement, and subject to full payment of all applicable fees, clients may receive ownership or agreed usage rights in final custom deliverables created specifically for the client.
Third-party materials remain subject to their respective licenses.
These may include:
- stock photography
- fonts
- plugins
- themes
- software
- applications
- templates
- music
- video
- third-party code
- platform assets
licensed intellectual property.
Brandivs cannot transfer greater rights in third-party materials than Brandivs itself possesses.
19. Source Files and Working Files
Raw files, editable files, internal working documents, unused concepts, drafts, source files, internal research, processes, and production materials are not automatically included in final deliverables unless expressly included in the applicable project agreement.
20. Portfolio and Marketing Rights
Unless prohibited by a confidentiality agreement or otherwise agreed in writing, Brandivs may identify a client as a client and display publicly released work for reasonable portfolio and marketing purposes.
This may include:
- client name
- logo
- public website
- public advertising
- public creative work
- public campaign materials
non-confidential project descriptions.
Brandivs will not intentionally disclose confidential business information under this provision.
21. Third-Party Platforms and Services
Brandivs regularly works with independent third-party platforms and services.
These may include:
- Meta
- Shopify
- WordPress
- Klaviyo
- Mailchimp
- HighLevel
- hosting companies
- domain registrars
- payment processors
- social networks
- advertising platforms
- analytics providers
software vendors.
These third parties operate independently and maintain their own terms, policies, systems, fees, and availability.
Brandivs cannot guarantee continued availability, functionality, approval, or performance of any third-party platform.
22. Platform Suspensions and Policy Decisions
Advertising platforms, social networks, search engines, ecommerce platforms, email providers, hosting companies, and other third-party services may suspend, restrict, reject, or terminate accounts, advertisements, content, domains, campaigns, or services.
Brandivs may assist clients in addressing such issues but cannot guarantee reversal of a third-party decision.
23. Search Engine and Advertising Results
Digital marketing performance depends on numerous factors outside Brandivs’ direct control.
Brandivs does not guarantee:
- specific Google rankings
- specific search positions
- specific AI-search visibility
- specific numbers of leads
- sales
- revenue
- return on advertising spend
- conversion rates
- followers
- engagement levels
- traffic
- advertising approval
- account approval
- business growth
specific financial results.
Brandivs will perform agreed services professionally, but historical results, projections, forecasts, examples, estimates, case studies, or strategies are not guarantees of future performance.
24. Search Engine Changes
Search engines and AI platforms may change algorithms, ranking systems, indexing behavior, interfaces, or policies without notice.
SEO and search visibility may fluctuate.
Brandivs is not responsible for ranking changes caused by search engine updates, competitor actions, website changes made outside our control, penalties caused by prior activity, or other external factors.
25. Email Marketing and Deliverability
Where Brandivs provides email marketing services, deliverability may be affected by factors including:
- sender reputation
- domain configuration
- email provider policies
- recipient behavior
- spam filtering
- list quality
- authentication
historical sending practices.
Brandivs cannot guarantee that every email will be delivered, opened, clicked, or converted.
The client is responsible for ensuring that contact lists and marketing activities are lawfully obtained and used.
26. AI, Automation, and Technology Tools
Brandivs may use software, automation systems, artificial intelligence-assisted tools, analytics technology, and other digital tools where appropriate in providing services.
Such technologies may assist with research, analysis, workflow, creative development, automation, optimization, or production.
Brandivs remains responsible for providing the contracted service but does not warrant that any third-party technology will operate without errors or interruptions.
27. Confidentiality
Each party may receive confidential information from the other in connection with a project.
Confidential information should be used only for legitimate purposes related to the engagement and should not be improperly disclosed to unauthorized parties.
Confidentiality obligations may be further defined in a separate agreement or nondisclosure agreement.
Information that is publicly available through no breach of confidentiality is generally not considered confidential.
28. Website Use
Users may use Brandivs.com only for lawful purposes.
Users may not:
- attempt unauthorized access to systems
- introduce malicious code
- interfere with website operation
- scrape the website in violation of applicable law
- impersonate another person
- submit fraudulent information
- use website content unlawfully
infringe Brandivs intellectual property.
29. Website Content
Information published on Brandivs.com is provided for general informational and promotional purposes.
We make reasonable efforts to keep information accurate but do not guarantee that every page, description, price, statistic, service description, or other item will always be complete, current, or error-free.
Specific service terms will be established through applicable agreements.
30. No Professional Legal, Tax, or Financial Advice
Unless specifically agreed otherwise in writing, Brandivs provides marketing, creative, technology, and business-related services.
Information supplied by Brandivs does not constitute legal, tax, accounting, financial, investment, or regulatory advice.
Clients should obtain appropriate professional advice where required.
31. Disclaimer of Warranties
To the maximum extent permitted by applicable law, Brandivs services and website are provided on an “as available” and “as is” basis except for obligations expressly stated in an applicable written agreement.
Brandivs does not warrant uninterrupted operation, error-free service, specific commercial results, or performance of independent third-party systems.
Nothing in these Terms excludes warranties that cannot legally be excluded.
32. Limitation of Liability
To the maximum extent permitted by applicable law, Brandivs will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to the website or services, including lost profits, lost revenue, lost business opportunity, loss of data, or reputational loss.
To the extent permitted by law, Brandivs’ aggregate liability arising from a specific service engagement will not exceed the fees actually paid to Brandivs for the applicable services giving rise to the claim during the six months immediately preceding the event giving rise to liability.
These limitations do not apply where liability cannot legally be limited or excluded.
33. Indemnification
To the extent permitted by law, clients agree to indemnify and hold Brandivs and its personnel harmless from third-party claims, losses, liabilities, damages, costs, or expenses arising from:
- materials supplied by the client
- client products or services
- false or unlawful client claims
- intellectual property infringement caused by client-provided materials
- client violations of applicable law
- client misuse of deliverables
client breach of applicable agreements.
This provision does not require indemnification for Brandivs’ own conduct where prohibited by law.
34. Force Majeure
Brandivs will not be responsible for delays or failure caused by events reasonably outside our control.
These may include:
- natural disasters
- war
- civil unrest
- government action
- internet outages
- hosting failures
- cyberattacks
- labor disruptions
- power outages
- platform outages
- third-party service failures
- public health emergencies
- other extraordinary circumstances
35. Independent Contractor Relationship
Unless expressly stated otherwise, Brandivs operates as an independent contractor.
Nothing in these Terms creates an employment relationship, partnership, franchise, joint venture, fiduciary relationship, or agency relationship between Brandivs and a client.
36. Governing Law
Unless a specific written service agreement provides otherwise, these Terms will be governed by the laws applicable to the jurisdiction in which the Brandivs contracting entity is legally established, without regard to conflict-of-law principles.
Any mandatory rights available under applicable consumer law remain unaffected.
37. Dispute Resolution
Before initiating formal legal proceedings, the parties are encouraged to attempt in good faith to resolve disputes through direct written communication.
Nothing in this section prevents either party from seeking urgent equitable relief where legally appropriate.
Any additional dispute-resolution requirements contained in a signed agreement between Brandivs and the client will control for that engagement.
38. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
39. No Waiver
Failure by Brandivs to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.
40. Assignment
Clients may not transfer their contractual rights or obligations to another party without Brandivs’ prior written consent where consent is legally permitted to be required.
Brandivs may assign its rights or obligations as part of a merger, restructuring, sale, acquisition, or similar business transaction.
41. Changes to These Terms
Brandivs may update these Terms periodically.
The revised Terms will be posted on Brandivs.com with an updated effective date.
Changes will apply prospectively unless applicable law permits otherwise.
Existing signed agreements will continue to be governed by their applicable terms unless amended.
42. Entire Agreement
These Terms, together with any applicable proposal, statement of work, invoice terms, service agreement, privacy policy, or other written agreement, constitute the applicable agreement between Brandivs and the client regarding the relevant subject matter.
43. Electronic Communications
You agree that communications, notices, contracts, approvals, invoices, and related records may be provided electronically where permitted by law.
Electronic acceptance, including approval by email or other agreed electronic method, may constitute valid acceptance where legally enforceable.
44. Contact Information
Questions regarding these Terms and Conditions may be sent to:
Brandivs
Email: support@brandivs.com
Website: Brandivs.com