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Terms of Service
CUTOFF HOURS
Instructions received by us on a weekend, holiday or after our cutoff hour on a business day may be treated and acted upon by us as if received on the next business day.
ELECTRONIC COMMUNICATIONS
To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your information in your account with Square. We will attempt to communicate with you using only the most recent contact information you have provided to us. You agree that any Communicaton sent to you at an address contained in our records shall be effective unless we have received notice of an address change from you. You should print and save and/or electronically store a copy of all Communications that we send to you electronically. We accept no responsibility for any email messages you do not receive, or for any delay in the receipt or delivery of any email notifications. If you make your email account available to any other individual, you agree that you are responsible for the release of any of your account information to such individual.
CHANGES TO COMMUNICATIONS
We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating the terms of service page on the Website or delivering notice of such termination or change electronically.
ALERTS
When using the App to communicate with us, you must provide a valid mobile device number or text message address in the App and verify such number or text message address as instructed by us. To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.
If you provide your mobile phone number, other text message address or download the App to a mobile device, we will send you important transactional notices to the mobile number, text message address or to the notification center in the App. Third-party data and message fees may apply.
VIDEO & TELEPHONE MONITORING/RECORDING
You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.
DEATH OR INCAPACITY
If we have a reasonable belief that Account Owner has died or has become legally incompetent, we may place a hold on the Account and refuse to provide services or permit activity until we know and have verified the identity of any successor. We will require proof of death or adjudication of incompetence (e.g., certified copy of court order, death certificate, or official record). Until we receive notice and any required proof of death or incompetence, we may act as if Account Owner is alive and competent. In the event we receive written notice from a personal representative, executor, administrator, conservator, or guardian purporting to represent you or your estate, we shall be entitled to rely on all information supplied and representations made in such written notice to the full extent permitted by applicable law.
AMENDMENT
Subject to applicable law, we may add to, delete, or amend this Agreement at any time in our sole discretion without providing notice to you. We reserve the right, subject to applicable law, to deliver any notice of changes to existing terms or the addition of new terms to you by posting an updated version of this Agreement on the Website or delivering notice of changes electronically. By continuing to use your account, you agree to be bound by the updated terms.
Design Project Terms updated July 20, 2022
Timeframe and Delivery
Agency working days are Monday through Friday, 9am – 6pm Eastern Standard Time.
Pierre Branding Group makes all reasonable efforts to provide concepts and revisions to the Client within the timeframes agreed upon in initial consultations. If we are experiencing higher work volumes, your design will be scheduled for the soonest available design time slot, and you will be notified at the earliest possible time.
Pierre Branding Group will send the design files for Client review. The Client will provide feedback on the draft design.
Pierre Branding Group will review feedback and update the design as needed. Pierre Branding Group will continue the revision process within the specified terms to the Client’s satisfaction. Revisions will be submitted to the Client within the specified timeframe where possible.
Once the Client has approved the design, the Client will pay any balance owed to Pierre Branding Group , and Pierre Branding Group will deliver the final file(s).
All requested formats of the approved design will be saved to the Client Portal for the Client to download. Pierre Branding Group will not maintain an archive of Client files, so Clients must download and maintain their files.
Revisions and Author Alterations
Any and all revision requests, updates, corrections, additions or variations MUST be furnished to Pierre Branding Group in writing via email. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing by email.
The Client understands that any and all revision requests, updates, corrections, additions or variations will incur an hourly billable or project charge. Design work is not done free of charge unless otherwise arranged with Pierre Branding Group explicitly and clearly in writing.
Unless otherwise agreed, Pierre Branding Group will complete ONE large revision stage, and TWO minor revision stages. Revision requests are to be made within 48 hours (TWO days) of receiving the proofs. If no revisions are requested within this time, it is assumed that the submitted proof is the accepted final. Any revisions made after this point are subject to additional fees at the hourly rate.
The total project quote or rate provided by Pierre Branding Group is based on a reasonable average or specified number of revisions per design item, and associated number of billable hours. On the occasion the Client requests drafts or revisions that go beyond the scope of the original quote or rate, Pierre Branding Group reserves the right to charge an additional hourly rate upon informing the Client that the request will incur an additional cost.
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that PBG holds no responsibility for any amendments made by any third party, before or after a design is published.
Copyright / Trademarks
Pierre Branding Group creates bespoke designs, and makes every possible effort to ensure designs are original and clearly, legally distinct. If a design unintentionally infringes on existing trademarks, Pierre Branding Group’s liability is limited to free revision of the design to make it legally distinct, or the provision of a paid new design, as negotiated with the Client.
The Client unconditionally guarantees that any design element – text or graphic – provided to Pierre Branding Group for inclusion in the design does not violate any copyright or trademark laws. Pierre Branding Group will not be held responsible for any legal action that may result from improper due diligence on the availability of a name, phrase or image. The Client will hold harmless and protect Pierre Branding Group from any claim arising from the use of content furnished by the Client.
Pierre Branding Group retains the right to display designs in portfolios and on our website, unless exclusion is explicitly requested and agreed upon in writing with the Client.
All work is carried out by PBG on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by PBG on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of PBG, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, PBG will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the PBG website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to PBG.
Alternatively, the client may source their own graphic design team and as part of your Brand Management agreement, PBG will happily oversee and assist the graphic designers of your choosing with the cultivation of your branding materials. Simply reply to the estimate or quotation with an email acknowledging to do so which binds the client to accept our terms and conditions.
For the avoidance of doubt, the PBG Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
Charges for design services to be provided by PBG will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Source Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Design Project Duration
Any indication given by PBG of a design project’s duration is to be considered by the customer to be an estimation. PBG cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by PBG for the initial payment or by date confirmed in writing by PBG.
Design Project Completion
PBG considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Account Holds
ACCOUNT HOLD REQUEST (Action Required)
We understand things come up and we’d like to do what we can to help. You have the option to put your automatically recurring monthly or paid in full account on hold for any reason.
Assuming that THIS IS NOT A TERMINATION REQUEST, you may put your account on hold in 30-60 day increments. Account Hold requests are limited to one time per calendar year.
During this temporary hold, all activities and operations associated with your account will also be temporarily discontinued. This may include but not be limited to: meetings, strategy sessions, business development follow ups, social media postings and the like.
The email address and password to the client portal on a temporarily deactivated account will be available for use up to 60 days after the account has been on hold. Within those 60 days, the information remains tied to the account to allow for reactivation.
You can place an account hold request via email by selecting the "Request Hold" button above. As mentioned, any hold request must be submitted at least five business days in advance of the next due payment noting the first day you want your account placed on hold. Tip: For quicker service, try calling the local phone number of the account manages that handles your account
REACTIVATION (ACTION REQUIRED)
Once you are ready to reactivate your account, the account owner must contact us to reactivate it.
After 60 days of inactivity, the account will be considered terminated and should you choose to reactivate your account, rates in effect at the time of reactivation will be applicable (marketing and branding rates are subject to change). When you reactivate, you can choose from currently available programs and add-ons.
Please note that this temporary hold will not relieve the Client, of its obligations to pay for any Services that have already been performed and/or executed. If a client fails to bring their account current within the 60 days, the account will be recategorized as a nonpayment suspension and they will be ineligible for expansion, extension, or reactivation for that account.
Restore service after a nonpayment suspension
Non-payment suspensions
Account suspended for non-payment? Contact us to make a payment and restore your service.
Important details
- Monthly program fees continue even while service is suspended.
- Your next bill will contain a service reconnection or restoral fee.
- Multiple suspensions for nonpayment may delay your ability to upgrade with our best pricing.
Payment Terms
Client shall pay PBG in accordance with the services PBG provides. Management and Consulting Fees shall be billed in advance and shall be deemed earned once services have been rendered (unless payment associated with these services are included in the initial deposit which is non-refundable). Client shall pay PBG 50% (fifty percent) of PBG’S initial quote for services as a retainer for PBG’s services with the 2nd 50% (fifty percent) being due prior to rendering services for the remaining hours. For projects with multiple phases the same payment terms will apply to each phase. This means that phase one (1) would require a deposit and balance as would phase two (2) and so on. Pierre Branding Group will invoice Client at the time of the signed contract agreement which will act as the deposit. The remaining balances will be billed at the middle of each phase. Any balances are due upon receipt.
You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project. Every invoice after that will have 14 day payment terms. In the event payment is not made within 14 days, Pierre Branding Group will charge a late payment fee of 1% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs PBG pays for carrying overdue invoices from Client. In addition, PBG reserves the right to stop work until payment is received.
Payment for Services Rendered
We deliver a branding strategy, advice and guidance.
Once services have commenced, You’ll have two or more weekly opportunities to review our work and provide feedback. If, at any stage during the working relationship, you’re not able to continue and keep the project moving forward with the branding program and/or strategy for any reason, you will pay us in full for everything we’ve produced up to that that point and then cancel this contract.
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
Cancellation of Plans
You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
PAYMENT FOR NON-CANCELABLE MATERIALS
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the Client, that any such materials and services, are non cancelable.
CANCELLATION AND SUSPENSION
To the extent permitted by applicable law, we may cancel or suspend your use of services, the PBG Lifestyle Membership Account, or this Agreement immediately, for any reason, and without giving you prior notice. You may cancel the Account or this Agreement at any time by notifying Customer Service at 678-590-0973. Cancellation or suspension of this Agreement will not affect any of our rights or your obligations arising under this Agreement before such cancellation or suspension occurred. In the event the Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records.
PBG CLIENT SELECTION PROCESS
About our client and engagement selection process
We want to give each of you the time and guidance you deserve. That's also why when it comes to client selection, we’re choosy.
Candidates for PBG Membership are exclusively nominated and referred by existing PBG Members, Friends and Family. Nominations are initiated, written and completed by the member who acts as the proposer by completing an online nomination form for the proposed candidate. The initiative to nominate a candidate for PBG Membership was put in place because we want to give each of you the time and guidance you deserve.
As we seek to create and foster a positive, productive and safe environment in our company culture, we are committed to the values on which our firm was founded. This includes having a formal process in place for the acceptance and continuation of clients. For this reason, we regularly evaluate and update our customer journey, including the client selection process, determining which clients we serve and in what industries, ensuring we systematically identify and manage risk before committing to a client or a project.
In addition, not accepting a potential new client will often be based on current workload, location and competition. Selecting the “right” client at the outset is essential to the firm’s success, as well as for staff satisfaction and retention.
Under our Client Service Policy, our firm must affirmatively approve service to new clients. Such approval is based on the results of client diligence performed by a mix of internal staff and outside experts. Criteria for selecting new clients can include being in business for a period of time (e.g. 3 years), owner-managers that are open to advice and pleasant to deal with and a clear opportunity for the firm to add value to the business via forward looking services.
Our process ensures that we take a consistent, holistic approach to evaluating the clients we serve and the likely impact of our work to determine if it meets the high expectations and ethical standards held by our colleagues, clients and other external stakeholders. Among other criteria, it requires us to consider the unintended consequences of any proposed work, including potential negative impact to individuals, partners, colleagues, and affiliates.
Our Client Service Policy also includes bright-line rules for work we will not perform. For example, we will not take on High-risk projects which are projects that are highly visible, have a sweeping impact inside and outside the organization and pose significant threats to the project team's ability to deliver.
As project managers and consultants, we utilize tools & methods for identifying, analyzing and monitoring project risk. These tools generally involve conducting a feasibility study, anchored in the principles of project risk management and is highly effective in managing stakeholder expectations, developing early warning systems and setting contingency budgets and plans. To mitigate risk, we often rely on traditional project control methods, contingency planning and risk transference. For the majority of our projects, these proven methods instill the vision, confidence and courage to deliver. This framework is embedded in the way we assess risk for all our client work. It applies globally, across all sectors, whether work is formal or informal, paid or unpaid.
We also have policies and guidelines in place for specific areas of our client work; for example, an enhanced set of rules govern our work for public, social, and state-linked sector (PSSS) clients. These rules ensure that our work for PSSS clients is rigorously risk reviewed, with consideration to such matters as the impact and value for money of our work and our contracting arrangements.
