Term and Policies

Overview

This website is owned and operated by Mark Brand Boutique, LLC. Throughout the site and all our correspondences, the terms “we”, “us” and “our” refer to Mark Brand Boutique, LLC. The terms “you” “your” refer to the visitor accessing the site.

By accessing or using any part of our site, you agree to be bound by these Terms of Service and accept all terms, conditions, policies, and notices stated here.

If you do not agree to all the terms and conditions listed on this page, then you may not access the website or use any of our services.

Violation of Terms:

Violation of any of the Terms listed here will result in an immediate termination of your access to our site and/or services.

Term and Policy Updates:

We reserve the right to update, change or replace any part of these Terms of Service at any time.

It is your responsibility to check this page for any updates or changes to the terms or policies.

Questions:

Any questions about these terms or policies can be sent to hello@markbrandboutique.com

Support Policy

We strive to provide helpful support that will enable you to grow your brand and business. Because we are a small-scale company we are not able to provide all clients with one-on-one technical support. However, we have a support policy in place to meet your support needs.

Included tutorial & instructions:

Every item available for sale in our shop includes a detailed tutorial for editing and managing the purchased file. All clients must review the tutorial and instructions prior to requesting technical support or submitting a support ticket.

Requesting support:

After completing the full online tutorial, if your question still has not been answered you may submit a support ticket.

We will be able to assist you with:

  • General Bugs & Fixes
  • Questions related to the design or template features or settings

We will NOT be able to assist you with:

  • Customization or modifications beyond what is instructed in the tutorials
  • ProPhoto questions unrelated to the design specifically
  • Photoshop questions unrelated to the design specifically
  • WordPress questions unrelated to the design specifically
  • Canva questions unrelated to the design specifically
  • Hosting, server or any website questions unrelated to the design specifically
  • Any issues related to user modification or custom CSS

Software requirements:

You must be operating your website and/or Photoshop on the most current software version to receive support. We only manage our products for the most current software version, so we do not provide support for outdated websites or clients using outdated Photoshop version. 

Experience & basic knowledge required:

Please note, the items available for sale in the shop are intended as DIY projects, not finished products. All templates require a basic understanding of the software and platforms involved. We highly recommend you understand how to use the software involved before purchasing the template.

Custom & Restyle Project Support:

Clients with custom or restyle projects will receive direct, priority support during their project up until 5 business days post project launch.  After five days, every project is “archived” and the client must submit a support ticket. All support tickets are answered first come first serve. The support form must be used. Any inquiries sent via email or social channels are not logged and will not be responded to.

 

Refund Policy

Due to the nature of our digital products, under any circumstances, refunds are not given. All sales are final and non-refundable.

Restyle Hire Terms

By purchasing a restyle package you agree to the following terms outlined below.

Requirements:

Clients must secure the following items before a restyle project may begin.

  • WordPress hosting
  • Domain (URL) and any related SSL Certificates
  • WordPress Installation (up to date to most current version) with admin credentials
  • Any additional software required by the website theme (i.e. ProPhoto or Divi)
  • Photoshop for brand kit files (must have most current software version installed to receive support)

Client Responsibilities:

You agree to provide us with everything that we need to complete the project including text, images and other information as and when we ask for it, and in the format that we ask for.

You will supply us with photographs to fill all content areas on the website and marketing materials. Any time we spend searching for appropriate photographs will be charged at $30 per hour.

You are responsible for the text copy of your site for all web pages. We’re not responsible for writing or inputting any text copy unless you have purchased the copywriting package.

If you have purchased a copywriting package, it is your responsibility to fill out the required writing worksheets that will supply us with the information needed to perform the writing services.

Your website is valuable, please take the time to back up your own website as we do not maintain website “backups” of any kind. It is your sole responsibility to create and manage website backups of all website content, files, and databases. Please contact your website host for assistance with securing a backup.

It is your responsibility to have all digital templates formatted properly for professional printing. We are not financially responsible for any costs incurred to print your branding materials. We are not responsible for any special formatting required by your print company.

Collection Set Selections:

The restyle package includes one brand collection set of the clients choosing selected at time of purchase. Brand collections include the website design, brand kit templates, and logo template. Once the purchase is made, no refunds or exchanges will be given for the collection set or its included files.

If you change your mind after purchasing the restyle package, you must purchase another collection set separately for the listed retail price. No discounts will be given.

Restyle Services Included:

The restyle package includes the “restyling” of five web pages based on one of our premade templates from the shop. “Restyle” is defined as the followings:

  • Changing of HEX color codes of website and brand kit
  • Changing theme font styles website and brand kit
  • Changing of images of the website only. Brand kits are intended as templates, thus the client will be responsible for changing out all images on brand kit template files.
  • Altering text portion of graphics on the website only
  • Changing the text portion of the logo template.

Services that are not included in the “restyle” are the following:

  • Changing any layouts related to blocks, rows or columns
  • Altering the foundational styles of the design. We reserve the right to refuse any request that interferes with the “foundational styles” of the design and possess sole discretion to determine and define what is “foundational” at any time.

You may choose to have additional pages restyled for an additional cost of $350 per page.

Other Services Included:

In addition to the restyle services, we will also assist with the basic setup and activation of your theme.

Included install and setup services:

  • Upload and activation of ProPhoto design theme zip file (must already have PP7 installed on your WordPress site)
  • Upload of client provided text and images
  • Linking of menus and buttons

Other services not included:

  • Instagram or social media profile setup
  • Any SEO setup or codes
  • Any services related to third-party plugins
  • Any website migration for old site content or data
  • Contact form configuration
  • Any services related to server hosting, domain, SSL certificates, or WordPress.org

Revisions:

This project includes two rounds of revisions for each deliverable. Each deliverable is considered “final” if any of the following conditions are met:

  • Verbal or written confirmation from the client prior to 2 rounds of revisions
  • Automatically after 2 rounds of revisions

If you’re not happy with the deliverable after two revision, you can continue to commission us to make further revisions at an hourly rate of $60 per hour.

If you want to make any adjustments after the deliverable is considered “final,” you will be charged an additional hourly rate of $60 per hour to achieve the added scope of the project.

The additional hourly work will be tracked and managed in a separate document and timesheet from this project.

Errors:

We do not guarantee that the functions contained in any web page, templates or in a completed website will be error-free and are not liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.

Copyrights:

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

All designs are copyrighted by Mark Brand Boutique, LLC. Mark Brand Boutique owns the property rights of all designs, graphics, Photoshop file included in the design. As such, every website design includes a design credit for this copyright in the bottom footer.

You may not resell, redistribute or use any product in any way other than for your personal business use. Nor may you claim any of our designs as your original work.

You own text content, photographs and other data you provided unless someone else owns them. We own the XHTML markup, CSS, and other code and we license it to you for use on only this project.

You do have the right to use your final logo and designs anywhere and on any platform you wish.

Limitation of Liability:

You agree that you will not hold us, Mark Brand Boutique LLC, responsible for any incidental or monetary damages that arise from the failure to perform any aspect of this project or the amount paid for this job.

Also, Mark Brand Boutique LLC will not be held accountable for any liability caused by your use of my design to infringe on the rights of others.

Cancelations:

Mark Brand Boutique, LLC reserves the right to cancel or refuse any restyle project at any time. If your project is canceled or refused you will be refunded the value of the unused service only. You are financially responsible for all labor costs incurred up to the point of cancellation. The rate will be set at $30/hour. Hours are calculated on employee managed timesheets. The value of the digital products is non-refundable as stated in the refund policy.

Custom Hire Terms

By purchasing a custom package you agree to the following terms outlined below.

Requirements:

Clients must secure the following items before a custom project may begin.

  • WordPress hosting
  • Domain (URL) and any related SSL Certificates
  • WordPress Installation (up to date to most current version) with admin credentials
  • Any additional software required by the website theme (i.e. ProPhoto or Divi)
  • Photoshop for brand kit files (must have most current software version installed to receive support)

Client Responsibilities:

You agree to provide us with everything that we need to complete the project including text, images and other information as and when we ask for it, and in the format that we ask for.

You will supply us with photographs to fill all content areas on the website and marketing materials. Any time we spend searching for appropriate photographs will be charged at $30 per hour.

You are responsible for the text copy of your site for all web pages. We’re not responsible for writing or inputting any text copy unless you have purchased a copywriting package.

Your website is valuable, please take the time to backup your own website as we do not maintain website “backups” of any kind. It is your sole responsibility to create and manage website backups of all website content, files, and databases. Please contact your website host for assistance with securing a backup.

It is your responsibility to have all digital templates formatted properly for professional printing. We are not financially responsible for any costs incurred to print your branding materials. We are not responsible for any special formatting required by your print company.

Revisions:

This project includes two rounds of revisions for each deliverable. Each deliverable is considered “final” if any of the following conditions are met:

  • Verbal or written confirmation from the client prior to 2 rounds of revisions
  • Automatically after 2 rounds of revisions

If you’re not happy with the deliverable after two revision, you can continue to commission us to make further revisions at an hourly rate of $60 per hour.

If you want to make any adjustments after the deliverable is considered “final,” you will be charged an additional hourly rate of $60 per hour to achieve the added scope of the project.

The additional hourly work will be tracked and managed in a separate document and timesheet from this project.

Deliverables:

The custom package includes a 5-page website design, 6 brand kit templates (template type chosen by the client), and logo set (primary logo, secondary logo, and submark logo).

All deliverables are provided digitally in a downloadable zip. Once all payments owed have been paid in full, we will provide you a link to access and download all deliverable files. The deliverables to be provided include the following:

Deliverable Note Format
Logo Design Primary, secondary and submark
Mood Board Includes one-page design with brand colors, logo styles, and typography options. PDF download
Business Card Design Includes one file with front and back designs. Template can be edited to create business card for more employees. Photoshop template file download**
Instagram Template Includes 1000 x 1000 pixel template for Instagram. Template can be edited to add new content.*** Photoshop template file download**
Facebook Post Template Includes 1000 x 500 pixel template for Instagram. Template can be edited to add new content.*** Photoshop template file download**
Facebook Header Image Includes 828 x 315 pixel template for Instagram. Template can be edited to add new content.*** Photoshop template file download**
Instagram Story Template Includes 1002 x 735 pixel template for Pinterest posts. Templates can be edited to add new content.*** Photoshop template file download**
One Custom Publication Template Total pages must not exceed three pages. Photoshop template file download**
Brand Style Guide Includes detailed style guide that outlines how to use your logo, colors, and brand elements. Photoshop template file download**

**File type is based on customer’s preference
***You are responsible for edited and adding content to the templates. We, Mark Brand Boutique LLC are only responsible for designing the original editable template.

Deliverables for all copywriting or copy editing services are based on the package selected at purchase. 

 Other Services Included:

In addition to the custom services, we will also assist with the basic setup and activation of your theme.

Included install and setup services:

  • Upload and activation of ProPhoto design theme zip file (must already have PP7 installed on your WordPress site)
  • Upload of client provided text and images
  • Linking of menus and buttons

Other services not included:

  • Instagram or social media profile setup
  • Any SEO setup or codes
  • Any services related to third-party plugins
  • Any website migration for old site content or data
  • Contact form configuration
  • Any services related to server hosting, domain, SSL certificates, or WordPress.org

Errors:

We do not guarantee that the functions contained in any web page, templates or in a completed website will be error-free and are not liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.

Copyrights:

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them safely as we are not required to keep them or provide any native source files that we used in making them.

You own text content, photographs and other data you provided unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.

You do not have the right to change major elements of the final design after approval. This includes color, typography, and layout, all of which will be stated in your brand style guide. You do have the right to use your final logo and designs anywhere and on any platform you wish.

We reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.

Limitation of Liability:

You agree that you will not hold us, Mark Brand Boutique LLC, responsible for any incidental or monetary damages that arise from the failure to perform any aspect of this project or the amount paid for this job.

Also, Mark Brand Boutique LLC will not be held accountable for any liability caused by your use of my design to infringe on the rights of others.

Cancelations:

Mark Brand Boutique, LLC reserves the right to cancel or refuse any restyle project at any time. If your project is canceled or refused you will be refunded the value of the unused service only. You are financially responsible for all labor costs incurred up to the point of cancellation. The rate will be set at $30/hour. Hours are calculated on employee managed timesheets. The value of the digital products is non-refundable as stated in the refund policy.

Copyright Policy

By purchasing any of our products you agree to the following terms:

All designs are copyrighted by Mark Brand Boutique, LLC. Mark Brand Boutique owns the property rights of all designs, graphics, Photoshop file included in the design. As such, every website design includes a design credit for this copyright in the bottom footer.

You may not resell, redistribute or use any product in any way other than for your personal business use. Nor may you claim any of our designs as your original work.

All photographs used in the templates and theme demos may not be used in the final design.

General Terms

Information Accuracy:

We are not responsible if information on this site is in any way outdated or inaccurate. All information, services, and resources provided by us are general information sources only.

Use at your own risk:

Usage to our site, resources, and any information provided by us is to be used at your own sole risk and discretion.

We are not liable to you or to any third-party for any harm or damages related to the purchase or use of any of our services, products, or information.

Third-Party Links:

The material on our site or resources may include links to third-party services. Usage of any third-party service referenced on our site is to be used at your own sole risk and discretion.

We are not liable to you or to any third-party for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Quality or Errors:

We do not guarantee, represent or warrant that the quality of any products, services, or information purchased or obtained by you will meet your expectations.

We do not guarantee, represent or warrant that any of our services, information or products are free from error, inaccuracies or omissions.

We reserve the right but are not obligated, to correct any errors or inaccuracies on our site, products, or resources at any time without prior notice.

 

Refusal of service:

We reserve the right to refuse service to anyone for any reason at any time.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

Shop Terms

Changes to products or services:

Prices of services and products offered by us are subject to change at any time without notice.

We reserve the right at any time to modify or discontinue the Service or products without notice at any time.

We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Accuracy of products & designs:

We do not guarantee your computer monitor’s display of any color or will be accurate. As such, we do not offer any refunds or assistance with monitor display.

 

Disclosures

Affiliate links:

Some of the links in this site are ‘affiliate links.’ This means if you click on the link and purchase the item, Mark Brand Boutique will receive an affiliate commission.

Please see our general terms regarding the terms and policies for third-party links and information.

Visitor Responsibilities

True and accurate information:

You agree to provide true, current, complete and accurate account information. You may not use false identities, e-mails or any type of falsified information on our site.

Visitor Comments:

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You agree that your comments will not contain libelous, unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you, other visitors, or any third-party.

 Prohibited Usages:

You are prohibited from using our site, resources or any content for any unlawful purposes.

We reserve the right to terminate your use of our services, website, or content for violating any prohibited uses.

Private Policy

Your Personal Information:

Your personal data you provide in your accounts will be used to support your experience throughout this website, process your enrollment, process your shop purchases, and manage access to your account.

We do not store your payment information on our website. All personal data related to payments are managed through PayPal and the PayPal Gateway only.

Emails and Notifications:

We do not share your account email or any account information with any third parties.

If you have agreed to signup for email notices, you will be added to our newsletter mailing list. This list is strictly managed and we will never spam you.

If you are enrolled in any course with our site you may receive course-related notifications to guide you through the process and enhance your experience.

Use of cookies:

This site uses cookies to help remember user preferences and improve the user experience of returning visitors. We do not use cookies to check your browsing history on other sites. You may delete your cookies inside your browser at any time.

We may use cookies for the following reasons:

  • Deliver content quicker to you through browser cache to speed up load times
  • The displaying of internally generated and managed pop-up ads
  • Keep users logged in to shop and course accounts for quicker site access
  • Track course progress for the users enhanced usability
  • Measuring the performance of our site in terms of volume and type of visitor to improve the content type on our site
  • Measuring the type of device used by users to improve the delivery of our content
  • Measuring the when users visit, the duration of the visit, and of what pages were visited to improve the user experience of our site
  • Social media cookies placed by the social media websites themselves.

Data Breaches:

If your account information experiences a data breach and our company is made aware of the data breach, we will notify you through the email address on file in the user account profile.

It is your responsibility to keep your password safe and secure. If you suspect your password has been compromised you must change your password immediately by visiting your account dashboard. 

Requesting or Changing Account Information:

You may review, edit or change your account information in our system at any time by visiting https://markbrandboutique.com/my-account/edit-account/

Unsubscribe to mailing lists:

If you want to unsubscribe from any mailing list, please submit your request to hello@markbrandboutique.com

Deleting account profiles:

If you want to delete your account permanently, please send your request along with proof of account ownership to hello@markbrandboutique.com

We reserve the right to deactivate or delete any account at any time. 

 

General Inquiry

Hey there, we are excited you have found our little home on the interweb. If you have any general questions or comments or you just want to say hi, feel free to use the contact form to connect with us.

We will respond as soon as possible via email. In the meantime, be sure to follow us on our social channels. Thanks again for reaching out!

6 + 6 =

15% off your next shop purchase

Join our community of brand enthusiast to get the latest discounts and shop updates.

Awesome, check your email to confirm you want the discount.