These Terms and Conditions (“Agreement”) govern the provision of brand identity services by OneBrand (“Company”) to the [Name] (“Client”). By engaging the Company’s services, the Client agrees to be bound by the following terms:
1. Brand Name Resemblance
The Company endeavours to create unique brand identities; however, it cannot guarantee that the names created or suggested by the Company do not resemble other dental brand names in the UK or globally. The Client bears the responsibility to conduct thorough research and due diligence before finalising and adopting any brand name.
2. Visual Resemblance
While the Company strives to produce original designs, it acknowledges that similarities with existing brand identities, including those with striking resemblance, may inadvertently occur. The Client is responsible for thoroughly reviewing the design to ensure satisfaction and originality before proceeding. The Company recommends that the Client seeks independent advice if concerned about potential similarities.
3. Trademark Acceptance
The Company does not guarantee that any brand names, including those created under the OneBrand identity or otherwise, will be accepted for trademark registration. The Client is advised to seek independent legal advice if they intend to apply for a trademark for any brand names or identities provided by the Company.
4. Domain Name Rights
All rights to any domain names associated with the brand identities created by the Company are assigned to the Client upon completion of the project. The Client is solely responsible for ensuring the renewal and maintenance of these domain names with the registrar. The Company holds no responsibility for the management or upkeep of domain names once transferred to the Client.
5. Design Rights
Upon full payment, all design rights related to the brand identities created by the Company are assigned to the Client. However, the Company retains the right to showcase these designs in its portfolio and promotional materials unless otherwise agreed in writing by both parties.
6. Intellectual Property
The Client warrants that any materials provided to the Company for inclusion in the brand identity do not infringe the intellectual property rights of any third party. The Client agrees to indemnify and hold the Company harmless against any claims, damages, or expenses arising from such infringement.
7. Success of Brand Identities
The Company makes no representations or guarantees that any OneBrand or custom brand identity will lead to success for the Client. The effectiveness of the brand identity depends on various factors beyond the Company’s control, including but not limited to the Client’s use of the brand, market conditions, and external business factors.
8. Project Timelines
The Company will make all reasonable efforts to meet agreed project timelines. However, it is not responsible for delays caused by circumstances beyond its control, including but not limited to delays in Client feedback or approval, changes in project scope, or third-party actions.
9. Payment Terms
Full payment is required upon the completion of the project and prior to the transfer of design rights to the Client. Any additional work requested beyond the agreed project scope will be subject to additional fees, which will be discussed and agreed upon in advance.
10. Governing Law
This Agreement is governed by the laws of England and Wales. Any disputes arising from or related to this Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales. Acceptance By engaging the Company’s services, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions or that the errors in the software can be corrected promptly
