Brandit is a full-service UI/UX design, branding, and content strategy company that combines top creative talent with a powerful WordPress framework to help you scale your business, publishing process, and digital presence.
A FEW OF OUR NOTABLE CLIENTS
Dear Caroline and the NewLeaf Performance Team,
Thank for your giving us the opportunity to submit a proposal to reimagine your website from the ground up! Based on the information you provided in the RFP, we are confident that we will be able to deliver an effective, interactive website that helps increase your leads and scale your content marketing efforts with our streamlined WordPress framework.
In this proposal we’ve included case studies, bios of our leadership team, our approach, and a detailed description of our process for branding and redesigning NewLeafPerformance.ca in four distinct milestones.
Thank you for your consideration.
Braden Katz, Founder & Creative Director
Our Agile Approach to Website Redesigns
End-to-end, Design, Development, Hosting, & Proactive Support
As an end-to-end WordPress design, development and hosting company, you’ll get hands-on guidance and high-touch support from discovery to launch and beyond. Once your site goes live, our expert team handles all the technical details, freeing you to focus on content and growth.
We Focus on Your Business Objectives
We Use Agile Methodologies
We Only Use Resources You Need
Unlike large agencies, we only deploy the resources you need. No meetings with 15 billable people.
WordPress Wins
WordPress empowers us to build out incredible solutions while empowering your team to easily update content without hiring us or developers.
Executive Team
Braden Katz
Founder & Creative Director
Braden is a senior UX, UI, & Web designer, content strategist and WordPress expert who has worked in a wide range of industries from venture-backed startups in the telemedicine, fintech and cryptocurrency space, to established construction, real estate, architecture firms and Fortune 500 companies. His work has received awards and nominations by well-known design organizations like Awwwards.com, and design patents for its novelty. As creative director and head of product, Braden acts as the creative lead for all projects at Brandit and heads the design and development of the ScaleWP platform.
Scott Shorter
Principal & Chief Web Strategist
Scott has been building websites and leading successful digital initiatives since the earlier days of the web. Before starting his own firm and eventually partnering with Braden on a wide range of enterprise-level projects from large online universities and multinational companies, Scott helped develop one of the earliest online membership and syndication programs for internationally known comic strips that was distributed through The Washington Post, AOL, Yahoo, and USA Today. Scott oversees all ScaleWP and Brandit accounts and projects and helps combine digital marketing strategy with WordPress development.
TaxToken
Why We Chose This Project
This is a strong example of a project in which we provided the full spectrum of services such as branding and logo design, wireframing, content strategy, copywriting, web design, WordPress development, web app UI/UX design and front-end development.
The Opportunity
TaxToken’s founding team had basic MVP and a white paper that described their cryptocurrency accounting and tax filing system. TaxToken was seeking additional funding, but it did not have a website, logo or branding developed, their MVP had an outdated user interface that was quickly thrown together by their CTO, and their users were often bouncing during the accounting and tax filing process.
The Result
We worked directly with the founding team and angel investors to create their branding, website, and content strategy from the ground up. We also led the MVP ideation, design and front-end development of their cryptocurrency accounting and tax filing web application. While working with us to develop their branding, website and accounting platform, TaxToken’s valuation doubled from $10m to $20m. After it was acquired, we also led the rebranding and logo design to BlockSentry.
Plan A Technologies
Why We Chose This Project
Like TaxToken, this project also included full-service, website design, branding positioning and content strategy. It also incorporates some advanced design elements that are possible with our WordPress framework that can be easily edited by your internal team.
The Opportunity
Several years ago, we helped Aron Ezra and Slav Kulik with the branding, content strategy, and design of their first company OfferCraft. After it was acquired by NRT Technology, they reached back out to us to help them create their branding, content strategy, logo design, and website from scratch for their new company. We kicked off the project with several discovery sessions in which we developed multiple brand positions for their new venture.
The Result
After working directly with Aron & Slav, we found an opportunity to position Plan A not only as an enterprise-ready development company, but also as a thought leader in startup space. Once this broad brand positioning was defined, we created a logo, content strategy, and website for the ground up. Since then, their company has closed hundreds of thousands of dollars in new development projects and they are currently growing their team.
Testimonials & References
“
Nathan Nichols, Previously CEO of TaxToken
nathannichols@immersionsystems.io
(434) 249-2648
“We interviewed a lot of different firms when it came time for us to choose a new web developer to assist with our website relaunch. From our first interaction, Brandit was head and shoulders above the competition. We give them our most enthusiastic recomendtation as a partner to work with in the future.”
Aron Ezra
Chairman of the Board, Plan A Technologies
aronmail@gmail.com
(310) 403-3083
Other Recent Projects
LegacyClinical.com
- Branding
- Logo Design
- WordPress Design and Development
- Custom Web Application Design & Development
ImmersionSystems.io
- Branding
- Logo Design
- WordPress Design and Development
- Custom Web Application Design & Development
Post.edu
- Enterprise Hosting on AWS (150k Monthly Visitors)
- CMS to WordPress Migration
- Custom Student Application Form & CRM Integration
SeaboardOverseas.com
- Membership Integration
- WordPress Design and Development
- MailChimp Integration
- Proactive Maintenence & Support
Scalewp.com
- Branding
- Logo Design
- WordPress Design and Development
- Custom Web Application Design & Development
SwerveStrength.com
- Branding
- Logo Design
- WordPress Design and Development
- Event registration integration
First Impressions
Here were some initial thoughts we had about your current website:
- The site has too much long-form copy. In most cases, you only have a few minutes (or even a few seconds) to capture the attention of a perspective client. The current layout and design of the homepage and primary pages of the site rely almost entirely on content and likely produce an overwhelming feeling for visitors who are trying to understand what you do. In addition to a content strategy deliverable that will help you develop a more concise message to describe your company, our proposal also includes stock images and graphics by Adobe Stock to use as an interactive visual aid for your new content.
- The current headline on the homepage does not explain the problems you solve effectively. The current headlines of “Lead. Engage. Act. Fullfill.” are either too broad to be understood out of context, or need visual aid in order to get the point across. This could include a clickable slider that allows visitors to learn more about how you deliver on each of the four terms.
- There is no validation on the homepage. Almost every successful website has sections that validate the company’s or organization’s work. This could be logos of your most recognizable clients, testimonials, or both.
- Create case studies. A lot of the services that you describe seem abstract from our perspective as an outsider. We think that case studies would drive home a more clear understanding of the value that you deliver for clients.
Website Redesign Deliverables & Timeline
Project Overview
NewLeaf Performance (NewLeaf Performance) is seeking to hire Brandit, LLC (Brandit) to redevelop their website as well as provide expert UI/UX design, messaging, and content strategy services. The goal of this project will be to create a modern, interactive website that focuses on building a recognizable design, branding and content strategy that helps NewLeaf Performance’s scale its organizational effectiveness consultancy.
Timing
The site should launch within 60-90 days from the initial discovery meeting. Timing is subject to approvals and content being provided in a timely manner.
Statement of Work and Estimates
Price estimates are based on initial objectives and may change as mutually agreed upon tasks and objectives change. Cost estimates and payment schedules are provided in four milestones.
Total Estimated Cost for Website Design, Branding Refresh & WordPress Development: $10,500
Estimated Cost for Interactive Form (Using Gravity Forms): $1500-3500
Milestone 1: Discovery, Wireframing, Branding, Content Strategy and Scope of Work
25% Deposit ($4625) of Total Project Fee is Due to Start Work
Weeks 1
Brandit and the NewLeaf Performance will schedule at least two initial conference calls that may be followed by additional phone calls and emails to discuss the core strategy and goals of the branding and design project. During the first milestone Brandit will provide the following services:
- Confirm site requirements for branding and design as well as sitemap and functionality.
- Define any plugins or additional development needed to execute on website deliverables such as Google Tag Manager, WPML for bilingual support, CRM integration, contact forms,live chat widgets etc.
- Work closely with NewLeaf Performance to define key user groups that have the largest footprint on the organization’s growth to create up to 4 key user personas.
- Examine and list leading websites and organizations in the space with a discussion of which aspects of these brands are most appealing and effective.
- Use these user personas in combination with our discovery discussion on brand tone, vision and messaging to create a detailed wireframe and content strategy deliverable that includes low-fidelity mockups of all primary website pages for NewLeafPerformance.ca. This document will have both content strategy and design notes for each page and will be used as a general scope of work to describe the final website deliverable that will be ready at launch.
- Work closely with the NewLeaf Performance team to create 3 new logo concepts that refresh and build up on the existing logo.
Milestone 2: Primary Design and Development Sprint
We’ll begin work after 50% of the total project fee ($9250) has been deposited and we receive final wireframe and branding approval.
Week 2-3 – Design
With the wireframes, content strategy, and logo designs, Brandit will spin up a development server on our platform and begin our initial design and development sprint. During Milestone 2, Brandit will perform the following services:
- Work closely with the NewLeaf Performance team to create finalized homepage designs for both sites that draw from the new wireframe deliverables that was created in the first milestone. This home page sets the tone and design style for other internal pages on the website.
- Customize and configure the theme, user experience, and content organization based on the approved wireframes. Mobile views of the website design will vary based on screen size and platform and will not look exactly the same for all users. However, all designs will be fully responsive and take a mobile-first approach.
- Create initial internal page layouts designs and submit to NewLeaf Performance for revisions and approval.
Weeks 3-4 Site Development, Internal Page Design, Taglines and 3rd Party Integrations & Content Development
- Create initial designs and layouts for internal pages using the designs created in Milestone 2 as a broad layout guide.
- Install and start configuration for any additional plugins needed for site functionality and 3rd party integrations as defined during Discovery. This will include integration with tools that allow for social media sharing of content, contact forms, and a vetted download manager plugin.
- Create final graphics for headers and featured graphics as needed using images and content provided by NewLeaf Performance as well as up to 15 images and graphics provided by Adobe Stock.
- Work closely with the NewLeaf Performance team to develop the first draft of taglines for all website pages.
Milestone 3: Design Revisions, Copywriting, Speed Optimization, SEO
We’ll begin work after 100% of the total project fee ($13875) has been deposited.
Weeks 4
After the initial designs have been sent over you, the next weeks will include revision rounds, speed optimization, and SEO. During these weeks, Brandit will provide the following services:
- Complete two design and content revision rounds based on the feedback from the NewLeaf Performance team with up to 15 hours of total work.
- Collaborate with the NewLeaf Performance team to develop the final draft of content for all 12 website pages.
- Test site on the latest two versions of Chrome, Firefox, Safari & Edge as well as on most recent versions of Android and iOS on the last two years of device releases.
- Add and configure WP Rocket speed optimization plugin to perform both on-site HTML, JS, and CSS magnification and multi-level caching.
- Perform on-site SEO optimization based on existing content using the Yoast SEO plugin.
Milestone 4: Website Launch, Google Analytics Configuration, Post-Launch Setup and Training
We’ll begin work after 100% of the total project fee ($18500) has been deposited.
Weeks 5-6
The final two weeks of the project include pointing your domain to the new website and adding and configuring the Cloudflare CDN. During these final weeks, Brandit will provide the following services:
- Add and configure Cloudflare’s CDN to perform DNS-level HTML, JS, and CSS magnification, multi-level caching and other speed optimizations.
- Train staff to manage the site as needed in 1-2 training sessions via in-person meetings or by teleconference. This may include 2-4 personalized tutorial videos when necessary.
- Brandit will configure Google Analytics and baseline reporting and create a basic reporting dashboard if applicable.
- Assist with user issues and any final fixes totaling no more than four hours.
Interactive Calculator Option 1 (Gravity Forms)
Project Overview
NewLeaf Performance (NewLeaf Performance) is hiring Brandit, LLC to develop a custom calculator using the Gravity Forms WordPress plugin. This method will use gravity forms conditional logic to display specific content to users after they select different answers on a sliding scale.
Timing
The calculator should launch within 30-60 days from the initial discovery meeting. Timing and pricing is subject to complexity of the application after further details are provided by NewLeaf Performance as well as approvals and content being provided in a timely manner.
Statement of Work and Estimates
Price estimates are based on initial objectives and may change as mutually agreed upon tasks and objectives change. Cost estimates and payment schedules are provided in four milestones.
Option 1 Estimated Cost for Interactive Form (Using Gravity Forms): $1500-3500
- Develop initial design assets in Photoshop or Sketch based on feedback from new (15hrs)
- Create initial form using the information provided by Performance (3hrs)
- Create conditional logic based on user choices (12hrs)
- Create output pages either as standalone landing pages or as outputs within the form (15hrs)
- Redesign form based on initial design assets, testing & QA (25hrs)
TERMS
Brandit LLC Terms of Services & Terms of Use Agreement
Contract Terminology
This Terms of Use Agreement (hereinafter “Agreement”) is by and between you, the client (“Client”), and Brandit, LLC, a limited liability company organized under the laws of the State of Kansas (“Brandit”). Brandit is the owner and developer of the Brandit Platform (“Software”) and provides the Software subject to the terms of this Agreement and the Brandit LLC Terms of Use of Agreement below. Brandit is also the provider of web development, web design, graphic design, user interface, user experience design, web hosting, and other customization services (“Services”), which are also provided subject to the terms of this Agreement.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE SOFTWARE OR SERVICES. WHEN YOU USE THE SOFTWARE OR USE THE SERVICES, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE SOFTWARE OR SERVICES. BRANDIT RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN IT SOLE DISCRETION AFTER PROVIDING WRITTEN NOTICE TO CLIENT. IN THE EVENT BRANDIT MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE & YOU WILL BE NOTIFIED. YOUR USE OF THE SOFTWARE OR SERVICES AFTER A CHANGE IN THE EFFECTIVE DATE CONSTITUTES YOUR ACQUIESCENCE TO AND ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT.
1) Agreement Overview
Client is hiring Brandit to perform Services detailed in the Project Milestones & Deliverables section above as well the Scope of Work agreements.
1) Hourly Rate Projects
In instances that Client chooses to either commission Brandit for additional work at an hourly rate after completing a fixed price project, or Client chooses to commission Brandit for a custom set of services at a $75 hourly rate, Brandit will submit bi-weekly expense reports to Client that are calculated based on the number of hours spent on the work completed by individual task for that time period. Brandit will then compile these weekly reports into a monthly invoice. Client can choose to pay for services automatically using a credit card that is stored on Brandit’s credit system using Stripe payments on a monthly basis, or they can pay invoices manually by check, ACH transfer, credit card, or debit card. All invoices are due within 30 days after their initial receipt.
Alternatively, Client can purchase hours upfront from Brandit, LLC which are then tracked retroactively and submitted in a bi-weekly report.
1.2) Payment Deadlines and Late Payments
Upon the completion of a milestone or at the end of a bi-weekly billing cycle, Brandit will submit an online invoice to the client for work completed. The client agrees to pay these invoices within 30 days after the invoice is received. If the Client fails to complete payment after this 15 day period, Brandit has the right to stop work on the project until payment is received.
2) What is a Revision Round?
After wireframes, content strategy, and the Scope of Work agreement has been executed in a fixed fee project, this agreement includes one main development and design sprint plus the opportunity for you to request up to two rounds of revisions. Each revision round will have up to 10 revision points or up to 8 hours of additional work that Brandit will track using a standard time tracker. In the case that Client would like to make additional changes to the End-Product after both revisions rounds have been completed, Client agrees to pay Brandit in full for all work completed. At the end of both revision rounds, Client may choose to commission Brandit to make further design revisions at my standard hourly rate of $75 an hour.
3) Use in Portfolio
Brandit would love to be able to promote and display Client’s website or a separate original version of your website which cannot be discovered by search engines, potential clients, etc. Unless otherwise stated in this agreement or the project estimate, Client grants Brandit the right to display and link to the completed project as part of The Brandit portfolio, to write about the project on websites, in magazine articles and in books, or to show an original version of Client’s website on a subdomain that is not not followed by search engines.
Brandit, LLC Terms of Use Agreement
4) Eligibility
By purchasing Software or Services, you warrant and agree that you are either above the age of majority in your nation, state, province, territory, or city or the age of eighteen (18), whichever is greater. You warrant that you are of sound mind, have the capacity to contract, and agree to the terms and conditions contained within this Agreement. If you are using the Software or Services on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity and third party and have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
5) Registration
To purchase Software or Services, Brandit may require you to create a user account, which may provide you with access to additional areas of the Website that are not accessible to non-members (“User Account”). You understand and agree that you are solely responsible for access to your User Account and you are expressly prohibited from providing third parties with access to your User Account. In registering a User Account, you agree that you will provide Brandit with information that is accurate, current, and complete. You have an ongoing duty to update the information associated with your User Account if and when it changes. You have a duty to immediately notify Brandit if your User Account is accessed without your authorization.
Brandit reserves the right to suspend or terminate your User Account without notice, at any time, and in its sole and absolute discretion.
6) Use of Software
The Software is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of that License or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with the Software. If not, seehttp://www.gnu.org/licenses/gpl.html.
7) Purchase of Software Services
When you purchase Services from Brandit, Brandit’s provision of Services is subject to the terms of this Agreement. Each individual Service, whether web development, web hosting, or domain name registration services, may be subject to their own terms as outlined below or in the Scope of Work Agreement. All Services are subject to Brandit’s acceptable use policy.
8) Web Hosting Services
Brandit agrees to maintain your website on Brandit’s web server on a month to month basis and to make maintenance, modifications, and updates to your website hosting from time at Brandit’s own discretion. Brandit agrees to allocate web storage in the amounts listed on the Brandit product page to you for the purposes of web hosting. You understand and agree that you are solely responsible for monitoring your web storage. In the event you exceed your web storage quota, Brandit reserves the right to charge you a per gigabyte fee for exceeding your quota.
You agree that you will not create a disproportionate load on Brandit’s web servers in comparison to similarly situated customers or otherwise cause a reduction in Brandit’s ability to provide Services to third parties. Brandit reserves the right to terminate your web hosting services for repeatedly excessive traffic in its sole and absolute discretion.
9) Domain Name Registration Services
You understand and agree that by submitting a request to register a domain name to Brandit, your proposed domain name will not violate any law, statute, regulation, or ordinance, including, but not limited to, intellectual property rights, rights of privacy or publicity, or any other personal or proprietary right. You agree to indemnify, defend, and hold harmless Brandit from and against any and all claims, costs, damages, or losses that arise out of or are related to your registration or use of a domain name registered on your behalf by Brandit.
You further understand and agree that, in addition to the terms of this Agreement, all domain name registrations may be subject to the third party terms and conditions of any registrar that Brandit may use to fulfill your request to register a domain name, including, but not limited to, the Uniform Domain Name Dispute Resolution Policy and ICANN policies related to your rights and responsibilities in registering a domain name. You warrant and agree that you will comply with all third party terms and conditions in submitting a request to register a domain name to Brandit.
10) Acceptable Use Policy
In using the Software or Services, you agree to Brandit’s acceptable use policy. You are expressly prohibited from using the Software or Services (i) outside of the terms or conditions of this Agreement, (ii) to violate any applicable law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, or (iii) to violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. Additionally, you are prohibited from:
- Posting or transmitting any content that is harassing, abusive, obscene, offensive, sexually explicit, pornographic, vulgar, invasive, or defamatory;
- Impersonating any person or business or your employment at any business;
- Scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Service or third party websites;
- Transmitting unsolicited commercial emails to third parties;
- Obtaining or mining the personal data of third parties;
- Using the Service to transmit racist content or hate speech;
- Imposing a disproportionate load on Brandit’s servers or its server infrastructure or otherwise attempting to interfere with the operation of the Service;
- Using a robot, spider, bot, script, or other automated technology to access or use the Service;
- Submitting or utilizing any virus, worms, Trojan horses, or other code that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of the Service;
- Providing any material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act through the Service;
- Violating any governmental export control regimes, including, but not limited to, the U.S. Export Administration Regulations through the Service;
- Posting or transmitting content that infringes upon the intellectual property rights, personal rights, or proprietary rights of users of the Service or third parties; and
- Posting or transmitting content that threatens or encourages bodily harm or the destruction of property through the Service.
11) Payment
Payment for Use of the Software Services are due immediately upon receipt, and Brandit reserves the right to suspend or terminate your access to Services for failure to timely pay. All fees listed for services are quoted without taxes. You warrant and agree that you are responsible for and will pay all taxes associated with your purchase of Services from Brandit. All Services are quoted in US Dollars.
In the event you purchase a recurring Service, your payment method will be charged automatically for the Service upon the renewal of its term. You understand and agree that your failure to cancel a recurring Service prior to its renewal constitutes your manifestation of assent to Brandit’s automatic charge of your payment method upon renewal.
You understand and agree that Brandit will not be held responsible for your failure to timely renew any domain names or other Services. In the event you fail to timely renew or pay for any domain names that you requested Brandit to register on your behalf, Brandit may choose to reregister the domain name on its own behalf. Upon Brandit’s reregistration of a domain name, title to the domain name will vest in Brandit and Brandit may sell or use any domain names for which you have failed to timely pay.
12) Term and Termination
The term of this Agreement will begin upon the date that you first access the Service or Software and will continue until Brandit either terminates your access to the Service or Software or you cease using the Service or Software and terminate your User Account. Brandit reserves the right to terminate your access to the Service or Software at any time, without notice, and in its sole and absolute discretion.
In the case of Brandit design and customization packages, both parties have the right to terminate this agreement at anytime. In the event of termination, Brandit, LLC will deliver all work completed that you have paid for up to the point of termination.
13) Section 230 Compliance
You understand that Brandit’s web hosting service constitutes an interactive computer service as that term is defined under Section 230 of the Communications Decency Act. Brandit will not be held liable for any content submitted to its web hosting service by you or third parties, regardless of whether it chooses to remove or edit that content.
14) Copyright Infringement Policy
If you believe that a user of Brandit’s Services has infringed upon your copyright rights, you may provide Brandit with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.
Upon receipt of a notice that complies with this section, Brandit will make a good faith effort to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification, if appropriate.
This notice of copyright infringement must contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) alleged to have been infringed;
- The location of the copyrighted work(s) on the Service;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are a Website user that believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the federal district court in which your address is located;
- A statement that you will accept service of process from the notifying party; and
- Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to Brandit at copyright@wordpress-280946-870562.cloudwaysapps.com.
15) Trademarks
Brandit is the owner of the BRANDIT mark, which is a registered or common law trademark, design mark, and trade name. Brandit is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Service, which constitutes the trade dress of Brandit. You are prohibited from using Brandit’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services.
All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed through the Service are the property of their respective owners.
16) Limitation of Liability
YOU AGREE THAT THE SOFTWARE AND SERVICES ARE PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, AND TITLE. YOU AGREE THAT BRANDIT WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SERVICES OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SOFTWARE OR SERVICES IS AT YOUR SOLE RISK AND THAT BRANDIT’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SOFTWARE OR SERVICES OR $1,000, WHICHEVER IS LESS.
17) Indemnification
Brandit, and Client agree to hold each other harmless, defend, and indemnify the other party from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys’ fees, arising out of or related to: (1) the use of the Software; (2) the use of any Service; (3) the creation or use of a User Account; (4) the violation of any term or condition of this Agreement; (5) the violation of the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (6) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. The obligation to defend and indemnify the other party will not provide you with the ability or right to control the other’sdefense. Each partyreserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel.
18) Resolution of Disputes
Client AND BRANDIT AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN TOPEKA, KANSAS IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF KANSAS AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND BRANDIT AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATION MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING WITHIN THE STATE OF KANSAS THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND BRANDIT UNDERSTAND AND AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF KANSAS IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND BRANDIT HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION.
19) Force Majeure
Brandit will not be responsible for any delay or failure in performance of the Software or Service arising out of any cause beyond Brandit’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
20) Severability
If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
21) Interpretation
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
22) Assignment
You are expressly prohibited from assigning your rights and duties under this Agreement. Brandit reserves the right to assign its rights and duties under the Agreement, including in a sale of Brandit or the Services.
23) Waiver, Privacy Policy, and Integration
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is in writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. Brandit incorporates by reference in its Privacy Policy as if fully stated herein.
The terms of this Terms of Service Agreement are enforced by the Internet lawyers of Revision Legal.
SIGNATURES
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Braden Katz,
Founder & Creative Director
Brandit, LLC
SIGNATURES
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NewLeaf Performance