4. Good Standing Account Defined
4.1 In order for your account to remain in good standing you must have the correct payment card on file and your payments cannot be delayed for more than five (5) consecutive days. As soon as your payment is delayed for 5 consecutive days or more your account will not be considered to be in good standing. If your payment is delayed you will be advised to either approve payment with your bank, update your card details within your dashboard or show proof of payment in any other way we may deem appropriate.
4.2 Be mindful that once you update your card details in the system you must let us know and we will corroborate that payment has indeed come through in order not to cause any delays in the delivery of any of your ongoing work.
4.3 Please note that when payments are delayed all projects in your queue will be fully stopped, including any amendments you may be missing regardless of their importance or length of time it may take to have them done or delivered to you. Projects being worked on or in your queue will not be delivered until payment is received.
4.4 As a subscriber, during your subscription, you are fully entitled and responsible to download all or any files we are storing for you during the time you are in good standing and with no payment delays in your account. However, once your payment is delayed by at least 24 hours we will temporarily pause access to storage within our system as this is part of your paid subscription.
4.5 Please bare in mind that if we don’t receive payment from you within 5 consecutive days of a delayed payment your account will automatically be cancelled and you will lose complete access to our platform, and storage. In other words, by signing up to our service you agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Brainchild Group Limited (trading as The Futures) to perform under this Agreement. In addition, you agree that, upon registering for the services through the Site, you authorize Brainchild Group Limited (trading as The Futures) to charge your method of payment (IE: credit card, debit card, etc) for the fee on each anniversary of your registration date, based upon your billing frequency (IE: monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Brainchild Group Limited (trading as The Futures) through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Brainchild Group Limited (trading as The Futures) that such payment information is accurate and that you are authorized to use the payment instrument. You will rapidly update your account information with any changes (IE: a change in your billing address or credit card expiration date) that may take place.
5. Refund Policy Requirements
5.1 It’s our goal to provide a quality service for our customers and ensure that you have a good experience with The Futures. The purpose of our 7 consecutive days return policy is to ensure prospective customers have the opportunity to test The Futures out risk-free. In order to protect Brainchild Group LTD (Trading as The Futures) from any possible misuse and in order to safeguard the integrity of our services and systems we have listed the requirements to qualify for our refund policy:
5.2 In order to qualify for refund policy you: Must make yourself available to accept a call from one of our Representatives in order to help in walking you through The Futures features and successful ways of working.
5.3 Must create at least 1 project within our platform providing as much detail as possible within the design request form. Must give comments / feedback and allow our designers at least 2 attempts to get your proposed design right.
5.4 Please note, you are free to cancel your subscription during the 7-Day 100% Satisfaction Guarantee. However, by approving projects you are expressing your satisfaction with the service, meaning that a full refund is not warranted. If you did not approve of any project that means you were not satisfied with the service and therefore your money will be returned to you within 5-7 business days. However, if you did approve any projects during the 7-Day 100% Satisfaction Guarantee we will only approve a refund after a 30-business day monitoring period in which our specialised team checks the web to ensure no work performed by us is used or published. Cancelling your subscription within the 7-Day 100% Satisfaction Guarantee bans you and your enterprise to use any of the designs produced by our team for your account and these designs will not be able to be used by you or anyone for any personal or commercial purposes as full Intellectual Property on these designs will belong to Brainchild Group Ltd (Trading as The Futures).
6. Disclaimer of Warranties
Limitation of Liability
6.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
6.2 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
6.3 In no case shall Brainchild Group LTD (Trading as The Futures), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
7. Non-Compete Clause
7.1 You agree that you will not initiate, copy, duplicate any such business model that will be identical or similar in nature to that of the business models delivered by Brainchild Group Ltd and its trading names (IE: The Futures). Meaning, you will not commercially trade with a service that provides unlimited revisions, unlimited requests, next day delivery or 3-day delivery services during your time as a subscriber or during the next 36 months after you have started using our service.
7.2 You agree you will not, at any point, contact or use the company’s resources (such as staff time or talent, or equipment) for personal or commercial benefit that is not directly related to the company or is outside your subscription with our service. In addition, you will not attempt to contact our staff or talent directly on or after you have stopped using the service or even attempt to contact them or create a working relationship via a third party and have them work for you or any of the businesses you may have a relationship with.
8. User Registration
8.1 You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
9. Governing Law and Dispute Resolution
9.1 This agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation) shall be governed by and construed in accordance with English law.
9.2 The parties to this agreement irrevocably agree that the courts of England shall have exclusive jurisdiction to hear and decide any suit, action or proceedings and/or to settle any disputes which may arise out of or in connection with this agreement and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of England.
9.3 Notwithstanding any other provisions of this contract, the Company shall have no liability (whether under contract, tort, statute or otherwise) to the Client under or pursuant to this agreement in relation to any claim for which notice of such claim is given after the later of the date of 12 (twelve) months after (i) practical completion of the Project(s) or (ii) the date the Services have been completed.
10. Revisions and data errata
10.1 The materials appearing on The Futures’ web site could include technical, typographical, or photographic errors. The Futures does not warrant that any of the materials on its web site are accurate, complete, or current. The Futures may make changes to the materials contained on its web site at any time without notice. The Futures does not, however, make any commitment to update the materials.
11. Links & Networks
11.1 The Futures has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any linked site. The inclusion of any link does not imply endorsement by The Futures of the site. Use of any such linked websites is at the user’s own risk.
12.1 You agree to indemnify, defend and hold harmless Brainchild Group LTD (Trading as The Futures) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
14.1 All communication between you and any The Futures representative are held confidential. We will not disclose your private information or project information with unauthorized users. However, unless we have a specific arrangement with you (we have a Non-Disclosure Agreement with you) we are able to publish the work created for your account for marketing or publicity purposes.
15. Ownership, trademarks & provided assets
15.1 You own all graphics and files we create during any month paid in full. You will provide all content/copy to be used in our designs. You agree that any materials provided to are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Brainchild Group LTD (Trading as The Futures) that all materials provided do not infringe on the intellectual property rights of third parties. We act as creatives and help you in creating and visualising graphic concepts, we are not researchers and as part of this agreement you agree that we are not to be held accountable for any copyright infringement of any kind ever arising from your use of the platform. It is ultimately you who has to do due diligence on any work produced or reproduced as a result of using the service. This means that you hold full legal responsibility for the use of any works approved by you and used by you personally or commercially regardless if the images have been provided by you or by Brainchild Group LTD (Trading as The Futures).
15.2 You agree to indemnify, defend, and hold harmless Brainchild Group LTD (Trading as The Futures) and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
15.3 If you decide to cancel your subscription within your initial trial period (7-Day money back guarantee period) all designs produced for you during this time are not to be utilised by you for any commercial or personal purposes and will immediately be surrendered to be of the exclusive use of Brainchild Group Ltd.
16. Sample work
16.1 By default, you agree to provide The Futures with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. Please note that all of your work may be publicly accessible for viewing unless you take action and notify us in writing otherwise. If you would like to revoke this right, please notify our team in writing to email@example.com
17. Creative cycles
17.1 A creative cycles is a measurement of creative output and what we are able to accomplish in a creative cycles depends on the complexity and total volume of your requests. A creative cycles begins when the request or revision is assigned to our team through our Design Request Form. Requests or revisions will not be assigned if they are unclear, vague or missing required assets and information. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
18. Delivery Output
18.1 You may submit as many design requests as you would like to and all requests will be stored on our management software and prioritized in order of arrival. Our team will work on one design at a time for you including revisions. In order for us to move onto the next project, your current project must be fully completed and approved before we can move onto the next project. You can also Pause or Cancel a project if you no longer wish for that project to be completed. Pausing or Canceling a project will instantly stop its production and allow our team to move onto the next project in line.
18.2 Production of a design, variations and editable files occur one design at a time delivered per business day.
When a request contemplates the production of two or more designs, it is then considered a request with multiple projects. Meaning that designs will be produced for each of the projects at a pace of one design at a time and delivered a day at a time until completion.
As this requires a bit of management, your account managers will very smoothly process their production and will let you know about the delivery schedule for each of these.
18.3 Our service varies depending on the purchased offer. All creative deliveries stamped on accounts’ pipelines are achieved in relation to the local time of the customer’s main understood place of operations. The team operates daily, 363 days a year. The company observes 2 days off every year:
- December 24th starts at 12:00 pm (noon) EST until December 25th, 11:59 pm (midnight) EST. and,
- December, 31th 12:00 pm (noon) EST until January 1st, 11:59 pm (midnight) EST, all inclusive.
19. Offers & Promotions
19.1 You can only benefit from one promotion at a time, you cannot combine two or more promotions simultaneously. If you made a payment as part of a promotion or special discount please note you are not eligible for a refund after 7-days have passed since you made your payment.