Terms of Service
These Terms of Service ("Terms") govern the purchase and use of services and products provided by Brand by Ran LLC ("Brand by Ran," "we," "us," or "our"). By purchasing services, submitting payment, enrolling in a recurring service, approving a proposal or agreement, or otherwise engaging Brand by Ran, you agree to these Terms.
Brand by Ran provides marketing and creative services, including but not limited to social media management and publishing, Agent Concierge and virtual assistant services, branding, graphic design, content creation, email marketing, marketing consulting, optimization services, listing marketing, Photo-to-Reel and similar content services, custom projects, digital products, templates and other marketing-related services.
The exact scope, deliverables, pricing and service period may also be described in a proposal, invoice, checkout page, order form or other written agreement. If a project-specific agreement contains terms that conflict with these Terms, the project-specific agreement will control for that project.
Payment is due according to the billing schedule presented at checkout, on the applicable invoice, or in the applicable proposal or agreement.
Brand by Ran may use third-party payment processors, including Stripe, to securely process payments and maintain payment methods for recurring services.
By providing a payment method and enrolling in recurring services, you authorize Brand by Ran and its payment processor to charge the payment method on file according to the billing schedule disclosed when you enroll.
Clients are responsible for maintaining a valid payment method and accurate billing information.
Brand by Ran currently offers recurring billing for Social Media Services and Agent Concierge services. Recurring services may be offered on a monthly, quarterly or annual billing schedule where specifically agreed upon.
The applicable price, billing frequency and renewal date will be disclosed at enrollment, checkout, on the applicable invoice, or in a separate service agreement.
Unless otherwise stated in writing, recurring services automatically renew at the end of the applicable billing period until cancellation is properly requested.
Monthly recurring services automatically renew for successive monthly billing periods unless cancellation is requested in accordance with these Terms.
Annual recurring agreements automatically renew for an additional annual term unless cancellation or a change to the renewal is requested at least 30 days prior to the scheduled annual renewal date. An automatic renewal will not extend an agreement for more than one additional year at a time unless the client expressly agrees otherwise.
Where required by applicable law, Brand by Ran will provide renewal notices or other disclosures regarding the upcoming renewal, applicable price, billing date and cancellation method. Clients are responsible for reviewing renewal communications and maintaining a current email address.
Brand by Ran plans client work, staffing, content production and marketing deliverables in advance. Accordingly, clients are asked to provide at least 30 days' notice before an upcoming renewal or billing date when they wish to discontinue or materially change recurring services.
Cancellation requests may be submitted by emailing randi@brandbyran.com. Brand by Ran may also make an electronic cancellation option available through its payment processor or customer billing portal.
When applicable law provides a client with cancellation rights or requires a different cancellation process or timing, Brand by Ran will honor those requirements.
Cancellation of automatic renewal prevents future renewal charges as applicable but does not retroactively cancel services already purchased or amounts already due under an existing committed service term. Unless otherwise required by law or agreed in writing, services continue through the end of the applicable paid service period.
Annual services are commitments for the full service period identified at purchase or renewal. Annual fees may be paid upfront or according to another payment arrangement expressly approved by Brand by Ran.
Once an annual service term has begun, amounts paid for that annual term are generally non-refundable, except where required by applicable law or expressly agreed to by Brand by Ran.
A request to stop the automatic renewal of an annual agreement does not ordinarily terminate the annual term already purchased. Services will continue through the applicable paid service period unless otherwise agreed.
Brand by Ran may update its standard pricing from time to time. Grandfathered, promotional, discounted and early-renewal pricing applies only for the period expressly offered and does not guarantee the same rate for future renewals unless Brand by Ran states otherwise in writing.
When applicable, an upcoming renewal may occur at Brand by Ran's then-current pricing. Material pricing or subscription changes will be communicated as required by applicable law.
One-time projects and customized services may require full or partial payment before work begins. Once work has begun, project payments are generally non-refundable because Brand by Ran reserves team capacity and begins allocating creative, administrative or production resources to the project.
If a client changes the requested scope after work begins, additional fees may apply. Brand by Ran will communicate material additional charges before proceeding with out-of-scope work.
Agent Concierge services are provided according to the number of hours or scope purchased by the client. Unused hours do not automatically roll over unless specifically stated in the applicable package or agreement.
Work that exceeds the purchased allocation requires approval for additional hours or an upgrade to the applicable service level. Clients are responsible for providing timely access, information, approvals and instructions reasonably necessary for Brand by Ran to perform requested Concierge work.
Clients are responsible for providing Brand by Ran with accurate information and appropriate access to platforms necessary to perform services. Brand by Ran may develop strategy, content, graphics, captions, scheduling, publishing and other marketing materials based on the package purchased.
Marketing results vary. Brand by Ran does not guarantee specific follower growth, engagement, leads, sales, search rankings, transactions, revenue or other business results. Social platforms, search engines and third-party services may change algorithms, functionality or policies at any time, and Brand by Ran is not responsible for changes outside its control.
Clients are responsible for reviewing information they provide to Brand by Ran for accuracy. Brand by Ran is not responsible for errors resulting from inaccurate, incomplete or outdated information supplied by a client.
When client approval is required, delays in approval may affect delivery or publishing schedules without extending the applicable billing period.
Unless otherwise stated in writing, clients receive the right to use final, approved deliverables created specifically for them after all applicable fees have been paid. Brand by Ran retains ownership of its underlying systems, processes, methodologies, templates, concepts, workflows, know-how and pre-existing intellectual property. Third-party materials remain subject to the rights and licenses of their respective owners.
Brand by Ran may display completed work in its portfolio, website, social media or promotional materials unless otherwise agreed in writing or prohibited by applicable confidentiality obligations.
Digital products, templates, downloads and similar electronically delivered products are generally final sale once delivered or accessed, except where otherwise required by law. Purchasing a digital product does not transfer ownership of Brand by Ran's underlying intellectual property.
Unless expressly stated otherwise, digital products are licensed for the purchaser's own business use and may not be resold, redistributed, sublicensed or represented as the purchaser's original product.
Brand by Ran may use or interact with third-party services such as Stripe, social media platforms, email marketing services, Compass, CRM systems, website platforms and other technology providers. Brand by Ran is not responsible for outages, account restrictions, policy changes, security incidents or other failures caused by third-party platforms outside Brand by Ran's reasonable control.
Brand by Ran will use reasonable care when handling non-public client information obtained in connection with providing services. Clients acknowledge that certain information may need to be shared with Brand by Ran team members, contractors or service providers when reasonably necessary to perform the purchased services.
To the fullest extent permitted by applicable law, Brand by Ran will not be liable for indirect, incidental, special, consequential or punitive damages arising from the use of its services.
To the fullest extent permitted by law, Brand by Ran's aggregate liability relating to a particular service or project will not exceed the amount actually paid by the client to Brand by Ran for the service giving rise to the claim during the applicable service period. Nothing in these Terms limits liability that cannot legally be limited.
To the extent permitted by applicable law, these Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Any dispute that may lawfully be subject to a contractual forum provision will be brought in an appropriate state or federal court located in Colorado. Nothing in this section eliminates rights or remedies that cannot legally be waived under applicable state or federal law.
Brand by Ran may update these Terms periodically to reflect changes in services, business practices or applicable requirements. Material changes affecting an existing recurring service will be communicated as required by applicable law. The Effective Date above identifies the most recent version.
Brand by Ran LLC
Woodland Park, Colorado 80863
randi@brandbyran.com
