Terms & Conditions | Branding & Design for Startups

Terms & Conditions

1. Introductory Clause

These Terms and Conditions ("Terms") govern the use of all NOTABLE BRANDING & DESIGN's membership plans & services, including Starter, Growth, Unlimited Design, and Consulting Punchpass, collectively referred to as "Services," provided by WBM Enterprises, doing business as NOTABLE BRANDING & DESIGN ("NOTABLE BRANDING & DESIGN" or "Company"). By purchasing or subscribing to any of our Services, you (“Customer” or “Customer’s”) agree to comply with and be bound by these Terms and understand that they are effective immediately on the date of you purchase and subscription to any of our Services

2. Scope of Membership Plans, Packages, & Services

2.1 Membership Plans & Packages.

NOTABLE BRANDING & DESIGN offers the following Membership Plans & Packages:

Pay as You Go Brand Development

For a one time fee of $750 USD Customer's can individually select one brand strategy step they want to develop, they may also receive:

Personalized Brand Development
Customized Strategy Workshops
On-Demand Session Scheduling
No Long-Term Commitment
Flexible Payment
No Contract

For a one time fee of $3,000 USD Customer's can individually select one brand strategy stage they want to develop (this will include all steps requires for complete development their selected stage), they may also receive:

Personalized Brand Development
Customized Strategy Workshops
On-Demand Session Scheduling
No Long-Term Commitment
Flexible Payment
No Contract
24/7 Async Support

For a one time fee of $15,000 USD Customer's can develop a complete brand strategy (all steps and stages) and identity, they may also receive:

Personalized Brand Development
Customized Strategy Workshops
On-Demand Session Scheduling
No Long-Term Commitment
Flexible Payment
No Contract
24/7 Async Support
Unlimited Consultations
Brand Strategy Playbook

Strategy Session

For a one time fee of $499 USD Customer's can:
Schedule a single 1-2 hour consulting call whenever NOTABLE BRANDING & DESIGN staff is available. Customers can use this call to develop a custom strategy to boost customer engagement, trust, LTV, and more, without committing to any ongoing engagement.

Benefits of this plan may include:

Define Goals & Understand Challenges
Brand, Design, and UX/UI Expertise
Develop Personalized Strategies
Detailed & Actionable Summary
Transformative Collaboration
Personalized Consultation
Comprehensive Analysis
Single Fixed Payment
Fully customizable
No Contract

On-Demand Design

For a monthly fee of $5,000 USD subscribers receive:

Unlimited Design Pipeline with unlimited requests and revisions. (NOTABLE BRANDING & DESIGN works on requests in order one at a time and only moves on to the next request when the Customer is 100% satisfied with the deliverable.)
3 Day turnaround time on average.
Dev-ready Figma files & prototypes.
Dedicated Senior Designer
24/7 Async Support and an average response time within 24 hours.
One Slack connection.
A 7-day money-back guarantee.
The flexibility to pause or cancel at any time.

2.2 Consulting Punchpass

For a fixed one-time fee of $1,250, the customer receives:

Ten 30-minute consulting calls.
Flexible scheduling, use all ten calls back to back or space them out over time.
Call bookings that never expire.
A full refund if all calls go unused.

2.3 Support

NOTABLE BRANDING & DESIGN will not provide support for any Work Product if the Customer does not pay or cancels their subscription to NOTABLE BRANDING & DESIGN’s Services, unless otherwise agreed in writing.

3. Duration

NOTABLE BRANDING & DESIGN's Services begin on the date of purchase or when request by the Customer. The duration of Services varies based on the Customer’s chosen plan and will continue perpetually until terminated as described in Section 7 (Termination).

4. Payment

The payment terms for our Services are as follows:

Payment for all membership plans and subscription services is due monthly and will be automatically charged to the credit card or payment method on file.
The Consulting Punchpass is a one-time payment that requires full payment at the time of purchase.

5. Ownership and Licenses

5.1 Ownership of Work Product

As part of these Terms, NOTABLE BRANDING & DESIGN may create Work Product for customers that purchase any of NOTABLE BRANDING & DESIGNs Services. "Work Product" includes the finished product, drafts, notes, materials, designs, inventions, and any other work produced under these Terms. Upon receiving payment, NOTABLE BRANDING & DESIGN grants the Customer full ownership of all Work Product, including intellectual property rights, except in cases of termination as outlined in Section 6.

5.2 Background IP

NOTABLE BRANDING & DESIGN may use Background IP, such as pre-existing code, design systems, and other tools, which are not part of the Work Product. The Customer is granted a right to use and license Background IP for its products and services worldwide, free of charge, but may not sell or license Background IP separately.

5.3 Use of Customer IP

NOTABLE BRANDING & DESIGN may use the Customer’s intellectual property to fulfill its obligations under these Terms, with Customer's permission. This use does not transfer any intellectual property rights from the Customer to NOTABLE BRANDING & DESIGN.

6. Confidentiality

6.1 Customer's Confidential Information

The Customer's Confidential Information, including customer lists, business strategies, and other proprietary data, will be handled with utmost confidentiality by NOTABLE BRANDING & DESIGN. NOTABLE BRANDING & DESIGN agrees not to use or disclose Customer's Confidential Information, except as authorized by the Customer or when the information becomes publicly known through no fault of NOTABLE BRANDING & DESIGN.

6.2 Third-Party Confidential Information

Both the Customer and NOTABLE BRANDING & DESIGN agree not to share third-party Confidential Information with each other unless written permission is obtained from the third party.

7. Termination

These Terms may be terminated by NOTABLE BRANDING & DESIGN with notice by electronic mail or by the Customer when they cancel their subscription to NOTABLE BRANDING & DESIGN’s Services. Upon termination, certain obligations, including those in Sections 6 (Confidentiality), 8 (Limitation of Liability), 9 (Indemnity), and 10 (General), continue for five (5) years.

8. Limitation of Liability

In no event shall either party be liable for indirect, incidental, special, or consequential damages. NOTABLE BRANDING & DESIGN's liability under these Terms shall not exceed the amounts paid by the Customer for the Work Product giving rise to such liability.

9. Indemnity

9.1 Customer Indemnity

NOTABLE BRANDING & DESIGN agrees to indemnify Customer against liabilities, losses, and damages arising from a third-party claim or proceeding arising out of: (i) the work NOTABLE BRANDING & DESIGN has done under these Terms; (ii) a breach by NOTABLE BRANDING & DESIGN of its obligations under these Terms.

9.2 NOTABLE BRANDING & DESIGN Indemnity

Customer agrees to indemnify NOTABLE BRANDING & DESIGN against liabilities, losses, and damages arising from Customer's breaches of obligations under these Terms.

10. General

10.1 Assignment

Either party may assign rights or delegate obligations under these Terms to third parties.

10.2 Arbitration

Any disputes arising from these Terms may be resolved through arbitration administered by the American Arbitration Association, as per its commercial arbitration rules.

10.3 Modification; Waiver

No modification or amendment to these Terms shall be effective unless agreed upon by NOTABLE BRANDING & DESIGN and the Customer in writing.

10.4 Notices

All notices under these Terms must be in writing and delivered via personal delivery, email, or certified or registered mail.

10.5 Severability

If any provision of these Terms is found unenforceable, the remainder of these Terms shall remain in full force and effect.

10.6 Governing Law

This Contract is governed by the laws of the state of Utah without regard to conflict of law principles.

10.7 Competitive Engagements

NOTABLE BRANDING & DESIGN can work for competitors of Customer.

10.8 Entire Contract

These Terms constitute the entire understanding between the parties, superseding all prior contracts, written or oral.

By subscribing to or purchasing our (NOTABLE BRANDING & DESIGN’s) Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

For inquiries or notice delivery, please contact:

WBM Enterprises (DBA NOTABLE BRANDING & DESIGN)

Email: hello@makeitnotable.com