Terms of Service

Last Updated: April 2026

Welcome to The Modern Brandist. These Terms of Service (“Terms”) govern your access to and use of our website (themodernbrandist.com) and any related pages, as well as the branding, design, and marketing services we provide.

Please read these Terms carefully. By accessing or using our website, or by engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1. About Us

The Modern Brandist is a fully remote marketing studio that provides branding, template design, monthly design support, and related creative services to small business owners and solo creatives. Our goal is to help you create intentional, clear, and aligned digital brands.

2. Our Services

All services are provided under a separate proposal, quote, or service agreement that outlines scope, deliverables, timeline, and fees. These Terms apply in addition to any project-specific agreement. In the event of a conflict, the project-specific agreement will prevail.

We provide services with reasonable skill and care. However, creative work involves subjective elements, and final approval of all deliverables rests with you.

3. Intellectual Property

  • Our Work: Unless otherwise agreed in writing, upon full payment of all fees, we grant you a perpetual, non-exclusive, royalty-free license to use the final approved deliverables for your business purposes.

  • Source Files & Working Files: Source files (such as native design files, editable Canva templates, etc.) are provided only when explicitly included in your package. We retain ownership of all preliminary concepts, sketches, moodboards, and unused ideas.

  • Your Materials: You represent that any content, logos, images, or materials you provide us are owned by you or properly licensed, and do not infringe on any third-party rights.

  • Portfolio Rights: We reserve the right to display final approved work in our portfolio, website, and marketing materials unless you request otherwise in writing.

4. Payment Terms

  • A deposit or milestone payments may be required before work begins.

  • Full payment is due according to the schedule outlined in your proposal or invoice.

  • Late payments may incur a monthly service charge of 1.5% (or the maximum allowed by law).

  • All fees are non-refundable except as explicitly stated in a project agreement.

  • You are responsible for any applicable taxes.

5. Revisions and Changes

Each service includes a defined number of revision rounds (as specified in your proposal). Additional revisions or scope changes may require a change order and additional fees.

6. Project Timeline and Delays

We will provide estimated timelines, but delays caused by your feedback, provision of materials, or other circumstances beyond our control may extend delivery dates. We are not responsible for delays caused by third-party services (e.g., hosting providers, stock image sites).

7. Termination

Either party may terminate a project for material breach with written notice. Upon termination:

  • You remain responsible for payment of all work completed up to the termination date.

  • We will deliver any finished deliverables for which you have paid in full.

8. Limitation of Liability

To the fullest extent permitted by law, The Modern Brandist shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to our services or website, even if advised of the possibility of such damages.

Our total liability for any claim shall not exceed the total fees you paid to us for the specific service giving rise to the claim.

9. Indemnification

You agree to indemnify and hold The Modern Brandist harmless from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

  • Your use of the deliverables

  • Any materials or content you provide

  • Any breach of these Terms by you

10. Confidentiality

Both parties agree to keep confidential any non-public business information disclosed during the project.

11. Website Use

  • Access: You may use our website for informational purposes only.

  • Prohibited Conduct: You may not copy, scrape, reproduce, or commercially exploit any content from our site without permission.

  • Third-Party Links: Our site may contain links to external websites. We are not responsible for their content or practices.

12. Disclaimer

Our website and services are provided “as is.” We do not warrant that our site will be error-free or uninterrupted, or that our services will guarantee specific business results (such as increased sales or clients).

13. Governing Law

These Terms are governed by the laws of the State of Minnesota, United States, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Minneapolis, Minnesota.

14. Changes to These Terms

We may update these Terms from time to time. We will post the new version on this page with an updated “Last Updated” date. Your continued use of our website or services after changes constitutes acceptance of the revised Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at:

The Modern Brandist Email: hello@themodernbrandist.com