Terms of Service - Rebrand Trend

Terms of Service – Rebrand Trend

Section 1: Introduction

These Terms of Service govern the provision of social media marketing, content marketing, bespoke website designing, WordPress maintenance, and brand monitoring services provided by Rebrand Trend (“the Agency”) to you, the client. By engaging our services, you agree to be bound by these terms, which form a legally binding contract.

1.1 Agreement to Terms

By signing up for, accessing, or using the digital marketing services provided by Rebrand Trend (“the Agency”), including but not limited to social media marketing, content marketing, bespoke website designing, WordPress maintenance, and brand monitoring, you (“the Client”) agree to be bound by these Terms of Service (the “Terms”). These Terms form a legally binding contract between the Client and the Agency. If you do not agree with the Terms, you must not use the services provided by the Agency.

1.2 Modification of Terms

The Agency reserves the right to modify these Terms at any time. All modifications will be posted on our official website and effective immediately upon posting. Your continued use of our services after any such changes shall constitute your consent to such changes. You agree to review these Terms regularly to ensure that you are aware of any modifications.

1.3 Eligibility

The services offered by the Agency are intended for use by individuals aged 18 and older or the legal age of majority in your jurisdiction, whichever is higher. By using the Agency’s services, you represent and warrant that you meet these eligibility requirements. If you are using the services on behalf of a business or entity, you represent that you have the authority to bind that business or entity to these Terms and that it complies with these Terms in its entirety.

1.4 Service Agreement

These Terms must be accepted by the Client prior to the commencement of any services provided by the Agency. Specific details regarding the services, including scope, duration, deliverables, and other terms, will be outlined in a separate Service Agreement or Statement of Work to be agreed upon by both parties. The terms of such Service Agreements or Statements of Work are incorporated into these Terms by reference and shall be considered part of the legally binding agreement between the Client and the Agency.

1.5 Jurisdiction-Specific Terms

Clients accessing or using the services from different jurisdictions may have different laws and requirements. It is the responsibility of the Client to ensure that their use of the Agency’s services complies with all local laws and regulations. The Agency makes no representation that the services provided are appropriate, legal, or available for use in other locations outside of the jurisdiction in which the Agency operates.

Section 2: Services

The Agency will provide digital marketing services as described in our service proposals and communications. Specific details of the services, including scope, deliverables, and timelines, will be outlined in individual service agreements or statements of work, which are incorporated into this Agreement by reference.

2.1 Description of Services

Rebrand Trend offers a variety of digital marketing services tailored specifically to the real estate industry. These services include but are not limited to:

Social Media Marketing: Strategy development, content creation, scheduling, monitoring, and management of social media accounts to enhance online presence and engagement.
Content Marketing: Creation and distribution of relevant, valuable, and consistent content to attract and retain a clearly defined audience and drive profitable customer action.
Bespoke Website Designing: Design and development of customized websites that cater to the specific needs of real estate agencies, ensuring functionality and aesthetic appeal.
WordPress Maintenance: Ongoing maintenance and updates of WordPress sites to ensure security, performance, and up-to-date content.
Brand Monitoring: Tracking and analyzing the client’s brand on digital platforms, responding to feedback, and managing the brand’s reputation online.

2.2 Scope of Services

The specific scope of services to be provided will be detailed in a Service Agreement or Statement of Work (SOW), which will outline the deliverables, timelines, and any unique client requirements. Each SOW is tailored to meet the client’s specific needs and objectives and is agreed upon before any work commences.

2.3 Performance of Services

The Agency will perform its services in accordance with industry standards and in a professional and workmanlike manner by qualified personnel. The Agency will make every reasonable effort to meet agreed-upon deadlines and deliverables as specified in the Service Agreement or SOW.

2.4 Changes to Services

Any requests for changes or additions to the scope of services described in the Service Agreement or SOW must be made in writing and agreed upon by both parties. The Agency will assess the impact of any requested changes on the cost and timeline of the project and will submit an amended proposal for the Client’s approval.

2.5 Third-Party Services

In the delivery of services, the Agency may utilize third-party services or products. The Agency is not responsible for any third-party services it does not control or own, and the Client agrees that the Agency will not be liable for any failure of third-party services or products.

2.6 Acceptance of Deliverables

Upon completion of any deliverables, the Client will have a period defined in the Service Agreement (typically 10 business days) to review and approve the work. Approval will not be unreasonably withheld or delayed. If the Client does not provide approval or specific comments during this period, the deliverables will be deemed accepted.

Section 3: Client Obligations

The client agrees to cooperate with the Agency by providing necessary access to relevant information, materials, and platforms essential for the delivery of the services. The client is responsible for the accuracy, completeness, and legality of all information provided to the Agency.

3.1 Provision of Information

The client is responsible for providing all necessary information, access, and materials required for Rebrand Trend to perform the agreed services effectively. This includes, but is not limited to:

Access to existing social media accounts, websites, and other digital platforms.
Relevant content, images, logos, and other brand materials.
Detailed briefs and feedback within agreed timelines to facilitate timely service delivery.

3.2 Timeliness of Information

The client must provide all requested information and materials in a timely manner. Delays in providing essential information or feedback may result in delays in the completion of services and may incur additional charges if deadlines are significantly impacted.

3.3 Accuracy and Legality of Information

The client assures that all information and materials provided to Rebrand Trend are accurate, and legal, and do not infringe on the rights of third parties. The client is responsible for ensuring that the content of all materials, including text, images, and data, complies with all applicable laws and regulations.

3.4 Approval of Final Deliverables

Upon delivery of final services or products, the client is required to review and approve or provide detailed feedback within the period specified in the Service Agreement. Failure to respond within the designated period will be deemed as acceptance of the deliverables.

3.5 Communication

The client agrees to maintain open and regular communication with Rebrand Trend, responding to inquiries and requests for information promptly to ensure that the project moves forward effectively and in a timely manner.

3.6 Client Representations and Warranties

The client represents and warrants that they have the power and authority to enter into this agreement and that doing business with Rebrand Trend does not violate any agreements or obligations between the client and any third parties. Additionally, the client agrees to comply with all applicable laws and regulations in their use of the services provided by Rebrand Trend.

3.7 Financial Obligations

The client agrees to fulfil all financial obligations to Rebrand Trend promptly. This includes paying invoices by the due dates specified and understanding that late payments may result in additional charges or suspension of services until payment is received.

3.8 Security and Confidentiality

The client must maintain the confidentiality and security of any login credentials and account information related to services provided by Rebrand Trend. The client is responsible for any activities that occur under their account and must notify Rebrand Trend immediately of any unauthorized use of their account or security breaches.

Section 4: Payment Terms

Payment for services shall be made according to the payment schedule specified in the service agreement. Late payments may be subject to late fees and suspension of services. All payments are non-refundable except as expressly provided in these Terms.

4.1 Fees and Payment Schedule

The client agrees to pay all fees associated with the services provided by Rebrand Trend as detailed in the specific Service Agreement or Statement of Work (SOW). The payment schedule, including amounts and due dates, will be outlined in the SOW and may include a combination of the following:

Initial Deposit: A non-refundable deposit is required at the start of the project to engage services.
Progress Payments: Interim payments based on milestones or specific time intervals, as defined in the SOW.
Final Payment: Due upon completion of the services before the final delivery of the work product.

4.2 Invoicing

Rebrand Trend will issue invoices in accordance with the payment schedule set forth in the Service Agreement. Each invoice will clearly state the payment due date and the methods of payment accepted by Rebrand Trend.

4.3 Late Payments

If payment is not received by the due date, a late fee of [specific percentage] of the invoice amount may be applied every [specific time period; e.g., week] until the full payment is received. Rebrand Trend reserves the right to suspend ongoing work and withhold delivery of services until overdue balances are paid in full.

4.4 Disputed Charges

If the client disputes any portion of an invoice, the client must notify Rebrand Trend in writing within [specific number of days] of receipt of the invoice, detailing the reason for the dispute. The undisputed portion of the invoice must be paid by the due date to avoid late fees. Rebrand Trend and the client will seek to resolve the dispute promptly and in good faith.

4.5 Refunds and Cancellations

Refunds are not typically provided for services rendered by Rebrand Trend. However, if a project is terminated early by the client for any reason not due to a breach by Rebrand Trend, the client will be responsible for the work completed to date at the time of termination. Any advance payment for services not rendered will be refunded, less the non-refundable deposit.

4.6 Changes to Scope

Any changes to the scope of work after the approval of the SOW may result in adjustments to the fees and payment schedule. Such changes must be documented in a revised or new SOW and agreed upon by both parties.

4.7 Taxes

All fees are exclusive of taxes. The client is responsible for all taxes, levies, or duties imposed by taxing authorities related to the client’s use of Rebrand Trend’s services, except for those based on Rebrand Trend’s income.

Section 5: Intellectual Property

All original content and materials produced by the Agency as part of the services will be the client’s property upon final payment of all fees. However, the Agency retains the right to use all work products, designs, and related materials for its portfolio, marketing, and promotional purposes, unless otherwise negotiated.

5.1 Ownership of Client Materials

The client retains all ownership rights to any data, material, and information (collectively, “Client Materials”) they provide for use in the execution of services by Rebrand Trend. The client grants Rebrand Trend a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and publish the Client Materials solely in connection with providing the agreed services.

5.2 Agency Work Product

All original works created by Rebrand Trend in the course of providing services, including but not limited to creative content, graphics, designs, digital materials, and websites, (collectively, “Work Product”) will be considered works made for hire to the extent allowed by law. Upon full payment of all fees and charges, ownership of such Work Product will be assigned to the client. Until payment is completed, Rebrand Trend retains a lien on all Work Product.

5.3 Pre-Existing Intellectual Property

Rebrand Trend retains all rights, title, and interest in and to all pre-existing intellectual property that it may incorporate into the Work Product. Such pre-existing intellectual property includes, but is not limited to, tools, software, templates, methodologies, know-how, and processes. The client will receive a non-exclusive, non-transferable license to use any such pre-existing intellectual property solely within the Work Product as delivered.

5.4 Third-Party Materials

Any third-party materials, including software, images, or other copyright materials incorporated into the Work Product, are subject to the terms and conditions of the respective copyright owners. The client is responsible for adhering to any such third-party licenses and for any license fees or royalties incurred by the use of such materials.

5.5 Use of Work Product for Promotional Purposes

Rebrand Trend retains the right to display and use the Work Product for promotional and marketing purposes, including in its portfolio, on websites, in advertisements, and in other marketing media, unless specifically requested otherwise by the client in writing at the outset of the agreement.

5.6 No Transfer of Trademark Rights

This agreement does not transfer any trademark rights in any material provided by the client or any branding elements created by Rebrand Trend as part of the Work Product.

5.7 Notification of Infringement

If either party becomes aware of any allegations of infringement of any intellectual property rights relating to the services provided, that party shall promptly notify the other party with all details. The notified party will have the right to defend against any such claims and make decisions regarding the litigation or settlement of such claims.

Section 6: Confidentiality

The Agency agrees to keep all client information confidential and will not disclose any information without the client’s express consent, except as required by law.

6.1 Confidential Information

Confidential Information refers to any data or information, oral or written, treated as confidential that a party to this agreement has obtained from the other during the course of the engagement, including but not limited to, business operations, client lists, pricing, marketing strategies, and other proprietary information.

6.2 Obligation of Confidentiality

Both parties agree to retain all confidential information in strict confidence and to not disclose such information to any third party without the prior written consent of the disclosing party. Both parties shall only use confidential information to fulfil their contractual duties under this agreement.

6.3 Duration of Confidentiality Obligation

The obligation of confidentiality imposed by this agreement shall survive the termination of this agreement and remain in effect indefinitely until the confidential information no longer qualifies as confidential or until the disclosing party sends the receiving party written notice releasing them from this obligation.

6.4 Exceptions to Confidentiality

The obligations and restrictions of confidentiality shall not apply to that part of the information that:

Was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party;
Is or becomes publicly known through no breach by the receiving party;
Is received from a third party without breach of any obligation of confidentiality;
Is independently developed by the receiving party without the use of or reference to the disclosing party’s confidential information.

6.5 Secure Handling of Confidential Information

Both parties agree to take all reasonable precautions to protect the confidentiality of confidential information including, but not limited to, using at least the same degree of care as the recipient employs with respect to its own confidential material, but in no case less than reasonable care.

6.6 Disclosure Required by Law

If the receiving party is required by law, regulation, or court order to disclose any of the disclosing party’s confidential information, the receiving party will give prompt written notice to the disclosing party to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure and will disclose only the minimum amount necessary to comply with the legal requirement.

6.7 Return or Destruction of Materials

Upon termination of this agreement, each party shall, upon the request of the disclosing party, return or destroy all materials containing confidential information. The party responsible for the destruction shall provide a written certification of the destruction to the disclosing party.

Section 7: Termination

Either party may terminate the agreement with written notice if the other party breaches these Terms and fails to correct the breach within a specified time frame. Upon termination, the client will be liable for payment of all services rendered up to the point of termination.

7.1 Termination by Notice

Either party may terminate this agreement with immediate effect by giving written notice to the other party if:

7.1.1 Mutual Consent: Both parties mutually agree in writing to terminate the agreement.
7.1.2 Breach: The other party breaches any material obligation provided under these Terms of Service and fails to cure such breach within thirty (30) days of receipt of written notice of such breach.
7.1.3 Insolvency: The other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.

7.2 Termination for Convenience

7.2.1 Client Termination: The client may terminate this agreement for any reason by providing at least sixty (60) days’ written notice to the agency. In such cases, the client shall be responsible for payment of all services performed up to the effective date of termination, as outlined in Section 4 regarding Payment Terms.
7.2.2 Agency Termination: Rebrand Trend may terminate the agreement with thirty (30) days’ written notice if continuing to provide the agreed services becomes unfeasible or the relationship is no longer commercially viable.

7.3 Effects of Termination

Upon termination of this agreement, the following shall occur:

7.3.1 Final Delivery: Rebrand Trend will deliver any work in progress or completed prior to the notice of termination, for which the client will pay the agreed-upon fee prorated up to the termination date.
7.3.2 Return of Materials: Each party will return any property, documentation, records, or confidential information that is the other party’s property.
7.3.3 Payment Obligations: The client is obligated to pay for all services rendered up to the effective date of termination, as per the terms specified in the service agreement.

7.4 Survival

Provisions of these Terms that, by their nature, should survive termination of the agreement will remain in effect after such termination. This includes, but is not limited to, confidentiality obligations, indemnity obligations, and payment obligations incurred prior to termination.

7.5 Notice of Termination

All notices of termination must be in written form and will be considered given on the date of the postmark if sent by mail, or on the date of the electronic transmission receipt if sent by email.

Section 8: Limitation of Liability

The Agency’s liability under these Terms shall be limited to the total amount paid by the client for the services. The Agency will not be liable for any indirect, special, incidental, consequential, or punitive damages.

8.1 General Limitation

Rebrand Trend will perform its duties with reasonable skill and care customary in the industry. However, the agency is not liable for:

8.1.1 Not achieving any anticipated amount of profits or particular result from the services provided.
8.1.2 Delays or failures which result from circumstances beyond its reasonable control.
8.1.3 Any losses or damages clients may suffer due to reliance on the services completed and delivered.

8.2 Financial Limitation

The agency’s total liability under these Terms of Service for any claim is limited to the total fees paid by the client for the services that are the subject of any such claim. This limitation applies regardless of the cause of action or legal theory pled or asserted.

8.3 Consequential Damages

In no event shall Rebrand Trend be liable to the client or any third party for any special, incidental, indirect, consequential, or punitive damages, including but not limited to, loss of data, business interruption, or loss of profits arising out of or in connection with the services provided under these Terms, whether or not the possibility of such damages has been disclosed in advance by the client or could have been reasonably foreseen by the client.

8.4 Specific Disclaimer

Rebrand Trend explicitly disclaims any warranties not set forth herein, including the implied warranties of merchantability and fitness for a particular purpose. Rebrand Trend does not warrant that the services will be uninterrupted or error-free; nor does it make any warranty as to the results that may be obtained from the use of the services.

8.5 Indemnification

The client agrees to indemnify, defend, and hold harmless Rebrand Trend and its directors, officers, employees, subcontractors, agents, successors, or assigns from any and all claims, liabilities, penalties, settlements, judgments, fees and expenses (including attorneys’ fees and costs) which arise from:

8.5.1 The client’s violation of these Terms;
8.5.2 Any violation or failure by the client to comply with all laws and regulations in connection with the use of the services provided.

8.6 Acknowledgment

The client acknowledges that Rebrand Trend has set its prices and entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between Rebrand Trend and the client and form a basis of the bargain between the parties.

Section 9: Indemnification

The client agrees to indemnify and hold harmless the Agency and its agents from any claims, damages, liabilities, costs, or expenses resulting from the client’s breach of these Terms or the content provided by the client for use in the services.

9.1 Indemnity by Client

The client agrees to indemnify, defend, and hold harmless Rebrand Trend and its affiliates, officers, agents, employees, partners, licensors, and successors from any claim, suit, action, or demand made by any third party due to or arising out of:

9.1.1 Client’s use of the services;
9.1.2 Violation by the client of these Terms of Service;
9.1.3 The infringement by the client, or any third party using the client’s account, of any intellectual property or other rights of any person or entity;
9.1.4 Any content submitted by the client’s account to the services;
9.1.5 Breach of any duty of confidentiality by the client or any third party through the client’s accounts;
9.1.6 Engagement in any conduct that violates any applicable law or regulation by the client.

9.2 Procedure for Indemnification

9.2.1 Prompt Notification: Rebrand Trend will promptly notify the client of any claim for which it seeks indemnification. However, failure to promptly notify the client will not relieve the client of their obligations under this section, except to the extent that the failure materially prejudices the client’s ability to defend the claim.
9.2.2 Control of Defense: The client will have control of the defence and all related settlement negotiations with respect to the claim, provided that Rebrand Trend may participate in the defence and the negotiations using its own counsel at its own expense.
9.2.3 Cooperation: Rebrand Trend agrees to cooperate fully with the client in the investigation and defence of such claim and to provide access to the records, information, and personnel necessary to perform the client’s obligations under this indemnity.

9.3 Limitations on Indemnification

9.3.1 No Admission: The client will not, without the prior written consent of Rebrand Trend, settle, dispose or enter into any proposed settlement or resolution of any claim (whether having been finally adjudicated or otherwise) that results in any obligation or liability for Rebrand Trend.
9.3.2 Reasonable Conduct: This indemnity will not apply to a monetary obligation of Rebrand Trend or part thereof, arising from any settlement entered into in violation of this section or any final judicial determination that results from Rebrand Trend’s gross negligence, bad faith, or willful misconduct.

9.4 Indemnity by Rebrand Trend

Rebrand Trend shall indemnify, defend, and hold harmless the client from any claim, suit, action, or demand made by any third party due to or arising out of:

9.4.1 Any gross negligence or willful misconduct by Rebrand Trend in the performance of the services;
9.4.2 Any breach by Rebrand Trend of its warranties as set forth in these Terms of Service;
9.4.3 Any claim that the services provided by Rebrand Trend infringe the intellectual property rights of a third party.

Section 10: Dispute Resolution

Any disputes arising from these Terms of Service will be resolved through arbitration in accordance with the rules of the American Arbitration Association, and the decision of the arbitrator will be final and binding.

10.1 General

All disputes, controversies, or claims arising out of or relating to these Terms of Service, including the formation, interpretation, breach, termination, or validity thereof, will be resolved through the following procedures:

10.2 Negotiation

Before resorting to formal dispute resolution mechanisms, the parties agree to first attempt to resolve any dispute informally through negotiation. The parties will make a good faith effort to resolve any dispute arising out of or relating to these Terms of Service directly between the persons who have the authority to settle the controversy and should allow at least thirty (30) days to reach a resolution through this informal process.

10.3 Mediation

If the dispute cannot be resolved through direct negotiation, the parties agree to participate in at least one mediation session to endeavour to settle the dispute. The mediation will be held in the jurisdiction where Rebrand Trend’s headquarters are located, or at another agreed location, and will be conducted by a mutually agreed-upon mediator.

10.4 Binding Arbitration

If the parties are unable to resolve the dispute through negotiation or mediation within sixty (60) days of initiating the informal negotiation, the dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in the jurisdiction where Rebrand Trend’s headquarters are located and will be conducted in English.

10.4.1 Arbitrator’s Authority: The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law and will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.
10.4.2 Confidentiality: The arbitration proceeding and its results will be kept confidential by all parties.
10.4.3 Final and Binding: The arbitrator’s award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

10.5 Exceptions to Arbitration

Disputes involving claims for injunctive or equitable relief arising from intellectual property infringement or misappropriation claims may be brought in any court having jurisdiction over the parties without the need to undergo negotiation, mediation, or arbitration.

10.6 Governing Law

This Agreement and any disputes arising out of it will be governed by the laws of the state in which Rebrand Trend’s headquarters are located, excluding its conflicts of law rules.

Section 11: Miscellaneous

These Terms constitute the entire agreement between the parties regarding the subject matter hereof. Any modifications to these Terms must be made in writing and signed by both parties.

11.1 Entire Agreement

This Agreement, together with any other documents incorporated herein by reference and all related exhibits, schedules, attachments, and appendices, constitutes the entire agreement between Rebrand Trend and the client regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.

11.2 Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement remain in full force, provided that the essential terms and conditions of this Agreement for both parties remain valid, binding, and enforceable.

11.3 Amendments

No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is to be asserted.

11.4 Waiver

No failure or delay by either party in exercising any right, power, or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.

11.5 Assignment

The client may not assign, transfer, or delegate any or all of its rights, responsibilities, or obligations under this Agreement without the prior written consent of Rebrand Trend. Any purported assignment without such consent will be null and void. Rebrand Trend may assign its rights and obligations under this Agreement to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without consent.

11.6 Force Majeure

Neither party will be liable for any failure or delay in performing an obligation under this Agreement that is due to causes beyond its reasonable control, such as natural disasters, acts of government, acts of terror, civil unrest, technical failures, or disruptions in telecommunications networks.

11.7 Notices

All notices, requests, consents, claims, demands, waivers, and other communications hereunder must be in writing and addressed to the relevant parties at their address as set forth on the face of the Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this provision). Notices sent in accordance with this section will be deemed effectively given: (a) when received if delivered personally; (b) on the date sent by facsimile or email of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; and (c) on the third day after the date mailed by certified or registered mail, return receipt requested, postage prepaid.

11.8 Governing Law

This Agreement and any disputes arising from or relating to the interpretation thereof shall be governed by and construed under the laws of the state where Rebrand Trend’s headquarters is located, without regard to conflict of law principles.

Section 12: Governing Law

These Terms will be governed by and construed in accordance with the laws of the state in which the Agency is headquartered, without regard to its conflict of laws rules.

12.1 Applicable Law

This Agreement and all related documents, including any exhibits, schedules, and attachments, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the state in which Rebrand Trend’s headquarters are located, United States of America, without giving effect to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of [State Name].

12.2 Jurisdiction

The parties irrevocably and unconditionally agree that they will not commence any action, litigation, or proceeding of any kind whatsoever against the other in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, including contract, equity, tort, fraud, and statutory claims, in any forum other than the state and federal courts located in [City, State]. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the state and federal courts located in [City, State].

12.3 Venue

The parties agree that the exclusive venue for any disputes arising out of or related to this Agreement shall be the state and federal courts located in [City, State]. Each party agrees that such a venue is appropriate and convenient. The parties waive any objection to venue and jurisdiction of any action instituted hereunder and shall not assert any defence based on lack of jurisdiction or venue or based upon forum non conveniens.

12.4 Waiver of Jury Trial

Each party hereby waives to the fullest extent permitted by applicable law any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under, or in connection with this Agreement. Each party (a) certifies that no representative, agent, or attorney of any other party has represented, expressly or otherwise, that such other party would not, in the event of litigation, seek to enforce that foregoing waiver and (b) acknowledges that it and the other party have been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section 12.4.

Conclusion

It is vital that clients read and fully understand these Terms of Service before signing and engaging with Rebrand Trend for digital marketing services. By signing, you acknowledge that you have read, understood, and agree to be bound by these terms.

Last Update: 23 April 2024.