Terms & Conditions
Welcome to herbay.agency. These Terms and Conditions ("Terms") govern your use of our services. By engaging our services, you agree to abide by these Terms. Please read them carefully.Services Offered
We offer two primary service models:a) Branding Packages: Pre-defined sets of branding services.
b) Subscription Model: Monthly subscription for ongoing design services.
Branding Packages
Our branding packages are productized offers containing a set of specific services. Each package includes:- A defined set of deliverables (e.g., logo design, typography selection, color palette)
- One revision per service included in the package
- Additional revisions may incur extra charges, to be agreed upon before work commences
- Packages are non-refundable once work has commenced
Subscription Model
Our subscription model operates as follows:- Clients pay a monthly fee for access to our design services
- Unlimited design requests can be submitted
- We work on and deliver one request at a time
- Average turnaround time is 3-5 business days per request where complex request can take longer.
- Unlimited revisions are included for each request
- Subscriptions can be cancelled at any time, effective at the end of the current billing cycle
Payment and Refunds
- All payments are processed securely through Stripe- Invoicing and payment processing are handled by Planetaware OÜ, as an partner of herbay.agency
- For subscriptions, payments are charged on a monthly basis
- Branding packages are paid upfront or as per agreed payment schedule
- No refunds will be issued for completed work or unused subscription time
- In the event of a dispute, any refund will be at the discretion of Planetaware OÜ
- Non-payment may result in suspension of services
Client Responsibilities
Clients agree to:- Provide clear briefs and necessary materials for design work
- Review completed work in a timely manner
- Provide feedback through our designated project management software
- Indicate final approval of designs by updating the task status in our project management system
- Ensure they have the necessary rights to any materials provided to us for use in designs
Communication and Project Management
- Primary communication will be through our designated project management software- Clients will be notified of completed tasks via this software
- It is the client's responsibility to regularly check and respond to updates in the project management system
Intellectual Property Rights
Upon full payment, clients receive full ownership rights to the final approved designsOwnership transfer occurs only after full payment is received
herbay.agency retains the right to showcase completed work in our portfolio unless otherwise agreed in writing
herbay.agency reserves the right to use any custom tools or methodologies developed during the project for future work
Confidentiality and Data Protection
- We treat all client information and project details as confidential- We may sign additional Non-Disclosure Agreements (NDAs) upon request
- Clients agree not to disclose any confidential information about our processes or proprietary methods
- Both parties agree to comply with relevant data protection laws (e.g., GDPR, CCPA)
- herbay.agency will handle client data securely and only for the purposes of providing the agreed services
Limitation of Liability and Warranty Disclaimer
We are not responsible for any consequential, indirect, or incidental damages or lost profits resulting from the use of our servicesWhile we strive for excellence, we do not warrant that deliverables will be error-free or meet specific business objectives
Indemnification
The client agrees to indemnify and hold harmless herbay.agency, its employees, and affiliates from any third-party claims, actions, or demands arising from the client's use of the delivered work or the client's violation of these Terms.Termination of Services
- We reserve the right to terminate services if these Terms are breached, in cases of non-payment, or if cooperation becomes untenable- Clients can terminate subscription services at any time, effective at the end of the current billing cycle
- Any work completed up to the point of termination will be billed and payable
- In case of termination, handling of unfinished work or unused subscription time will be determined on a case-by-case basis
Dispute Resolution
In the event of a dispute:- Both parties agree to first attempt to resolve any issues through direct communication
- If direct communication fails, both parties agree to enter into mediation before pursuing any legal action
- The costs of mediation will be shared equally between the client and herbay.agency
- Any unresolved disputes will be settled through binding arbitration
Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: natural disasters, pandemics, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.Revisions and Scope of Work
- A "revision" is defined as a round of changes to a specific deliverable- Work requests that fall outside the agreed scope will be subject to additional charges, to be agreed upon before work commences
- Clients must provide feedback and request revisions within 5 business days of receiving deliverables, otherwise we are not obligated to start working on next request in the queue.
Subcontracting
herbay.agency reserves the right to subcontract any services we perform for the client. In such cases, we maintain full responsibility for the quality and timely delivery of all work.Changes to Terms
- We reserve the right to modify these Terms at any time- Clients will be notified of significant changes via email
- Continued use of our services after changes constitutes acceptance of the new Terms
Severability
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.Entire Agreement
We are not responsible for any consequential, indirect, or incidental damages or lost profits resulting from the use of our servicesWhile we strive for excellence, we do not warrant that deliverables will be error-free or meet specific business objectives
Contact
If you have any questions about terms and conditions, please contact us at contact@herbay.agencyNeed something specific?
Get in TouchHave a question? We'd love to hear from you.
EmailContact us today to discuss your design needs.
contact@herbay.agency
Live AI chatChat with our AI team member in real-time for immediate assistance.
Start new chatTransform your brand with HerbayWe offer premium branding packages and design services for cannabis brands.
Terms & Conditions
Welcome to herbay.agency. These Terms and Conditions ("Terms") govern your use of our services. By engaging our services, you agree to abide by these Terms. Please read them carefully.Services Offered
We offer two primary service models:a) Branding Packages: Pre-defined sets of branding services.
b) Subscription Model: Monthly subscription for ongoing design services.
Branding Packages
Our branding packages are productized offers containing a set of specific services. Each package includes:- A defined set of deliverables (e.g., logo design, typography selection, color palette)
- One revision per service included in the package
- Additional revisions may incur extra charges, to be agreed upon before work commences
- Packages are non-refundable once work has commenced
Subscription Model
Our subscription model operates as follows:- Clients pay a monthly fee for access to our design services
- Unlimited design requests can be submitted
- We work on and deliver one request at a time
- Average turnaround time is 3-5 business days per request where complex request can take longer.
- Unlimited revisions are included for each request
- Subscriptions can be cancelled at any time, effective at the end of the current billing cycle
Payment and Refunds
- All payments are processed securely through Stripe- Invoicing and payment processing are handled by Planetaware OÜ, as an partner of herbay.agency
- For subscriptions, payments are charged on a monthly basis
- Branding packages are paid upfront or as per agreed payment schedule
- No refunds will be issued for completed work or unused subscription time
- In the event of a dispute, any refund will be at the discretion of Planetaware OÜ
- Non-payment may result in suspension of services
Client Responsibilities
Clients agree to:- Provide clear briefs and necessary materials for design work
- Review completed work in a timely manner
- Provide feedback through our designated project management software
- Indicate final approval of designs by updating the task status in our project management system
- Ensure they have the necessary rights to any materials provided to us for use in designs
Communication and Project Management
- Primary communication will be through our designated project management software- Clients will be notified of completed tasks via this software
- It is the client's responsibility to regularly check and respond to updates in the project management system
Intellectual Property Rights
Upon full payment, clients receive full ownership rights to the final approved designsOwnership transfer occurs only after full payment is received
herbay.agency retains the right to showcase completed work in our portfolio unless otherwise agreed in writing
herbay.agency reserves the right to use any custom tools or methodologies developed during the project for future work
Confidentiality and Data Protection
- We treat all client information and project details as confidential- We may sign additional Non-Disclosure Agreements (NDAs) upon request
- Clients agree not to disclose any confidential information about our processes or proprietary methods
- Both parties agree to comply with relevant data protection laws (e.g., GDPR, CCPA)
- herbay.agency will handle client data securely and only for the purposes of providing the agreed services
Limitation of Liability and Warranty Disclaimer
We are not responsible for any consequential, indirect, or incidental damages or lost profits resulting from the use of our servicesWhile we strive for excellence, we do not warrant that deliverables will be error-free or meet specific business objectives
Indemnification
The client agrees to indemnify and hold harmless herbay.agency, its employees, and affiliates from any third-party claims, actions, or demands arising from the client's use of the delivered work or the client's violation of these Terms.Termination of Services
- We reserve the right to terminate services if these Terms are breached, in cases of non-payment, or if cooperation becomes untenable- Clients can terminate subscription services at any time, effective at the end of the current billing cycle
- Any work completed up to the point of termination will be billed and payable
- In case of termination, handling of unfinished work or unused subscription time will be determined on a case-by-case basis
Dispute Resolution
In the event of a dispute:- Both parties agree to first attempt to resolve any issues through direct communication
- If direct communication fails, both parties agree to enter into mediation before pursuing any legal action
- The costs of mediation will be shared equally between the client and herbay.agency
- Any unresolved disputes will be settled through binding arbitration
Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: natural disasters, pandemics, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.Revisions and Scope of Work
- A "revision" is defined as a round of changes to a specific deliverable- Work requests that fall outside the agreed scope will be subject to additional charges, to be agreed upon before work commences
- Clients must provide feedback and request revisions within 5 business days of receiving deliverables, otherwise we are not obligated to start working on next request in the queue.
Subcontracting
herbay.agency reserves the right to subcontract any services we perform for the client. In such cases, we maintain full responsibility for the quality and timely delivery of all work.Changes to Terms
- We reserve the right to modify these Terms at any time- Clients will be notified of significant changes via email
- Continued use of our services after changes constitutes acceptance of the new Terms
Severability
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.Entire Agreement
We are not responsible for any consequential, indirect, or incidental damages or lost profits resulting from the use of our servicesWhile we strive for excellence, we do not warrant that deliverables will be error-free or meet specific business objectives
Contact
If you have any questions about terms and conditions, please contact us at contact@herbay.agencyNeed something specific?
Get in TouchHave a question? We'd love to hear from you.
EmailContact us today to discuss your design needs.
contact@herbay.agency
Live AI chatChat with our AI team member in real-time for immediate assistance.
Start new chatTransform your brand with HerbayWe offer premium branding packages and design services for cannabis brands.