Contract Document
Service Agreement
This agreement governs the provision of all graphic design, visual identity, digital marketing and related services offered by EIV Branding, including those described on eleganceiv.com, in its portfolio, or in a specific commercial proposal sent to the Client.
1. Scope of the Agreement
Services covered by this agreement.
EIV Branding provides graphic design, visual identity, digital marketing and online presence management services, including but not limited to:
- Logo Design
- Complete Visual Identity
- Custom Forms and Documents
- Landing Pages and Corporate Websites
- Social Media (content planning and creation)
- Paid Traffic Management
- CRM and Customer Service Automation
- Naming (brand name creation)
- Trademark Registration (consulting and administrative follow-up)
- Any other service described on the official website, in the portfolio, or in a specific commercial proposal sent to the Client
The specific scope contracted, the fees, the deadlines and the deliverables of each service are set out in the corresponding commercial proposal previously sent to the Client, which becomes an integral part of this agreement as an annex for all purposes.
2. Acceptance and Validity
How this agreement takes effect.
2.1
This agreement is deemed accepted from the moment the Client expresses agreement by any of the following means: (a) ticking the option “I agree to the terms of this agreement” on the EIV Branding digital platform; (b) making full or partial payment for the contracted service, even where the engagement took place via WhatsApp, e-mail or another informal channel; or (c) submitting the completed briefing and allowing execution of the service to begin.
2.2
Any of the actions above constitutes an unequivocal expression of intent and acceptance of the clauses of this agreement, under articles 104, 107 and 425 of the Brazilian Civil Code, which recognise the validity of contracts entered into in non-solemn form, including electronically.
2.3
EIV Branding recommends that the Client read this agreement in full before making payment or ticking the acceptance option.
3. Service-Specific Terms
Specific rules for each service.
The rules below apply to the service actually contracted by the Client, as described in the corresponding commercial proposal.
3.1 · Logo Design
3.1.1
The Client receives 5 (five) logo concepts to choose from, delivered within 3 (three) business days after receipt of the complete briefing.
3.1.2
The Client may request up to 5 (five) free revisions to the selected concept.
3.1.3
Revisions beyond the 5 free ones are charged at BRL 10.00 (approx. USD 2.00) each.
3.1.4
Requesting an entirely new logo concept, without approving one of the concepts already presented, carries an additional cost of BRL 50.00 (approx. USD 10.00) per concept.
3.1.5
After final approval of the logo, any further changes require a separate quote.
3.1.6
Each requested revision adds up to 72 hours to the delivery time.
3.2 · Complete Visual Identity and Other Artwork
3.2.1
Includes 1 (one) version of each artwork item foreseen in the proposal (business card, stationery, social media, among others), delivered within 7 (seven) business days after final approval of the logo.
3.2.2
The Client may request up to 3 (three) free revisions per artwork item.
3.2.3
Revisions must be requested within 7 (seven) calendar days after delivery of the respective artwork.
3.2.4
Revisions beyond the 3 free ones are charged at BRL 10.00 (approx. USD 2.00) each.
3.2.5
Revisions requested after the 7 calendar day window require a separate quote.
3.3 · Custom Forms and Documents
3.3.1
The set of documents contracted and the number of templates follow what is specified in the commercial proposal.
3.3.2
The Client may request up to 3 (three) free revisions per template, within 7 (seven) calendar days after delivery.
3.3.3
The technical, legal or clinical content of each document (terms, clauses, professional information) is the responsibility of the Client or of a duly qualified professional. EIV Branding is responsible exclusively for the artwork and layout.
3.4 · Landing Pages and Websites
3.4.1
The delivery deadline is the one specified in the commercial proposal, counted from receipt of all required content (copy, images and information).
3.4.2
Domain and hosting are not included, unless expressly stated otherwise in the proposal, and must be contracted in the Client’s own name.
3.4.3
Content or structural changes after the page has been published may be quoted separately.
3.5 · Social Media and Paid Traffic Management
3.5.1
These are continuing services, billed monthly, with automatic renewal, unless cancelled in accordance with clause 3.5.4.
3.5.2
Advertising spend (media budget) is not included in the management fee and is paid directly by the Client to the advertising platform used.
3.5.3
EIV Branding does not guarantee specific results in reach, engagement, conversion or revenue, as these depend on factors outside its control, including market behaviour, competition and the policies of the platforms used.
3.5.4
Cancellation of monthly services must be requested in writing (e-mail or WhatsApp) at least 15 (fifteen) days before the next renewal date, failing which the following cycle will be charged.
3.5.5
Content and campaigns in production at the time of cancellation are completed normally, with no pro-rata refund for the cycle already started.
3.6 · CRM and Customer Service Automation
3.6.1
The service consists of implementing and configuring a contact management and automation structure on a third-party platform, as specified in the proposal.
3.6.2
Any subscription fees charged by the platform used, as well as costs for SMS, WhatsApp, e-mail or artificial intelligence usage, are not included in the EIV Branding service fee and are the Client’s responsibility.
3.6.3
The CRM organises contacts, scheduling and commercial relationships. It does not replace electronic health record systems, case management systems, or any system regulated by a professional council or licensing body.
3.6.4
It is the Client’s exclusive responsibility to ensure that use of the platform and the processing of personal and sensitive data comply with applicable data protection law — including the Brazilian General Data Protection Law (Law 13.709/2018 — LGPD) and, where applicable, the EU General Data Protection Regulation (GDPR) — as well as with the ethical rules of the Client’s profession.
3.7 · Naming (Brand Name Creation)
3.7.1
Digital availability and trademark searches carried out during the naming process are preliminary in nature and do not replace a full legal feasibility search or a technical registrability opinion.
3.7.2
Approval of a name by EIV Branding does not guarantee availability of the domain or social media handles, nor the granting of trademark registration by the competent trademark office.
3.7.3
Name options and visual concepts not selected by the Client remain unapproved creations and may not be used, reproduced or registered by the Client or by third parties without authorisation from EIV Branding.
3.8 · Trademark Registration
3.8.1
The service comprises diagnosis, feasibility search, filing strategy, preparation and submission of the application before the competent trademark office — in Brazil, the INPI (National Institute of Industrial Property) — and ordinary administrative follow-up, as specified in the proposal.
3.8.2
Official government fees are not included in the EIV Branding professional fees and are paid directly by the Client to the relevant authority.
3.8.3
The decision to grant or refuse the application belongs exclusively to the trademark office. EIV Branding does not guarantee that registration will be granted.
3.8.4
Examination and decision timelines are defined exclusively by the trademark office and are not controlled by EIV Branding.
3.8.5
Services not expressly foreseen in the proposal — such as responses to oppositions, compliance with office actions, administrative appeals, assignment of ownership, international registration or renewal — are not included and are quoted separately.
3.9 · Delivery and File Formats
3.9.1
Files are delivered by e-mail, Google Drive, WhatsApp or another cloud platform defined by EIV Branding, in the formats applicable to each type of delivery (e.g. PDF, PNG, JPG, vector/AI-EPS, or access to online systems).
3.9.2
EIV Branding works exclusively on the creation of digital artwork and materials. Physical production of printed materials is not included in any service, unless expressly stated otherwise.
4. Client Responsibilities
What the Client must ensure.
4.1
To choose and take responsibility for the trade name, brand or other intellectual property elements used, including in respect of any conflicts with third-party trademarks.
4.2
To complete the briefing fully and truthfully and to collaborate actively throughout the creative process, responding to requests within the timeframes communicated.
4.3
If the Client does not state preferences in the briefing, EIV Branding will develop the material according to its own technical and creative judgement, and the result will be considered accepted by the Client for approval purposes.
4.4
The Client has 90 (ninety) days, counted from the start of the project or from the last interaction, to complete all approvals. After this period the project is considered abandoned, files may be discarded, and continuing the work will require a new engagement.
4.5
To validate, technically and legally, the content of documents, forms, terms and professional information supplied or used in the materials created by EIV Branding.
4.6
To make payments within the agreed timeframes, failing which services may be suspended until the situation is regularised.
4.7
The Client agrees that no right of withdrawal applies once execution of the contracted service has effectively begun, except as provided in clause 8.
5. Intellectual Property
Who owns what is created.
5.1
After full payment of the agreed amount, ownership of the final, approved artwork is transferred to the Client, for use in line with the contracted purpose.
5.2
EIV Branding retains the right to display the materials created in its portfolio, website and social media, unless the Client objects expressly, in writing and with justification.
5.3
The Client may optionally provide a testimonial about the service received, authorising EIV Branding to publish it.
5.4
Concepts, drafts and proposals not approved by the Client remain the property of EIV Branding and may not be used, reproduced or registered without authorisation.
6. Personal Data Protection
How we handle the Client’s data.
6.1
EIV Branding processes the personal data provided by the Client (name, contact details, documents and other briefing information) exclusively for the performance of the contracted services, compliance with legal obligations and the commercial relationship, in accordance with applicable data protection legislation — the Brazilian General Data Protection Law (Law 13.709/2018 — LGPD) and, where applicable to the Client, the EU General Data Protection Regulation (GDPR).
6.2
Data is not shared with third parties unrelated to the performance of the service, except where required by law or by a competent authority, or where necessary to operate tools contracted by the Client itself (e.g. CRM, advertising or hosting platforms).
6.3
The Client is responsible for ensuring that third-party data (patients, end customers, staff) entered into forms, CRM systems or created materials has an adequate legal basis for processing under the applicable legislation.
6.4
Questions or requests relating to personal data may be sent to contato@eleganceiv.com.
7. Confidentiality
Secrecy over the information exchanged.
7.1
Information exchanged between EIV Branding and the Client during the provision of services is treated as confidential.
7.2
The duty of confidentiality remains in force throughout the term of this agreement and for an indefinite period after its termination, in respect of sensitive information about the Client’s business.
8. Refund and Cancellation Policy
When a refund is possible.
8.1
One-off delivery services (e.g. Logo, Visual Identity, Custom Documents, Landing Page, Naming, Trademark Registration): once execution has begun (briefing submitted, research or development started), amounts paid are non-refundable.
8.2
A full refund is only possible where the briefing has not been completed and the service has not been started within 7 (seven) calendar days after payment.
8.3
Continuing services (Social Media, Paid Traffic, CRM when recurring) follow the cancellation rules in clause 3.5.4, with no refund for the cycle in progress.
8.4
Fees and amounts paid directly to public authorities (e.g. trademark offices) or to third-party platforms follow the refund rules of the respective authority or platform and are not administered by EIV Branding.
9. Trademark, Support and General Provisions
Remaining conditions of the agreement.
9.1
Except where the Trademark Registration service has been expressly contracted, it is the Client’s responsibility to register its brand and/or logo with the competent authorities for additional legal protection.
9.2
EIV Branding is not liable for availability checks, conflicts with third-party registered trademarks, or the consequences of using an unregistered brand.
9.3
Support is provided exclusively via written messages — WhatsApp, e-mail or another digital platform used by EIV Branding. Support by telephone call is not provided. Communications and approvals recorded in writing through these channels are valid for all purposes of this agreement.
9.4
Fees are invoiced in the currency stated in the accepted commercial proposal. Amounts shown in US dollars in this agreement are indicative conversions of the corresponding amounts in Brazilian reais (BRL) and may vary with the exchange rate; the amount stated in the accepted commercial proposal prevails. Bank transfer, currency conversion and intermediary bank charges are borne by the Client.
9.5
This English version is provided for the convenience of international clients. In the event of any discrepancy, the Portuguese version available at contrato.eleganceiv.com prevails.
9.6
EIV Branding may update the terms of this agreement to reflect changes to its services, website or applicable legislation. The version in force on the engagement date governs the relationship between the parties; future changes do not affect engagements already accepted, except where required by law.
9.7
This agreement constitutes the entire understanding between the parties as to its subject matter, prevailing over any previous verbal understandings, except for the specific conditions of each accepted commercial proposal.
9.8
If any clause of this agreement is held void or unenforceable, the remaining clauses remain in full force and effect.
9.9
EIV Branding is not liable for events beyond its reasonable control (force majeure), including instability of third-party platforms, public authorities or internet providers, which may delay the performance of the services.
9.10
This agreement is governed by the laws of the Federative Republic of Brazil. The parties elect the courts of the Judicial District of São Paulo/SP, Brazil, to settle any disputes arising from this agreement, waiving any other, however privileged it may be.
Acceptance of Terms
Confirm that you have read and agree to this agreement.
By ticking the option below and clicking “Accept and Continue”, or by paying for the contracted service through any channel (website, WhatsApp, e-mail), the Client declares that they have read, understood and fully agree to all clauses of this agreement.
Acceptance recorded. Thank you — your agreement to the EIV Branding Service Agreement was confirmed on this device on . Please save or print a copy of this page for your records.
We recommend saving or printing a copy of this page (or of the confirmation shown above) for your records, together with your payment receipt or the accepted commercial proposal.