Effective date: 15 September 2026
These Terms & Conditions (“Terms”) govern access to this website and the advertising, branding, and campaign services provided by Brandpost (“Brandpost”, “we”, “us”). By using this website, submitting a brief, or instructing us to proceed with work, you agree to these Terms. A signed proposal, statement of work, or insertion order may add project-specific terms. If there is a conflict, the signed document controls for that project.
How we handle personal information is described in our Privacy Policy.
Contents
Brandpost is an advertising studio. We plan and produce brand identities, campaign creative, content, and media systems for commercial clients. Enquiries: info@brandpostad.com.
In these Terms, “Client” means the company or person that requests a proposal or commissions work. “Work” means the ideas, designs, copy, artwork, films, strategies, media plans, and other materials we prepare. “Campaign” means advertising or branded content intended for public or targeted distribution.
This site is provided for information about Brandpost and to receive project enquiries. You may not copy, scrape, reverse engineer, or commercially reuse our site content, case studies, or visual identity without written permission. Do not attempt to interfere with the site’s security or availability.
Materials shown in our work examples are for illustration of our craft. They do not grant you a licence to use those brands, images, or campaigns. Third-party names and marks belong to their owners.
We may change or withdraw site content at any time. Website copy is not a binding offer. A contract for services exists only when we accept a written brief or you accept a written proposal.
Unless a proposal says otherwise, our services may include brand strategy and identity; campaign concept and design; copywriting; art direction; production management; packaging and collateral; social and digital assets; and media planning or buying support.
We provide professional advertising services, not legal, medical, financial, or regulatory advice. Legal clearance of advertising, product claims, packaging, promotions, contests, or comparative claims is the Client’s responsibility unless we are separately engaged in writing to coordinate a named clearance counsel.
We do not guarantee commercial results, including sales, leads, awards, search ranking, cost per acquisition, or a specific volume of impressions or engagement. Advertising performance depends on budget, product, price, season, competition, platform algorithms, and factors outside our control.
Unless an exclusive retainer is agreed in writing, Brandpost may work with other clients, including those in adjacent categories.
The Client must provide, in good time: a clear brief; accurate product and offer information; brand assets; access to stakeholders for feedback; and any customer, employee, or audience data needed for targeting, in a form the Client is lawfully entitled to use.
The Client warrants that materials it supplies (including logos, products, claims, testimonials, customer lists, music, footage, and talent) do not infringe third-party rights and are accurate, lawful, and capable of being advertised in the intended markets.
Where a Campaign will be served on Meta, Google, TikTok, Amazon, programmatic networks, or similar platforms, the Client remains responsible for complying with each platform’s advertising policies and for any advertiser account standing in the Client’s name.
If the Client asks us to use personal data for advertising (lookalike audiences, customer match, retargeting lists, or similar), the Client warrants it has a lawful basis, required notices, and any consents. Brandpost will process that data only on the Client’s documented instructions, as described in the Privacy Policy.
Fees are those set out in the proposal, rate card, or statement of work. Estimates are exclusive of taxes, stock licences, talent, music, photography, illustration, printing, production, travel, and third-party media spend unless listed as included.
A non-refundable deposit (typically fifty percent of creative fees, or as stated in the proposal) is due before work starts. Remaining fees are due on milestones or on delivery, as invoiced. Media budgets are payable in advance of booking unless we agree otherwise in writing.
Invoices are due within fourteen (14) days of the invoice date unless the proposal states another term. Late amounts may accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower. We may pause work, withhold files, or pause media if invoices are overdue.
Third-party costs incurred with the Client’s approval (including stock, fonts for desktop use, retouching, couriers, and platform fees) are recharged at cost plus any handling fee stated in the proposal.
The written brief and approved proposal define the scope. Changes to audience, offer, channels, formats, or number of variants after kickoff are additional work and may change fees and timetable.
Unless the proposal states another number, creative fees include two rounds of reasonable revisions at each agreed stage (for example: concept, then design). Further revisions, new concepts after approval, or rush work are charged at our then-current rates.
The Client must review proofs, animatics, copy, claims, and media plans promptly. Written approval (including email or project-tool confirmation) authorises us to proceed to the next stage or to publish. Once the Client approves final artwork or a go-live, subsequent changes are new work.
If the Client delays feedback, assets, or payment, delivery dates move accordingly. We are not liable for missed launch windows caused by Client delay, platform review, or force majeure.
Client materials. The Client retains rights in assets it supplies. The Client grants Brandpost a licence to use those assets solely to perform the services and to display finished Work in our portfolio, unless the Client objects in writing before publication of the case study.
Brandpost materials. We retain all rights in our pre-existing tools, methods, mood references, unused concepts, internal files, software, and know-how. Unused pitches remain our property and must not be produced by another studio without a licence fee.
Deliverables. Upon full payment of all fees and third-party costs for a project, Brandpost assigns to the Client the copyright in original final deliverables created uniquely for that project (for example, approved logo artwork, campaign key visuals, and final edited films), excluding third-party materials and our pre-existing materials.
Third-party licences. Fonts, stock photography, illustration, music, sound libraries, footage, software, and similar items are licensed, not sold. Those licences may be limited by territory, duration, media, and exclusivity. The Client is responsible for purchasing extended or perpetual licences where needed for packaging, broadcast, out-of-home, or long-term brand use. We will identify known third-party items in handover notes where practical.
Portfolio. Unless a confidentiality or embargo agreement says otherwise, Brandpost may show the Work, Client name, and Campaign stills in our website, pitches, awards, and social channels after the work is public or after an agreed embargo.
Source files (working PSD, AI, AE, RAW, or similar) are supplied only if listed in the proposal. Otherwise, handover is in industry-standard finished formats.
Advertising must be legal, decent, honest, and truthful in the markets where it runs. The Client is solely responsible for:
We may refuse or pause work that we reasonably believe is unlawful, misleading, defamatory, discriminatory, or likely to breach platform policy. Refusal does not waive fees for work already performed.
Brandpost is not liable for regulatory investigation, platform takedown, competitor complaint, or consumer claim arising from Client-approved copy, claims, offers, or targeting instructions.
If we plan or buy media, we act as the Client’s agent unless the insertion order says we act as principal. Media owners and platforms contract on their own terms. The Client authorises us to accept those terms on the Client’s behalf for the Campaign.
Media invoices from platforms or owners are payable by the Client. Brandpost is not a credit provider. If we advance media cost, the Client must reimburse us on demand.
Platform review, auction pricing, frequency capping, brand-safety tools, and algorithm changes can reduce delivery. Estimated reach is not a guarantee. We are not responsible for inventory shortages, disapproved ads, account suspensions, or reporting discrepancies inherent to third-party dashboards.
Tracking pixels, SDKs, and conversion APIs are implemented only with the Client’s instruction. The Client must configure cookie notices and consent where required by law.
Use of models, employees, customers, influencers, or recognisable individuals requires appropriate release and, where needed, payment. The Client must confirm that any user-generated content it asks us to amplify may be used in advertising.
Influencer and creator campaigns remain subject to advertising disclosure rules. We do not control a creator’s other posts. The Client is responsible for briefing product claims that creators may repeat.
Synthetic media, voice clones, or likeness generated by AI may not be used to depict a real person without that person’s documented authorisation, and must comply with applicable deepfake, publicity, and advertising rules.
Each party will keep confidential the other party’s non-public business information, unpublished campaigns, and pricing, and will use it only to perform the project. This does not apply to information that is public, independently developed, or required to be disclosed by law. We may name the Client as a client unless asked not to in writing.
Unpublished creative remains confidential until the Client launches or agrees it may be shown.
The Client may cancel a project in writing. The Client will pay for all work performed up to cancellation, approved third-party costs that cannot be recovered, and:
Deposits are credited against those amounts and are otherwise non-refundable. Booked production (studios, crews, talent, print) cancelled by the Client is payable according to those suppliers’ terms.
Brandpost may terminate for material breach (including non-payment) if not cured within ten days of notice, or immediately if required by law or platform policy.
Services are provided with reasonable skill and care of a professional advertising studio. Except as required by law, we disclaim all other warranties, including fitness for a particular commercial result.
To the fullest extent permitted by law, Brandpost’s aggregate liability arising out of a project or these Terms is limited to the creative fees actually paid to Brandpost for that project in the three months before the claim (excluding media spend and third-party pass-through costs). We are not liable for indirect, incidental, special, consequential, or punitive damages, lost profits, lost data, reputational harm, or loss of goodwill.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited by law.
The Client will indemnify and hold harmless Brandpost and our personnel from claims, losses, penalties, and reasonable legal costs arising from: Client materials; Client-approved claims or offers; targeting lists supplied by the Client; alleged infringement of third-party rights in Client brand assets; promotional mechanics the Client runs; and the Client’s breach of these Terms or applicable advertising, consumer, or data-protection law.
Neither party is liable for delay caused by events beyond reasonable control, including platform outages, labour disputes, illness, failure of suppliers, or changes in law.
We may update these Terms by posting a revised version on this page. The “effective date” will change. Continued use of the website after that date constitutes acceptance. For an active project, material changes to commercial terms apply only if both parties agree in writing, except where a change is required by law or by a media platform.
If a provision is held unenforceable, the remaining provisions continue. These Terms are the entire agreement for website use and, together with the accepted proposal, for services, and supersede prior discussions on the same subject.
These Terms are governed by the laws of the jurisdiction in which Brandpost principally operates, without regard to conflict-of-law rules. The courts of that jurisdiction have exclusive venue, except that Brandpost may seek injunctive relief in any forum to protect intellectual property or confidential information.
Questions about these Terms: info@brandpostad.com.