BrandStencil: Web Application Terms of Use

The following terms and conditions apply to all BrandStencil accounts. Electric Putty Ltd reserves the right to update and change these Terms of Use at any time. The addition of any new features that change or enhance the current service shall be subject to these terms and conditions.

BrandStencil is a service operated by Electric Putty Ltd, a UK registered company (5237818). Registered at The Werks, 45 Church Road, Hove, BN3 2BE.

Definitions

  • We’ and ‘us’ – Electric Putty Ltd
  • You’ and ‘account’– The client/account holder
  • ‘The service’ - BrandStencil service
  • A template’ - A BrandStencil specific web-editable template which can be used to generate custom PDF and Image files.

The Service

  1. BrandStencil is a web application that allows you to create, store, and download resources.
  2. Artwork created in BrandStencil can be customised and downloaded in Image and PDF formats.
  3. Your BrandStencil plan determines the level of service you will receive.
  4. Template creation is charged separately.

Service Level Agreement

  1. The BrandStencil server is constantly monitored. Should the service go offline, it will be automatically restarted.
  2. All data is stored securely in our state of the art, UK based data center. For more information please refer to our Security Policy.
  3. By opening an account with BrandStencil.com you are accepting our Terms of Use. This is an agreement for services and you are not granted a licence to any software.
  4. It is understood that, in order to use the application effectively, a modern browser such as Internet Explorer 10+ is required.
  5. A stable internet connection is required.
  6. As a SaaS product BrandStencil is constantly being updated. Under normal circumstances these updates will not interrupt use of the application. For information on these updates please refer to our Change log.

Term of Service

  1. Opening a free trial account gives you 3 months access to the BrandStencil service.
  2. The free trial includes the creation of one template from artwork which you supply.
  3. Your free template must be ‘simple’ and not take longer than 4 hours to convert.
  4. After 3 months you can choose to start a paid subscription to BrandStencil or close your account.
  5. You can cancel your account at any time.
  6. The number of users your account can have is determined by your plan.
  7. The amount of storage your account can have is determined by your plan.
  8. Although BrandStencil is a secure application, you are responsible for maintaining the security of your account users and associated passwords. Electric Putty cannot be held liable for any loss or damages from your failure to comply with this obligation.
  9. You are responsible for all content stored within the ‘Asset Library’.
  10. You are responsible for all content stored within the ‘Image Library’
  11. We may occasionally send newsletters about new BrandStencil features.
  12. We reserve the right to use your logo and organisation’s name when publicising the application.

Account Set Up

  1. You must provide us with the following information for accounting purposes: Primary organisation contact and organisation accounts contact.
  2. You are responsible for uploading resources to the ‘Asset Library’ and ‘Image Library’
  3. All uploaded assets must comply with Acceptable Use Guidelines.

Font Licensing

  1. If you wish to use a specific font within your templates you must be in possession of a suitable licence.
  2. Each font licence has different permission levels, which dictate how and where it can be used. You may be required to purchase an upgrade or an additional font licence if your current licence does not cover application usage or have the needed permission levels.
  3. You are responsible for any licence costs incurred.
  4. We can source an equivalent, free font, which does not require any licensing agreement, if needed.

Price & Payment

  1. Payment for use of the BrandStencil application must be made directly to Electric Putty Ltd.
  2. The payment will be from the first day of the month your account is launched or 3 months after the start of your free trial.
  3. You are required to pay the fees due within thirty (30) days from the invoice. If any sum due remains outstanding after thirty (30) days from the invoice, then we shall be entitled to charge interest on any unpaid balance at 4% per annum above the Barclays Bank plc lending base rate for the time being. Interest being paid in full together with any unpaid balance.
  4. We reserve the right to amend the price. Any amendment shall be made no more than once in a 12 month period, and you shall be given a minimum of 30 days prior notice in advance of any new charges that may apply.
  5. You can choose to pay monthly or annually for your subscription to BrandStencil.
  6. If you opt to pay annually in advance there is no part refund if you decide to stop using your account during the year. After 12 months you can either renew annually or pay monthly.
  7. You will confirm which pricing plan you would like to take out at the point of opening your account.
  8. When your current plan is up for renewal you will have the option to change plans. Requests for this should be sent in writing to us a minimum of 2 working weeks before your current plan expires.
  9. VAT is payable for all UK-based service users.
  10. We reserve the right to withhold access to the application if payment is not received by the payment due date.

Cancelling The Service

  1. The service is non-refundable. There will be no refunds or credits for partial months of service or unused accounts.
  2. You can cancel the service at any point during the process.
  3. In this event 30 days’ notice must be given in writing.
  4. Upon cancellation your account will be closed within 30 days.
  5. Your content will be permanently deleted from BrandStencil after a period of 90 days after account cancellation.

Customer Support

  1. During account set up you will have access to: consultation, training, user guides and telephone support.
  2. Customer support is available to all account holders. A maximum of 5 Account Administrators are given the ability to escalate queries to us.
  3. End user application support is provided primarily by the account holder
  4. End user issues can be escalated to us by the Account Administrators.
  5. All support requests will have a 24 hour response from Electric Putty within our support hours.
  6. Our support hours are from 9.30am until 5.30pm Monday - Friday.
  7. Non-critical support requests
    1. We will respond to non-critical support requests within 24 hours (within our stated support hours) either by telephone or email.
    2. We will schedule in the work and inform you of the timetable.
    3. Most work taking up to 1 hour can be carried out within 48 hours of notification.

  8. Critical support requests (your BrandStencil application is down or severely impaired)
    1. We will respond to critical support requests (within our stated support hours) in 1 hour of notification.
    2. We will attempt to resolve the critical issue immediately. If this isn’t possible we will provide you with a full report and details of when the issue is likely to be resolved.

Template Creation

  1. Template creation requests are costed individually based on the time required to deliver the requirements for each item of artwork.
  2. Costs are based on the complexity of the design and editable regions as well as time required for asset creation.
  3. As a guide:
    1. Simple templates requiring no dynamic or conditional elements: 2-4 hours
    2. Smart templates requiring dynamic or conditional elements: minimum 4 hours
    3. Additional sizes or orientations: 1 hour for each addition

  4. To create templates we will require you to provide artwork in an InDesign format and all assets in high resolution.
  5. Artwork and assets supplied in other formats may take additional time to convert and as such may incur a further cost.
  6. Templates can be created within 5 working days of agreement. A quick turnaround of 72 hours can be accessed on request.

Template Amendments

  1. Minor template amendments are provided as part of your plan.
    1. 6 hours for Unlimited Plan
    2. 4 hours for Advanced Plan
    3. 3 hours for Standard Plan

  2. Template amendments are charged in 15 minute increments.
  3. Artwork and assets supplied in other formats may take further time to convert and, as such, may incur a further cost.

Ownership and Copyright

  1. The BrandStencil interface and system is copyright © Electric Putty Ltd. All Rights Reserved.
  2. The methodologies and technologies provided by us during the creation of your templates will remain with us.
  3. You will own all copyright and intellectual property rights for content uploaded into your account where you currently hold the copyright. This includes the design of all templates.
  4. You will hold copyright for any exported resource created using the application.
  5. Creators retain the ownership and copyrights and intellectual property rights applicable to all materials they upload.

Warranties

  1. We do not guarantee that the application will be totally without errors or bugs.
  2. We do not guarantee that the service will be available at all times.

Indemnity

  1. We will not be held liable for any financial loss, loss of business, goodwill, opportunity, profits or any other indirect or consequential loss.

Law

  1. This Agreement is subject to English law and shall be subject to the jurisdiction of the English courts.