Terms of Service

Our Terms of Service ("Agreement") outlines the client agreement, setting clear guidelines for deliverables, payments, and intellectual property rights. This document protects both parties, establishes professional boundaries, and prevents misunderstandings in creative, design, and development projects.

By commissioning, purchasing, or initiating any creative services with [Your Company/Name] (hereafter referred to as the "Service Provider"), you (hereafter referred to as the "Client") agree to be bound by the following terms and conditions.

1. Service Scope & Definition

   We provide professional services including, but not limited to, digital product design, UI/UX design, brand strategy, identity design, web development, Framer development, and creative consulting.

   • Custom Agreements: The specific scope of work, deliverables, timelines, and milestones for any given project will be clearly outlined in a separate, individual Project Proposal or Statement of Work (SOW).

   • Exclusions: Any task, feature, or asset not explicitly detailed in the SOW is considered out of scope and will require a separate estimate or an official amendment to the project contract.

2. Project Terms & Onboarding

   To ensure a smooth workflow, all creative projects must adhere to our standardized onboarding and initiation guidelines:

   • Execution: A project will only be officially scheduled and commenced once the Client has signed the project agreement and the Service Provider has received the required upfront deposit.

   • Upfront Deposit: All standard projects require a non-refundable 50% deposit of the total project fee before any research, design, or development work begins.

   • Scope Changes (Scope Creep): Any requests for additional pages, features, assets, or revisions outside the original agreement must be submitted in writing. Approved changes will be billed at our standard hourly rate or flat fee, and the project timeline will be adjusted accordingly.

3. Intellectual Property Rights

   We believe in fair, transparent ownership. The distribution of intellectual property (IP) is structured as follows:

   • Client Ownership: Upon receipt of full and final payment, the Client retains complete ownership, copyright, and intellectual property rights of the finalized, delivered assets and website files.

   • Service Provider Rights: The Service Provider retains the rights to all unused design concepts, drafts, wireframes, and preliminary sketches created during the project.

   • Portfolio Usage: Unless explicitly restricted by a signed Non-Disclosure Agreement (NDA), the Service Provider retains the right to display the final designs, case studies, and live links in portfolios, social media, and marketing materials to showcase professional capabilities.

4. Payment Structure & Billing

   Clear payment terms protect the financial health of both parties. By entering into an agreement, you agree to the following billing terms:

   • Payment Milestone: Project fees are outlined in individual agreements. The remaining 50% balance (or final milestone payment) must be paid in full and cleared before the delivery of final source files, website transfers, or domain launches.

   • Third-Party Fees: The Client is solely responsible for all external, third-party expenses. This includes, but is not limited to, domain registration, Framer hosting plans, premium font licenses, stock media, API integrations, and plugin subscriptions.

   • Late Fees: Overdue invoices will incur a late fee of [Percentage, e.g., 5%] per month on the remaining balance starting [Number, e.g., 7] days after the invoice due date.

5. Timeline, Delivery, & Communication

   To maintain project momentum, both parties must commit to clear and efficient communication timelines:
   
   

   • Project Timelines: Estimated delivery dates and milestones are established in individual project agreements. These timelines are estimates and depend heavily on mutual responsiveness.

   • Client Responsiveness: Delays in feedback, assets (copy, images, credentials), or approvals from the Client will automatically extend the project delivery timeline by an equivalent or greater number of days.

   • Business Hours & Support: Our standard business hours are [Insert Hours, e.g., 9:00 AM to 5:00 PM, Timezone]. We aim to respond to all emails and communications within 24 hours on business days.

6. Confidentiality & Privacy

   We treat your proprietary business information with the utmost respect and security:

   • Data Protection: We maintain strict confidentiality regarding the Client’s proprietary information, business strategies, and private materials.

   • Data Security: We implement appropriate technical and administrative security measures to protect your digital assets and communication logs from unauthorized access.

   • Non-Disclosure Agreements (NDAs): If your project involves highly sensitive, unreleased products, custom NDAs are available and can be signed upon request prior to project kick-off.

7. Termination & Kill Fees

   In the rare event that a project cannot be completed, the following termination procedures apply:

   • Written Notice: Either party may terminate the project agreement at any time by providing written notice to the other party.

   • Payment for Completed Work: Upon termination, the Client is obligated to pay the Service Provider for all billable hours and completed milestones up to the date of termination.

   • Kill Fees: If a project is terminated by the Client after significant work has commenced but before final delivery, a "kill fee" equal to [Percentage, e.g., 25%] of the remaining project balance may be applied to compensate for scheduled availability.

8. Limitation of Liability

   The digital space is ever-changing, and our liability terms reflect standard industry protections:

   • "As Is" Basis: All creative services, design files, and custom developments are provided "as is" without warranties of any kind, either express or implied, regarding performance, search engine ranking, or specific financial results.

   • Damages Limit: In no event shall the Service Provider be liable for any indirect, incidental, or consequential damages (including loss of profits, data, or business interruption) arising out of the use of our deliverables.

   • Liability Cap: Total liability under any circumstances is strictly capped at, and shall not exceed, the total amount of project fees actually paid by the Client to the Service Provider.

   • Governing Law: This Agreement and any disputes arising from it shall be governed by, interpreted, and enforced in accordance with the laws of [Your State/Country/Jurisdiction].