Terms and Conditions
Effective Date: [Insert Date]
Last Updated: [Insert Date]
1. Agreement Overview
These Terms and Conditions ("Terms") govern your use of Off Cue Creative Agency's services and website. By engaging our services or using our website, you agree to be bound by these Terms.
Off Cue Creative Agency ("Agency," "we," "our," or "us") provides brand identity design, web design, and related creative services to businesses and organizations ("Client," "you," or "your").
2. Services
2.1 Scope of Services
We provide the following services:
Brand identity design and development
Logo design and brand guidelines
Web design and development
Social media design templates
Print and digital marketing materials
Brand strategy and consultation
2.2 Service Limitations
Services are provided as outlined in individual project proposals or service agreements
We reserve the right to refuse service to any client
Additional services beyond the agreed scope may incur extra charges
3. Project Process
3.1 Project Initiation
Projects begin upon signed agreement and receipt of initial payment
Client must complete required discovery materials before design work begins
Timeline starts after all requirements are met
3.2 Client Responsibilities
You agree to:
Provide accurate and complete project information
Respond to requests for feedback within agreed timeframes
Provide necessary content, images, and materials
Make payments according to agreed schedule
Review and approve work within specified revision periods
3.3 Communication
Primary communication will be via email unless otherwise specified
Response time for non-urgent matters is typically 1-2 business days
Urgent requests may incur rush fees
4. Payment Terms
4.1 Payment Schedule
50% deposit required before project commencement
Remaining 50% due before final file delivery
Payment terms are NET 15 days unless otherwise specified
4.2 Accepted Payment Methods
Bank transfer
PayPal
[Other payment methods you accept]
4.3 Late Payments
Late payments may incur a 5% fee per week overdue
Work may be suspended for overdue accounts
Interest charges may apply as permitted by law
4.4 Refund Policy
Deposits are non-refundable once work has commenced
Refunds for completed work are at our sole discretion
Cancellation after project start: client receives work completed to date
5. Revisions and Changes
5.1 Included Revisions
Standard packages include specified number of revision rounds
Revisions must be requested within agreed timeframes
Minor text changes and adjustments are included
5.2 Additional Revisions
Extra revision rounds: $100 per round
Major scope changes may require new project agreement
Revisions requested after approval incur additional fees
5.3 Change Requests
Significant changes to project scope require written approval
Additional costs will be outlined before proceeding
Timeline may be extended for major changes
6. Intellectual Property
6.1 Client Rights
Upon full payment, client receives:
Full commercial usage rights to final deliverables
Right to modify and adapt final designs
Ownership of final logo and brand elements
6.2 Agency Rights
We retain:
Rights to preliminary concepts and sketches
Right to display work in portfolio and marketing
Copyright to any pre-existing templates or frameworks used
6.3 Third-Party Materials
Client warrants they have rights to all provided materials
Stock photos/fonts may require separate licensing
Client is responsible for securing necessary usage rights
7. Confidentiality
7.1 Non-Disclosure
We maintain strict confidentiality of all client information
Client information is not shared with third parties except as necessary for project completion
Confidentiality extends beyond project completion
7.2 Portfolio Usage
We may showcase completed work in our portfolio unless client requests otherwise
Client name and project details may be used for marketing purposes
Sensitive or confidential projects may be excluded from portfolio upon request
8. Warranties and Disclaimers
8.1 Service Warranty
We warrant that:
Services will be performed in a professional manner
Final deliverables will meet agreed specifications
Work will be original except for licensed elements
8.2 Disclaimers
We make no guarantees about business results from our designs
Client is responsible for trademark and copyright clearance
We are not liable for third-party platform changes affecting designs
9. Limitation of Liability
9.1 Liability Limits
Our total liability for any claim shall not exceed the total amount paid by client for the specific project giving rise to the claim.
9.2 Excluded Damages
We are not liable for:
Indirect, consequential, or punitive damages
Loss of profits or business opportunities
Data loss or corruption
Third-party claims or damages
10. File Delivery and Storage
10.1 File Formats
Final files delivered in commonly used formats appropriate for intended use:
Vector files (AI, EPS, SVG)
Raster files (PNG, JPG)
PDF documents
Source files when applicable
10.2 File Storage
We retain project files for [specify period, e.g., 2 years] after completion
After this period, files may be deleted without notice
Client is responsible for backing up delivered files
10.3 File Access
Replacement files may incur administrative fees
File modifications after project completion are billable
Source file access requires full project payment
11. Termination
11.1 Termination by Client
Client may terminate project with written notice
Payments for completed work are non-refundable
Client receives work completed to termination date
11.2 Termination by Agency
We may terminate agreement for:
Non-payment of invoices
Breach of these terms
Abusive or unprofessional behavior
Failure to provide required materials or feedback
12. Force Majeure
We are not liable for delays or failure to perform due to circumstances beyond our control, including but not limited to natural disasters, government actions, internet outages, or other unforeseeable events.
13. Governing Law
These Terms are governed by the laws of [your jurisdiction/country/state]. Any disputes will be resolved in the courts of [your jurisdiction].
14. Dispute Resolution
14.1 Mediation
Disputes should first be addressed through direct communication. If unresolved, parties agree to attempt mediation before pursuing legal action.
14.2 Jurisdiction
Any legal proceedings will be conducted in [your jurisdiction] courts.
15. Website Terms
15.1 Website Use
Website content is for informational purposes
You may not copy, reproduce, or distribute our content without permission
We reserve the right to modify or discontinue website features
15.2 User Conduct
You agree not to:
Use the website for illegal purposes
Attempt to gain unauthorized access to our systems
Submit false or misleading information
Interfere with website operation
