Introduction
These Terms of Service (“Agreement”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Juliana Marie Designs (“Company,” “we,” “us,” “our”). By accessing our website, requesting design services, or engaging with us in any way, you agree to be bound by these terms. If you do not agree with any part of this Agreement, please do not use our services.
1. Services Provided
Juliana Marie Designs offers design and creative services, including but not limited to:
- Brand Identity and Logo Design
- Web Design and Development Consultation
- Social Media Management and Content Creation
- Social Media Graphics and Templates
- Other custom design services as agreed upon in writing
All services are provided in accordance with the specific project agreement, scope of work, and deliverables outlined in your project brief or contract.
2. Project Process and Timeline
2.1 Project Initiation
All projects begin with a discovery call or detailed project brief to establish goals, preferences, timeline, and deliverables. We require clear communication and specific direction from the Client.
2.2 Revisions and Iterations
The number of revision rounds is specified in the project agreement. Additional revisions beyond the agreed number may incur additional fees. Revision requests should be clear, specific, and constructive.
2.3 Project Timeline
Project timelines are estimates based on the agreed scope of work. While we strive to meet deadlines, delays may occur due to unforeseen circumstances, Client delays in providing feedback or materials, or other factors beyond our control. We will communicate any timeline changes promptly.
3. Payment Terms
3.1 Fees and Deposits
Project fees are as agreed upon in the project proposal or contract. A non-refundable deposit (typically 50%) is required to secure the project start date. The remaining balance is due upon project completion or as specified in the payment schedule.
3.2 Payment Methods
We accept payment through various methods including credit/debit cards, bank transfers, and other payment processors. All payments are processed securely through third-party payment providers.
3.3 Late Payment
If payment is not received by the agreed due date, we reserve the right to suspend work, withhold deliverables, and charge late fees of 1.5% per month (or the maximum allowed by law) on the outstanding balance.
3.4 Refund Policy
Design services are custom and non-refundable once work has commenced. Deposits are non-refundable. However, if we fail to deliver services as agreed, the Client may be entitled to remedies as outlined in the project agreement.
4. Intellectual Property Rights
4.1 Client Ownership
Upon receipt of final payment, all design work and deliverables created specifically for the Client become the Clientu2019s property. This includes logos, graphics, web designs, and other custom creative work.
4.2 Company Ownership
We retain ownership of all pre-existing elements, templates, stock images, fonts, and design concepts that existed prior to the project. Clients may use these elements as part of their final deliverables but may not resell or redistribute them separately.
4.3 Portfolio and Case Studies
We retain the right to display your project in our portfolio, case studies, social media, and marketing materials unless otherwise agreed in writing. If you prefer confidentiality, this must be specified before project commencement.
4.4 Third-Party Assets
Design work may include licensed stock photos, fonts, and other third-party assets. These remain subject to their original license agreements. Clients agree to respect these licenses and not use assets beyond their intended scope.
5. Client Responsibilities
The Client agrees to:
- Provide accurate, complete, and timely information necessary for the project
- Respond promptly to feedback requests and revision inquiries (typically within 3-5 business days)
- Supply all necessary content, materials, images, and brand guidelines
- Provide constructive, specific feedback during revision rounds
- Notify the Company immediately of any issues or concerns
- Ensure they have the right to authorize the use of all provided materials and content
- Respect deadlines and project timelines
Delays in Client responses may result in project timeline adjustments.
6. Communication
We communicate through email, project management platforms, Calendly, and messaging apps as agreed. The Client is responsible for checking communications regularly and responding promptly. We are not responsible for missed communications due to spam filters, notifications, or Client oversight.
7. Limitations and Disclaimers
7.1 No Guarantee of Results
While we strive to create high-quality, effective designs, we do not guarantee specific business results, sales increases, or client acquisition. Design effectiveness depends on many factors beyond our control, including market conditions, execution, and business factors.
7.2 Website Performance
Our website is provided “as-is” without warranties of any kind. We do not guarantee uninterrupted access, error-free operation, or specific performance levels. We are not liable for any disruptions, errors, or issues related to website access or functionality.
7.3 Third-Party Services
Our website links to external platforms (Calendly, Etsy, Fiverr, social media) that are beyond our control. We are not responsible for their content, functionality, privacy practices, or any issues that arise from your use of these services.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, JULIANA MARIE DESIGNS SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Any damages arising from design choices, Client decisions, or external factors
- Damages exceeding the total amount paid by the Client to the Company
This limitation applies even if the Company has been advised of the possibility of such damages.
9. Confidentiality
Both parties agree to maintain confidentiality regarding proprietary business information, project details, and sensitive materials shared during the engagement. Exceptions include:
- Information required to be disclosed by law
- Disclosure with explicit written permission
- Work displayed in portfolio or case studies (unless confidentiality was specified)
10. Acceptable Use Policy
By using our website and services, you agree not to:
- Use the website or services for illegal, fraudulent, or harmful purposes
- Engage in harassment, abuse, or threatening behavior toward our team
- Attempt to gain unauthorized access to our systems
- Interfere with the websiteu2019s functionality or security
- Use automated tools or scrapers without permission
- Engage in any form of discrimination or hate speech
- Infringe upon intellectual property rights
11. Termination
Either party may terminate the service engagement with written notice if:
- The other party materially breaches this Agreement and fails to remedy within 10 business days
- Work has not commenced and the Client requests cancellation in writing
- Mutual written agreement exists
Upon termination, all payments made are non-refundable, and the Client is responsible for any work completed to date. Incomplete work and final deliverables will be handled according to the project terms.
12. Dispute Resolution
In case of disputes, we encourage friendly resolution through direct communication. If resolution cannot be reached:
- Both parties agree to attempt mediation before pursuing legal action
- Any legal action shall be governed by the laws of the Philippines
- You agree to submit to the jurisdiction of courts in Manila, Philippines
13. Modifications to Terms
We reserve the right to modify these Terms of Service at any time. Material changes will be posted on our website with an updated “Last Updated” date. Your continued use of our website and services following such changes constitutes acceptance of the revised terms.
14. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the Philippines, without regard to conflict of law principles.
15. Entire Agreement
This Terms of Service, along with any signed project agreement or contract, constitutes the entire agreement between the parties regarding the subject matter. Any previous discussions, representations, or agreements are superseded by this document.
16. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Contact for Legal Matters
For questions regarding these Terms of Service or to report violations, please contact:
Juliana Marie Designs
Email: contact@julianamariedesigns.com
Location: Manila, Philippines ud83cuddf5ud83cudded