Terms and Conditions of Service
Effective Date: 4/1/2025
These Terms and Conditions ("Agreement") are entered into by and between We Design ("we," "our," or "us") and the client ("you" or "Client") who engages in our services, including web design, branding, marketing, and related services ("Services"). By accessing, browsing, or using our services, you agree to comply with and be bound by this Agreement.
1. Scope of Services
We provide a variety of web design, branding, marketing, and related services, which may include but are not limited to:
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Website design and development
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Brand identity creation (logos, color schemes, etc.)
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Search engine optimization (SEO)
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Digital marketing strategies (social media, email campaigns, etc.)
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Content creation (copywriting, graphic design, etc.)
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Ongoing maintenance and updates to websites
A detailed scope of work, deliverables, timeline, and payment schedule will be outlined in a separate project agreement or statement of work.
2. Client Responsibilities
You agree to:
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Provide us with accurate and timely information necessary to perform the services.
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Ensure that you have the rights to use all materials, designs, logos, trademarks, content, or intellectual property you provide to us.
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Cooperate with us by responding to requests and approvals within the timeframes outlined in the project schedule.
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Ensure all final approvals are given on time, and bear the responsibility for delays caused by your failure to meet deadlines.
3. Payment Terms
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Payment for services will be made in accordance with the payment schedule outlined in the proposal or statement of work.
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We may require a deposit or upfront payment before starting any project.
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Additional charges may apply for scope changes or requests outside of the original scope.
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Payments are due within [insert number of days] days from the invoice date unless otherwise specified. Late payments may incur a [insert percentage]% late fee for each month or part thereof after the due date.
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We reserve the right to suspend work or terminate the agreement if payments are not made as agreed.
4. Intellectual Property
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You retain ownership of any intellectual property you provide to us for the purpose of completing the services.
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Upon full payment of all invoices, we will grant you ownership of the final deliverables created for the project. This includes web design, branding assets, and marketing materials, unless otherwise agreed.
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We reserve the right to showcase the work we complete for you in our portfolio and for marketing purposes unless otherwise agreed upon in writing.
5. Confidentiality
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Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the project.
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This includes but is not limited to business strategies, marketing plans, intellectual property, and client data.
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Confidential information will not be disclosed to any third party unless required by law or with your express written consent.
6. Revisions and Changes
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We will provide the number of revisions as outlined in the project agreement. Additional revisions may incur extra charges.
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If the project scope changes or additional features are requested, we will provide an updated estimate, and such changes may result in adjustments to the project timeline and fees.
7. Timeline and Delivery
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We will provide you with an estimated timeline for project completion based on the scope of work and agreed-upon deadlines.
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Delays caused by your failure to provide timely feedback, content, or approval may result in extended timelines.
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While we make every effort to meet deadlines, we are not liable for any delays caused by unforeseen events or circumstances beyond our control.
8. Termination
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Either party may terminate the agreement with written notice if the other party fails to meet the obligations outlined in this Agreement.
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In the event of termination, you will be responsible for payment for all work completed up to the termination date.
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We reserve the right to terminate the agreement if payment terms are not met or if the client is uncooperative or abusive.
9. Warranties and Disclaimers
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We will provide services to the best of our ability, but we do not warrant that our services will meet all of your expectations or guarantee specific outcomes (e.g., SEO rankings, website traffic, etc.).
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We are not responsible for any loss of revenue, business opportunities, or data that may occur as a result of using our services.
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We do not provide any warranties for third-party software, plugins, or services integrated into your project.
10. Indemnification
You agree to indemnify, defend, and hold harmless We Design, its employees, contractors, and affiliates from any claims, losses, or damages (including attorney’s fees) arising out of or related to your use of the services, any breach of this Agreement, or any infringement of third-party rights.
11. Limitation of Liability
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To the maximum extent permitted by law, We Design will not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the use of our services, whether in contract, tort, or otherwise.
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Our total liability for any claim related to this Agreement will not exceed the total amount paid by you for the services in the 12 months preceding the claim.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Your State or Country]. Any disputes arising from this Agreement shall be resolved in the competent courts of [Your State or Country].
13. Amendments
We reserve the right to modify or amend these Terms and Conditions at any time. Any changes will be posted on our website, and continued use of our services after such changes constitutes your acceptance of the updated terms.
14. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
15. Force Majeure
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We will not be liable for any failure or delay in performance under this Agreement due to causes beyond our reasonable control, including but not limited to natural disasters, wars, acts of terrorism, or technical failures.
16. Entire Agreement
This Agreement, along with any project-specific documents or statements of work, constitutes the entire agreement between you and We Design regarding the services. No other agreements, representations, or understandings, whether written or oral, shall be binding on either party.
17. Refund Policy
At We Design, we strive to ensure that our clients are satisfied with the services we provide. However, due to the nature of our services, which involve custom work and intellectual property creation, refunds are subject to the following conditions:
1. Cancellation of Services
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If you decide to cancel the project before work has commenced or before a contract is signed, you may receive a full refund of any deposit paid.
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Once work has started, the refund will depend on the stage of the project at the time of cancellation. You will be entitled to a refund for any work that has not been completed as of the cancellation date, minus any administrative or setup fees.
2. Completed Work
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Due to the custom nature of our services, no refunds will be issued once a project has been completed and delivered.
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"Completed and delivered" means that all deliverables as outlined in the project scope have been submitted to you for review and final approval, and you have provided sign-off for the completed work. Once this approval is given, the project is considered finished.
3. Partial Work
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If you are unsatisfied with a portion of the work provided, we will make reasonable efforts to amend the work based on your feedback. However, partial refunds for incomplete work are not provided.
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If the project is cancelled after partial completion, you will be billed for the work completed up until that point. Refunds will not be issued for work already performed.
4. Non-Refundable Deposits
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All deposits or upfront payments are non-refundable once the project has started. Deposits are required to secure the project and allocate resources to the task at hand.
5. Disputes or Dissatisfaction
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If you are dissatisfied with the services provided, we encourage you to contact us directly within [number of days, e.g., 15] days of receiving the deliverables to discuss the issue.
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We will make reasonable efforts to address your concerns, including offering revisions within the scope of the project. However, refunds will not be issued for dissatisfaction with design choices or delays caused by client feedback or approval.
6. Force Majeure
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In the event of unexpected circumstances (such as natural disasters, government actions, technical failures, etc.) that cause significant delays or inability to deliver services, refunds may be considered on a case-by-case basis, depending on the situation.
By agreeing to these terms and entering into a contract with We Design, you acknowledge and accept this Refund Policy.