INTRODUCTION
These Terms and Conditions govern your use of the website www.vzade.com ("the Website") and any related services provided by vzade LLC ("we," "our," or "us"). By accessing or using the Website and services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please refrain from using the Website.
1. SERVICES PROVIDED
vzade LLC provides design services including, but not limited to, branding, graphic design, logo creation, web design, print design, marketing materials, and other creative services ("Services"). The scope of services will be agreed upon in writing, either through contracts, email exchanges, or service agreements.
2. SERVICE AGREEMENT
Estimates & Quotes
All project estimates provided are based on the details shared by the client. Prices quoted are valid for 7 days and are subject to change after that period based on the scope of the project.
Payment Terms
Deposit: Depending on scope of the project, either full payment or a 50% deposit is required before the commencement of any project. The remaining balance is due upon project completion or delivery of the final design.
Late Payments: Payments not made within 30 days of the due date will incur a 5% late fee. Projects delayed beyond 60 days of non-payment will incur a $75.00 delay fee for every week of delay.
Refunds
Due to the nature of creative services, no refunds are issued after the work has been started unless otherwise agreed upon in writing. Refund requests will be handled on a case-by-case basis.
3. INTELLECTUAL PROPERTY
Ownership of Work
The final deliverables (e.g., final approved designs, branding materials, and websites) become the property of the client only after full payment is received. This does not include sketches, materials, visuals, electronic files created for the project, raw files, source files, editable files, patterns, graphics, fonts, and any custom work created by vzade LLC in order to finalize the deliverables. We retain the right to use the work in our portfolio, case studies, and marketing materials.
Portfolio Usage
vzade LLC reserves the right to display any artwork, sketches, or ideas created for the project in a portfolio or for promotional purposes, both during and after the project. If confidentiality is a concern, it must be discussed upfront.
Non-payment Consequences
If final payment is not received as agreed, all designs and concepts remain the property of vzade LLC. In such cases, the designer reserves the right to reuse or repurpose these designs for other clients or as portfolio concepts.
Intellectual Property Violations
If the client uses, modifies, or replicates any work before making the final payment, vzade LLC will take legal action to protect intellectual property.
Client's Responsibility
The client is responsible for ensuring that all materials provided for the project (e.g., logos, images, text) do not infringe upon any third-party intellectual property rights. The client will indemnify vzade LLC against any claims of intellectual property violations.
4. CLIENT RESPONSIBILITIES
Communication
Clients are expected to respond promptly to requests for feedback or information. Delays in communication may result in project delays, which may be subject to additional fees.
Material Provision
The client is responsible for providing all necessary materials for the project (e.g., text, images, brand guidelines). If we need to source any materials on behalf of the client, any additional costs will be passed on to the client.
Client Acknowledgement
By proceeding with a project or engaging with our services, the client acknowledges that they have been given the opportunity to read, understand, and agree to these Terms and Conditions. Continuing with the service implies agreement to the terms, regardless of whether the client has read them. If you do not agree with the terms, please refrain from using our services.
5. WEBSITE USAGE
Use of Content
The content on www.vzade.com, including images, text, graphics, and logos, is protected by copyright and other intellectual property laws. Unauthorized use of the Website’s content is prohibited without prior written consent from vzade LLC.
Acceptable Use
You agree not to use the Website for any illegal, harmful, or malicious activities. This includes, but is not limited to, accessing the site through unauthorized means, uploading malicious content, or engaging in any activity that disrupts the service.
6. PRIVACY POLICY
Your use of our Services is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information. By agreeing to these Terms, you also consent to the terms outlined in the Privacy Policy.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by law, vzade LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, loss of data, or business interruption, arising out of or in connection with the use of the Website or Services, even if we have been advised of the possibility of such damages.
8. TERMINATION
Termination by Client
The client may terminate an ongoing project at any time by providing written notice. Any payments made up to the point of termination are non-refundable. Additionally, any outstanding balance at the time of termination will remain due and payable.
Cancellation and Refund Policy: If the client cancels the project after proposals, ideas, or preliminary work have been presented, no refunds will be issued for any previous payments. If vzade LLC is unable to continue the project due to unforeseen circumstances, a partial refund may be issued based on the work completed up to that point, calculated as a percentage of the total payment received.
Project Suspension and Termination by vzade LLC
We reserve the right to terminate a project or access to our services if the client violates these Terms or fails to make required payments within the agreed timeframe. In such cases, no refunds will be provided.
vzade LLC reserves the right to suspend or terminate the project if the client engages in any of the following behaviors:
Excessively interferes with the design process (e.g., micromanaging)
Repeatedly fails to pay or approve deliverables
Exhibits disrespectful, rude, or unprofessional behavior towards vzade LLC staff
Makes unreasonable or unrealistic demands that go beyond the agreed scope
Fails to provide timely feedback or approvals, causing delays
Requests additional work outside the original scope (scope creep) without adjusting the budget or timeline
Demonstrates chronic delays in payment or approval
Misrepresents the project timeline, priority, or urgency of the project, resulting in a perpetually rushed environment
Is consistently unresponsive or difficult to communicate with
In the event of disrespectful or unprofessional behavior, vzade LLC reserves the right to charge an additional fee to cover the cost of addressing these issues. This fee may apply to situations such as prolonged conflicts, inappropriate communication, or any actions that disrupt the project's progress. If a client’s behavior causes delays, disruptions, or additional work outside of the agreed scope (such as requiring extra revisions due to disrespectful or unprofessional behavior), vzade LLC reserves the right to charge a revision fee sooner than the usual revision phase. This fee will cover the additional time and resources required to address or correct any issues stemming from the client’s conduct.
No refunds will be provided if the project is suspended or terminated due to client issues.
9. DISPUTE RESOLUTION
In the event of a dispute arising from the use of the Website or Services, both parties agree to attempt to resolve the issue through negotiation. If the dispute cannot be resolved through negotiation, the parties agree to mediate the dispute before pursuing any legal action. Any legal proceedings, including arbitration, will be conducted in Florida, where vzade LLC is located, and any disputes will be resolved in accordance with the laws of that state.
Arbitration Agreement
In the event of any legal dispute with our services, you agree to resolve it through binding arbitration under the rules of the American Arbitration Association (AAA). This means you will not have the right to pursue the matter in court, nor will you be able to participate in a class-action lawsuit or arbitration. By agreeing to arbitration, you waive your right to a trial by jury.
Exceptions to Arbitration
Certain disputes, such as small claims, intellectual property disputes (e.g., copyrights and trademarks), or actions to interfere with our services, do not have to be arbitrated and may be brought to court. Additionally, a court can determine the enforceability and scope of this arbitration provision.
10. AMENDMENTS
We reserve the right to modify or update these Terms at any time. Any changes will be posted on this page, and the date of the latest update will be reflected at the bottom. By continuing to use the Website or Services after changes have been made, you accept the revised Terms.
11. CONTACT INFORMATION
If you have any questions or concerns regarding these Terms, please contact us.
Last Updated: December 10, 2024