Terms of services
All design services (the “Services”) provided by TV Club (hereinafter referred to as the "Service Provider") to the “Customer” shall be governed exclusively by these Terms of Service (the “Contract”).
1. Acceptance of Terms
1.1. By placing an order or accepting a quotation from the Service Provider, the Customer agrees to be bound by these terms.
1.2. No addition to or modification of this Contract will be binding unless consented to in writing by the Service Provider. Any terms proposed by the Customer are rejected unless explicitly agreed to in writing.
2. Payment Terms
2.1. Payment Schedule: The Customer agrees to pay the fees for the Design Services as outlined in the invoice or checkout page.
2.2. No Withholding: Under no circumstances shall the Customer be entitled to make any deduction or withhold payment for any reason.
2.3. Default: If the Customer fails to make payment when due, the Service Provider reserves the right to suspend work or withhold delivery of the final files until payment is received in full.
2.4. Payment Processors: We use third-party payment processors (Stripe, PayPal) to bill you. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Contract.
3. Service Fees & Taxes
3.1. Service fees are exclusive of any applicable taxes (VAT, GST, sales tax) unless otherwise stated. The Customer is responsible for paying all applicable taxes associated with the purchase.
3.2. The Service Provider reserves the right to adjust the Service Fees if the Customer requests changes to the project scope (Scope Creep) that differ from the initial requirements.
4. Delivery & Timeline
4.1. Any timeline provided by the Service Provider is an estimate only. While reasonable effort will be made to provide the Services according to schedule, the Service Provider shall not be liable for any damages arising out of delays caused by the Customer’s failure to provide necessary information or feedback in a timely manner.
5. Cancellation & Kill Fee
5.1. Cancellation by Customer: If an order is cancelled by the Customer after work has commenced but before completion:
- The Customer shall pay for all work completed up to the date of cancellation (pro-rated based on the percentage of work done).
- If an advance payment was made, it may be non-refundable in accordance with our Refund Policy.
5.2. Cancellation by Service Provider: The Service Provider reserves the right to cancel the project at any time for any reason. In such a case, a full refund of any unearned fees will be issued to the Customer.
6. Intellectual Property Rights
6.1. Transfer of Rights: Upon full payment of all fees, the Service Provider grants and assigns to the Customer all ownership rights, title, and interest in the Final Deliverables (e.g., final logo files, approved web design).
6.2. Retained Rights: The Service Provider retains ownership of:
- All preliminary sketches, rejected concepts, and working files not included in the Final Deliverables.
- Pre-existing tools, generic code, or design frameworks used to create the work.
6.3. Portfolio Rights: The Customer grants the Service Provider a non-exclusive right to display the Final Deliverables in their portfolio, website, and social media for the purpose of self-promotion.
7. Warranty & Representations
7.1. The Services are provided "as is". The Service Provider makes no warranty that the design will meet the specific marketing goals of the Customer or that it will be eligible for trademark registration in all jurisdictions (trademark search is the responsibility of the Customer).
7.2. The Customer warrants that any materials (text, images, logos) provided to the Service Provider for inclusion in the design do not infringe on the rights of any third party. The Customer agrees to indemnify the Service Provider against any claims arising from the use of such materials.
8. Limitation of Liability
8.1. To the maximum extent permissible by law, the Service Provider shall not be liable for any indirect, incidental, special, or consequential damages (including loss of profits or revenue) arising out of or in connection with the Services.
8.2. In no event will the Service Provider’s total liability to the Customer exceed the total amount of Service Fees actually paid by the Customer for the specific project giving rise to the claim.
9. Force Majeure
The Service Provider shall not be liable for any delay or breach caused by acts of God, internet outages, strikes, war, fire, or other events beyond the Service Provider’s reasonable control.
10. Entire Agreement
This Contract embodies the entire agreement between the parties and supersedes all prior agreements or understandings.
