Welcome to Swarm Branding! Please carefully read and understand the following Terms and Conditions (“Agreement”) before engaging our services. This Agreement governs the relationship between Swarm Branding (“Designer”) and you, our valued client (“Client”). By using our services, you agree to abide by these terms and conditions.
1. Services and Artistic Judgment
1.1 Designer will use reasonable efforts to ensure that the services provided to the Client are produced in a style and manner consistent with Designer’s current portfolio. We will also make a sincere effort to incorporate any reasonable suggestions made by the Client.
1.2 However, Client acknowledges and agrees that:
- Each client is unique, with distinct tastes, budgets, and needs.
- Services often involve a subjective artistic element, and Designer possesses a unique vision, with an evolving style and technique.
- Designer will use artistic judgment when providing services and may not strictly adhere to all of the Client’s suggestions.
1.3 While Designer will strive to incorporate Client’s suggestions and desires, it is important to understand that Designer shall have the final say regarding the aesthetic judgment and artistic quality of the services provided.
2. Retainer Fee
2.1 The first payment made by the Client, referred to as the “retainer fee,” is non-refundable.
2.2 Client acknowledges and agrees that the retainer fee fairly compensates Designer for:
- Committing to provide the services.
- Potentially turning down other projects or clients to accommodate the Client’s project.
3.1 After website projects go live, there will be no refunds for design, management or migration services.
3.2 For design or print projects that have already commenced:
- No refunds will be issued as Designer has invested time and effort in the design process.
3.3 For studio rentals & dance studio / photography rentals:
- No refunds for cancelation will be given for pre payment of studio space (whether that be dance, photo, video, or recording) unless requested within 48 hours before rented time frame.
4. Website Management Cancellation Fee
4.1 In the event of a website management cancellation, a fee of $350 will be incurred by the Client plus a $250 fee for transferring of the domain name to the customer.
5. Intellectual Property
5.1 Upon full payment of the agreed-upon fees, the Client will have the right to use the final deliverables for their intended purpose. However, all intellectual property rights to the designs, artwork, and materials created by Designer shall remain with Designer unless otherwise agreed upon in writing.
6.1 Designer will treat all information provided by the Client as confidential and will not disclose it to third parties without the Client’s consent, except as required by law.
7.1 Either party may terminate the agreement with written notice if the other party breaches any material provision of this Agreement and fails to remedy such breach within thirty (30) days of receiving written notice.
8. Limitation of Liability
8.1 In no event shall Designer be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or related to the services provided, including but not limited to lost profits, loss of data, or business interruption.
9. Governing Law and Jurisdiction
9.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Designer is located. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
10. Entire Agreement
10.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representations, and understandings, whether oral or written.
By engaging our services, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions. If you have any questions or concerns, please contact us before proceeding with our services.