Terms & Conditions
Terms & Conditions for court-creations Design Services:
These Terms & Conditions ("Terms") govern the provision of design services by court-creations, an OPC (one person company) located in Curaçao, to business owners and marketers worldwide. By engaging court-creations for design services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our services.
1. Services:
1.1. court-creations offers graphic design services, including but not limited to logo design, branding, print materials, digital assets, and website design ("Services").
1.2. The specific details of the Services, including scope, deliverables, timelines, and pricing, will be discussed and agreed upon between court-creations and the client. The agreed-upon terms shall be documented in a separate contract or agreement ("Service Agreement").
2. Intellectual Property:
2.1. All designs, concepts, and deliverables created by court-creations during the provision of Services are the intellectual property of court-creations until full payment is received from the client.
2.2. Upon full payment, court-creations grants the client a non-exclusive, royalty-free license to use the final designs for their intended purposes as outlined in the Service Agreement. The client shall not transfer or assign this license to any third party without the prior written consent of court-creations.
2.3. court-creations retains the right to showcase the completed designs as part of its portfolio, promotional materials, and online presence, unless otherwise agreed upon in writing with the client.
3. Client Responsibilities:
3.1. The client shall provide all necessary information, materials, and feedback required for court-creations to perform the Services. This includes providing a clear project brief, relevant brand assets, and timely responses to design proofs, requests for feedback, or other communication from court-creations.
3.2. The client acknowledges that any delay or failure to provide the necessary information or feedback may result in project delays, additional costs, or a revision of the project timeline, as agreed upon in the Service Agreement.
3.3. The client represents and warrants that they have the necessary rights and permissions to provide any materials or information provided to court-creations for use in the Services, including but not limited to trademarks, logos, images, and text. The client shall indemnify court-creations against any claims or liabilities arising from the use of such materials.
4. Payment and Retainer Agreement:
4.1. court-creations operates under a recurring fixed price retainer business model. The specific terms and conditions related to the retainer agreement, including payment terms, retainer duration, and any additional provisions, will be documented in a separate Retainer Agreement between court-creations and the client.
4.2. Payments for Services shall be made according to the agreed-upon payment schedule outlined in the Service Agreement or Retainer Agreement. Late payments may result in project delays or additional fees, as agreed upon in the Service Agreement or Retainer Agreement.
4.3. In the event of a dispute regarding payment, the client agrees to cooperate in good faith to resolve the issue promptly, either through negotiation or alternative dispute resolution methods.
5. Confidentiality:
5.1. court-creations acknowledges that it may have access to confidential and proprietary information belonging to the client during the provision of Services. court-creations agrees to treat all such information as confidential and to use it solely for the purposes of providing the Services.
5.2. The client acknowledges that court-creations cannot guarantee the absolute confidentiality or security of any information transmitted over the internet or stored electronically. The client agrees to take appropriate measures to safeguard any confidential or proprietary information shared with court-creations, such as passwords, trade secrets, or sensitive business information.
5.3. court-creations shall not disclose or share any confidential or proprietary information provided by the client to any third party without the client's prior written consent, unless required by law.
6. Limitation of Liability:
6.1. court-creations shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the provision of Services, including but not limited to loss of profits, data, or business opportunities, even if court-creations has been advised of the possibility of such damages.
6.2. The client agrees that the total liability of court-creations, whether in contract, warranty, tort (including negligence), or otherwise, arising out of or in connection with the Services shall not exceed the total fees paid by the client to court-creations for the specific project or retainer period giving rise to the claim.
7. Termination:
7.1. Either party may terminate the Services by providing written notice to the other party in the event of a material breach of these Terms or the Service Agreement, subject to any termination provisions outlined in the Service Agreement or Retainer Agreement.
7.2. In the event of termination, the client shall compensate court-creations for any work completed up to the termination date, as outlined in the Service Agreement or Retainer Agreement.
8. Governing Law and Jurisdiction:
8.1. These Terms and any disputes arising out of or in connection with the provision of Services shall be governed by and construed in accordance with the laws of Curaçao.
8.2. Any legal action or proceeding arising out of or in connection with these Terms or the provision of Services shall be brought exclusively in the courts of Curaçao, and the client consents to the jurisdiction and venue of such courts.
9. Contact Information:
For any questions, concerns, or requests related to these Terms or the provision of Services, please contact court-creations at courtcrea@gmail.com.