Terms and Conditions
TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of designwithjade.com (the "Site"). This Site is owned and operated by Design with Jade. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Design with Jade and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site;
Act in any way that could be considered fraudulent; or
Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
The following services are available on our Site:
logo designs
business cards
website designs
The services will be paid for with a 50% deposit of the total service amount (non-refundable) with a contract signed stating the total and remaining amount and timeline of project/s.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund, if applicable.
Payments
We accept the following payment methods on our Site:
Credit Card
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. All payments under this agreement are to be made in USD.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
Canceling a Contract
If you wish to cancel this agreement, I will retain your down payment and you may be required to make an additional payment to cover the work I’ve done. This ‘kill fee’ (not as dangerous as it sounds) will be based on the percentage of the project completed.
Impossibility
Force Majeure: Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricanes, flooding, storms, or infestation); or
War, Invasion, Acts of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
We provide refunds for services sold on our Site as follows:
Failure to Perform Service: In the event Designer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
Excuse Client of any further performance and/or payment obligations in this Agreement.
If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Designer to render Services due to the fault of the Client or parties related to Client, such as failure of information or resources to be provided to Designer in a timely manner, by the deadlines agreed upon, or at all, Client shall provide notice to Designer as soon as possible via the Notice provisions detailed in this Agreement. Designer has no obligation to attempt to re-book further Services to fill the void created by Client's cancellation, rescheduling, no-show, or if it becomes impossible for the Designer to provide the Services due to the fault of the Client (or parties related to Client), and Designer will not be obligated to provide any money Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for canceled Services, rescheduled Services, failing to show up for meetings scheduled, or should it become impossible for the Designer to provide the Services due to the fault of the client (or parties related to Client) unless the Parties otherwise agree in writing.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Design with Jade and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site or services.
Indemnity
I will do my best to ensure all facts and statements in my work are true and that it doesn’t infringe upon any copyright or other rights of a third party.
However, I can't be liable to you, or any third party, except where prohibited by law, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which arise regarding this assignment.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You cannot transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed, however,
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the judicial system of the United States.
Limit of Liability
Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Designer.
Loss of Service: In the event that any or all service(s) are lost, such as damage to or loss of a component of the service necessary for final delivery, Designer shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification: Client agrees to indemnify, defend and hold harmless Designer and its affiliates, employee, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Designer provides to Client.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Michigan.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Design with Jade are unable to resolve any dispute through informal discussion, then you and Design with Jade agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Design with Jade.
Notwithstanding any other provision in these Terms and Conditions, you and Design with Jade agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(231) 597-6799
designwithjade0@gmail.com
3585 Bunker Hill Road #42 Acme, MI 49610
Effective Date: 30th day of April, 2024