Terms of Service
Effective Date: 06-OCT-25
These Terms of Service (“Terms”) govern the use of the website, products, and services offered by Jen Graham Designs (“Company,” “we,” “our,” or “us”). By accessing or using our website or engaging our Services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, you must not use our website or Services.
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1. Eligibility
You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, to enter into a legally binding agreement and to use our Services. By using our Services, you represent and warrant that you meet these requirements.
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2. Scope of Services
The Company provides web design, web development, branding, and related digital services (“Services”). Specific deliverables, timelines, and costs will be detailed in a written contract, agreement, or invoice, which shall form part of these Terms once accepted.
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3. Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and Services strictly for your personal or internal business purposes. You shall not:
• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our website or Services, except as expressly permitted under these Terms or by prior written consent.
• Use our Services for any unlawful, infringing, or harmful purpose.
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4. Intellectual Property Rights
1. Company Materials: All pre-existing content, designs, code, templates, tools, and proprietary methods created or owned by the Company remain the sole property of the Company.
2. Deliverables: Upon full and final payment of all fees due, ownership of final, specifically commissioned deliverables (such as completed website files or design assets) transfers to the Client, unless otherwise specified in writing.
3. Portfolio Rights: The Company reserves the right to display completed projects, including your publicly available website, in its portfolio, marketing materials, and promotional efforts.
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5. Payment Terms
• Fees and payment schedules will be outlined in a contract, agreement, or invoice.
• A non-refundable deposit may be required prior to commencement of work.
• Final payment is due upon delivery of Services, unless otherwise agreed in writing.
• Late payments may incur interest charges and may result in suspension or termination of Services.
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6. Client Responsibilities
The Client agrees to:
• Provide all necessary information, content, and approvals in a timely manner.
• Ensure that all content provided (including text, images, and logos) is free from third-party intellectual property claims.
• Cooperate fully with the Company to enable timely delivery of Services.
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7. Revisions and Scope Changes
The Company will provide revisions as outlined in the contract or agreement. Revisions beyond the agreed scope, or material changes requested by the Client, will incur additional fees at the Company’s then-current rates.
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8. Warranties and Disclaimers
• The Company will provide Services with reasonable care and skill.
• The Company does not warrant that any website or deliverable will be error-free, uninterrupted, or immune from third-party security issues.
• Except as expressly stated herein, the Company disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
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9. Limitation of Liability
To the fullest extent permitted by law:
• The Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of revenue, profits, or data.
• The Company’s total aggregate liability for any claim related to the Services shall not exceed the total fees paid by the Client to the Company under the applicable project or agreement.
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10. Termination
• Either party may terminate the Services with written notice if the other party materially breaches these Terms.
• Deposits and payments made are non-refundable, except where expressly agreed otherwise in writing.
• The Company may suspend or terminate Services immediately if the Client fails to make timely payments, provides unlawful content, or engages in conduct harmful to the Company.
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11. Third-Party Services
The Company may integrate third-party tools, platforms, or hosting services into the Client’s project. The Company is not responsible for downtime, limitations, or issues caused by third-party providers. The Client agrees to comply with all applicable third-party terms and conditions.
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12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom without regard to conflict of law principles. Any disputes arising under these Terms shall first be attempted to be resolved amicably between the parties. If unresolved, such disputes shall be submitted to the courts of competent jurisdiction located in Scotland.
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13. Modifications
We reserve the right to modify or update these Terms at any time without prior notice. The most current version will be posted on our website, and continued use of our Services constitutes acceptance of the updated Terms.
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14. Contact Information
For questions regarding these Terms, please contact us at:
Jen Graham Designs
support@jengrahamdesigns.com
