Terms and Conditions for LUXDesigns.us

These Terms & Conditions were last updated on May 7, 2021.

When we use the terms “we”, “agency”, or “us”, we are referring to LUX Designs US. When we use the terms “you” or “client” we are referring to the client, usually the other party on a written agreement. These are general terms and conditions that cover all creative projects and marketing projects performed by LUX Designs US. Unless an addendum is specifically written, attached to a proposal or letter of agreement, and signed as agreed to by an agent of LUX Designs US, it is not valid. Please refer to this document to determine the applicable terms and conditions. These terms apply during any project worked on for the Client. The applicable start date of this agreement is when the first service was requested or the first agreement or proposal accepted, and this agreement ends upon severance by one of the parties, or upon cancelation or postponement of a project. Many terms will survive this agreement’s severance, but will continue with an ongoing responsibility to uphold those terms.

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General

The parties to this agreement are LUX Designs US and the Client, defined as the person or entity receiving services. Delivering payment for an invoice, or signing a proposal or letter of agreement (by electronic or physical means), signifies acceptance and agreement of these terms and conditions. Parties will act reasonably and in good faith. The Client, acting in capacity for himself or herself, and as an agent for the company he or she is representing, certifies and attests that he or she understands and agrees to all terms and conditions set forth here, through signing an agreement or making a payment.

Consideration

The Client will receive, for consideration, any or all of the following, as well as other services possibly not listed here (further detailed on the specific project proposal, summary email, and/or brief):

• conceptualization
• creative work
• design work
• designs
• logos
• advertisements
• marketing ideas
• marketing strategies
• marketing plan
• advice
• brainstorming
• planning
• website design
• website development
• graphic design
• coding
• software
• printed materials
• tradeshow materials
• animated video
• voiceovers
• film
• services

LUX Designs US will receive, for consideration, monetary fees for services rendered and products delivered.

Agreement to be Billed

LUX Designs US offers services and products for fees. When any work is requested, whether it is design, coding, brainstorming, discussions (in person and on telephone), writing, research, preliminary, planning, meetings, or any other time invested in the Client’s company that is not purely administrative in nature, can and will be billed at the current hourly rate, or at a previously agreed upon rate. The Client is responsible to pay these fees as they come due. When no estimate or price was prepared before work begins, all services will be billed at the current hourly rate, in fifteen minute increments, rounded up. The minimum billable time on a per-day basis is one hour; on occasion, solely at LUX Designs US’s discretion, additional days in the midst of an ongoing project may have a minimum billable time on a per-day basis of one half hour. Short conversations in person or on the phone may be complimentary, however, at the sole discretion of LUX Designs US, Client may be billed for these calls. If there is a price agreement before work begins, that agreement will be a minimum estimated price of that project. Any approval of pricing, including verbal approval, approval through invoicing or accounting systems, and approval via email, shall be valid and legally binding.

Severance

Client and LUX Designs US may sever this agreement at any time, upon 30 days written notice to the other party. Severing this agreement means no future projects will be governed by these terms and conditions. Under no circumstances or conditions does ending this agreement change the validity and applicability of the terms discussed herein from any project or work that was started or completed during the applicable dates of this agreement. If the Client severs this agreement in the midst of an ongoing project, cancelation or postponement fees may become due, or by request work on that project can continue until the project is completed under all terms and conditions detailed herein, at which point the relationship will be severed. If LUX Designs US severs this agreement during a project, the LUX Designs US may either end the project immediately, returning any unused portion of payments, or the LUX Designs US may see the project through to completion and sever the working relationship after said project. Severing this agreement causes the relationship to end with no further requirements; HOWEVER, in no way does severing this agreement end the applicability of the ongoing responsibilities and duties discussed herein.

Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

Jurisdiction

Jurisdiction will be ONLY the State of Ohio in the United States of America, in Cuyahoga County. Where documents conflict as to the jurisdiction, Ohio shall prevail.

Dispute Resolution

All disputes MUST be submitted to an arbitrator, according to the rules of the American Arbitration Association, or according to the applicable rules of Halacha (Jewish Torah Law). The arbitrator’s decision will be valid, final and legally binding, upheld in any court of law. Failure to appear for the arbitration or causing an undue delay to attend arbitration (greater than 60 days) constitutes a default judgement against the party neglecting to show or schedule, unless it is due to some reasonable and unavoidable circumstance. An attorney may appear at an arbitration in proxy for either party, and video conferencing is acceptable and considered attendance, as long as it is within the boundaries of the rules of the American Arbitration Association or Halacha and agreeable to the arbitrator. If the decision is decided in favor of LUX Designs US, Client agrees to be liable for all arbitration fees, court costs, and attorney’s fees.

Confidentiality

Parties to this agreement agree to reasonable confidentiality with all aspects of the project and/or information learned about the other company that is reasonably expected to be kept confidential. This does not apply to parts of the project that are designated to become public knowledge, HOWEVER a best effort will be maintained to keep these items confidential until such time as they are ready to be revealed to the public. Confidential information may be shared with employees, freelancers, consultants, advisers, legal counsel, accountants, and others, as LUX Designs US may see fit to accomplish the project, receive payment, or to perform any actions in the LUX Designs US’s best business interests.

Right of Refusal

LUX Designs US reserves the right to refuse service for any projects that it deems obscene or offensive, including but not limited to pornographic materials. This refusal is solely up to the discretion of LUX Designs US. Client expressly waive all rights to dispute a refusal by LUX Designs US, no matter the reason.

Employees

In order to best serve the Client, LUX Designs US makes substantial investments of money and time to recruit, train and retain technical and creative staff. The Client acknowledges that hiring any of LUX Designs US’s staff, whether for small side projects or as an employee, would cause LUX Designs US to suffer losses and incur expenses in connection with the recruitment and training of replacement employees and/or freelancers. These losses and expenses are not possible to quantify. The Client accordingly agrees that in the event it offers employment or side projects to any employee or freelancer of LUX Designs US, while this person is offering services to LUX Designs US or within 180 days of termination of offering services, a sum equal to 400 hours at the current hourly rate will be paid to LUX Designs US, unless a different agreement is reached, in writing, signed and notarized by an agent for each LUX Designs US and the Client. This payment is not due as a penalty but as liquidated damages. The Client agrees that such payment is fair and reasonable under such circumstances. This payment obligation shall survive the termination or cancelation of this agreement. LUX Designs US agrees to not hire, recruit or assist in placing any employee of the Client during the term of this agreement and for 180 days following the termination, cancelation or completion of this agreement, unless specific instructions in writing are given.

Limitation of Liability

CLIENT SHALL NOT HOLD LUX DESIGNS US OR ANY SUBSIDIARY, PARENT COMPANY OR AGENT THEREOF LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE FROM FAILURE TO PERFORM ANY ASPECT OF THE PROJECT IN A TIMELY MANNER, WHETHER DUE TO NEGLIGENT ACTS OR OMISSIONS OF LUX DESIGNS US, THIRD PARTIES, OR CLIENT. FURTHERMORE, CLIENT SHALL NOT HOLD LUX DESIGNS US OR ANY SUBSIDIARY, PARENT COMPANY OR AGENT THEREOF LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE FROM ANY ASPECT OF THIS PROJECT WHATSOEVER, WHETHER REASONABLY FORESEEABLE OR NOT, INCLUDING CIRCUMSTANCES BEYOND THE CONTROL OF LUX DESIGNS US. LUX DESIGNS US DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. IN NO EVENT SHALL LIABILITY OF LUX DESIGNS US EXCEED THE SUM OF FEES RECEIVED FROM THE PROJECT AT ISSUE.

Obtaining Legal Counsel

Certain policies and/or terms and/or disclaimers and/or statements may be published on a website or in a document or in a deliverable as a matter of course during the development of a project. These statements MUST be evaluated by legal counsel to be considered valid legal statements – LUX DESIGNS US places this information there as a placeholder and informally, with the understanding that the Client will have a proper legal opinion created to determine what to publish here. Client should also read through any policies or disclaimers published on their behalf to verify that these are in alignment with the Client’s business actions and goals.

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Payment

Estimate Only

Price given before work starts are minimum estimates only, and are only valid for 30 days from the date submitted. At times, the scope of the work is not fully clear before the project begins, or the specifications change in order to deliver the best final product possible when confronted with new information. As such, the price may increase from the original estimate. While this does not generally happen, in an effort to keep projects moving smoothly and progressing quickly, the estimated price may increase up to an additional 25% of the originally estimated amount without further approval on my part; however, if the final price is to be greater than the original price plus an additional 25%, Client will be alerted to this and my approval will be necessary to continue working on the project. My approval, verbal or otherwise, will be valid and legally binding. If additional work is necessary or requested, or if specifications change mid-project, the total price will likely change.

Payment Terms

Individual payment schedules are usually agreed to along with the fixed price. Hourly or smaller projects may be billed up-front, with a deposit made before work begins, or with a final bill before delivery of work; please refer to the project notes. If no terms were specified, a deposit of 50% is due, with the remainder due upon completion of the project but before delivery. Failure to collect a 50% deposit is in no way a relinquishment of any rights herein. Invoices are due immediately, with a ten day grace period, unless Client has requested credit and been approved by LUX Designs US (not available until at least one year of a working relationship exists). A late fee of $50 is due and may be applied to the invoice on the 15th day after being issued. For invoices over $2500, a late fee of $100 is due and may be applied to the invoice on the 15th day after being issued. Additional late fees are assessed every 30 days thereafter. Client will be responsible for, and pay, all collection fees or legal fees necessitated by default in payment. No rights to any deliverable are transferred until the balance is paid in full, and a usable version of deliverables need not be delivered until all balances are paid in full. If the Client hosts their own website, and it was developed by LUX Designs US, the Client hereby gives LUX Designs US explicit permission to go onto the server and take the website offline until any balance is paid in full. Launching the site after LUX Designs US pulls it down, without consent and while still owing a balance, will incur penalty fees of an additional 70% of the total project price, due immediately. CLIENT EXPLICITLY FORFEITS ALL RIGHTS TO REQUEST A CHARGEBACK OR DISPUTE A CREDIT CARD CHARGE with the LUX Designs US credit card processing company.

Refund Policy

LUX Designs US operates under a fee-for-service model. Payments made are either for services agreed upon previously and committed to purchasing or for services previously rendered. Therefore, LUX Designs US does not offer refunds. Payments made can sometimes be applied to future work, usually only if project was not canceled or postponed.

Rush Fees

If a rush fee was added to the original price of a project, once the project starts the rush fee is due regardless of outcome.

Cancelation or Postponement

If this agreement is canceled or postponed, 30-100% of the total project cost will be due, based on the amount of work done and expenses incurred, at the sole judgement of LUX Designs US. If requested, and a prepaid payment is made to LUX Designs US for the time estimated to be spent with the consultant, LUX Designs US will meet with a licensed lawyer or accountant in good standing with no board complaints and review where fees were applied and why (only if more than the minimum cancelation fee of 30% was due). Postponed is defined as more than 21 days passing without receiving feedback from the Client, except during holidays or during scheduled vacation time. If the project is canceled or postponed, all monies already paid are forfeit and no further work will be performed whatsoever until a new agreement is reached. Licenses to use any materials are contingent upon explicit written permission from LUX Designs US (to verify payments are complete and terms are followed). A new price and agreement will be necessary to continue work on the project.

Expenses

The Client is liable for all expenses arising from any projects, at the current price charged by LUX Designs US, including the payment of any sales tax due on expenses or on said project. Typically this price is cost + 20%, or for stock photography, the regular retail price or the regular retail price for a comparable pack of credits. In some cases an expense may be billed directly to the client, payable via credit card or check. If an advance for expenses is requested, Client will pay the advance in full before the expenses are incurred. Projects may be delayed by a delay in payment for expense advances. Expense payments follow the same terms as regular invoice payments.

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Project

Project Coordinator

Client will designate one person to act as project director or to have final say, to accept and approve materials and facilitate communication. In no event will LUX Designs US accept change requests from anyone except for this client side Project Coordinator. On each proposal is a main contact person; this person is by default the client side Project Coordinator. Client may request to change the client side Project Coordinator via email or in writing, with 3 days notice. Client side Project Coordinator can request corrections and changes through either the Creative Director or the company side Project Coordinator, if applicable. To avoid confusion, change requests and corrections MUST NOT be submitted directly to any designers or programmers; the confusion caused by submitting change requests to the wrong person may cause billing to rise above and beyond the initial quote.

Warranty of Originality / Consent to Use

To LUX Designs US’s best knowledge, all deliverables are original and unpublished, or the proper licenses and releases have been obtained, on a limited or unlimited basis. To LUX Designs US’s best knowledge, deliverables do not contain any scandalous, libelous, or unlawful matter. To the client’s best knowledge, all materials provided to LUX Designs US for use in any project are originals produced by the client or have all the necessary and proper licenses and permissions. In addition, materials presented by client for inclusion are certified to not contain any scandalous, libelous, or unlawful matter. CLIENT EXPLICITLY INDEMNIFIES AND HOLDS LUX DESIGNS US HARMLESS AGAINST ANY AND ALL CLAIMS, COSTS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, FOR MATERIALS INCLUDED AT CLIENT’S REQUEST OR FOR MATERIALS THAT EXCEED MAXIMUM ALLOWABLE USAGE WITHOUT EXTENDING THE LICENSING PROVISIONS. CLIENT ALSO INDEMNIFIES AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, DUE TO USES FOR WHICH NO RELEASE WAS REQUESTED IN WRITING OR FOR USES THAT EXCEED AUTHORITY GRANTED BY A RELEASE. FURTHERMORE, IF LUX DESIGNS US INCURS ANY DIRECT OR INCIDENTAL EXPENSES OR FEES DUE TO INCLUSION OF MATERIALS AT CLIENT’S REQUEST, CLIENT AGREES TO REIMBURSE LUX DESIGNS US.

Timely Delivery of Materials

Necessary source materials must be delivered in a timely manner. For materials not delivered in a timely manner, LUX DESIGNS US reserves the right to stop all work on the project until materials are received. The project may be subject to a cancellation or postponement fee if more than 3 weeks go by without communication.

Source Materials

Source materials will be either destroyed or filed with client’s files, unless specifically requested for the source materials to be returned. This may incur an expense reimbursement to ship the source materials back to the client. No source materials will be returned until final payment is received.

Periodic Updates

LUX Designs US will contact or meet with the Client periodically, by phone, email, in person or via telecommunications, to update the Client on all tasks complete, problems encountered and any recommended changes to the project at hand.

Testing and Proofreading

CLIENT IS RESPONSIBLE TO PROOFREAD AND/OR TEST ALL MATERIALS. WE WILL MAKE A GOOD-FAITH EFFORT TO CHECK SPELLING AND GRAMMAR CLOSELY, BUT ULTIMATELY THE RESPONSIBILITY IS THE CLIENT’S. UPON APPROVAL FROM THE CLIENT, INCLUDING VERBAL APPROVAL, WE MAY PLACE ORDERS FOR PRINTED MATERIALS OR SUBMIT ADS FOR PRINTING OR LAUNCH A WEBSITE; THESE PRINTED MATERIALS MAY INCLUDE TYPOGRAPHICAL ERRORS, CONTENT ERRORS, CONTACT INFORMATION ERRORS, OR GRAMMATICAL ERRORS, UNLESS CLIENT CATCHES THEM BEFORE PRINTING OR PUBLISHING. THE CLIENT WILL STILL BE RESPONSIBLE TO BOTH PAY FOR THE ARTWORK AND CONCEPTS, AS WELL AS ALL PRINTING/ADVERTISING COSTS ASSOCIATED WITH THE ERROR, AS WELL AS ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. Correction requests for any errors will be made in a timely manner. If more than 10 business days lapse without receiving correction requests, the project will be considered complete for all intents and purposes. Most errors will be fixed free of charge, however, at times, error corrections after the project is considered complete or if the error is the fault of the Client will be billed.

Scope of Work

If the Client changes the scope of the work, by either requesting additional work, or by changing specifications, or by making changes to logos or wording after the project has started or after approval was received, or requesting additional sizes not specified at the beginning of the project, or by any change that deviates in the slightest from the initial project details, the Client may incur additional charges. Slight changes in wording during the course of the project are normal and within the scope of work. Changes to the company name after a logo or identity project has started will incur additional charges. These additional charges may not always be detailed during the project to keep things moving smoothly, and may only come up at the end of the project.

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Ownership

General License

LUX Designs US retains the ownership rights to all original art, film, animation, video, drawing, icon, logo, code and design work created or compiled for the Client (an additional license can be purchased for LUX Designs US to relinquish these rights). Furthermore, the Client waives his/her right to challenge the validity of LUX Designs US’s ownership of the media subject to this agreement because of any change or evolution of the law. The Client receives a semi-exclusive, limited license to all work product produced under this agreement, except for copywriting/content or branding/driving force work written up for the Client, in which case the license is an unlimited, semi-exclusive license, to do with the final copywriting what they will to produce the best SEO (Search Engine Optimization) and/or marketing results. This license in totality is dependent on the existing licenses for any and all stock artwork or photography used in the project. When it is easily foreseeable, LUX Designs US will make the Client aware of potential issues and deal with potential licensing issues by purchasing additional rights on behalf of the Client. A semi-exclusive license here means that LUX Designs US retains ownership and reserves the right to re-use small individual portions of the project in other relevant projects, so long as the other project is in an unrelated industry or is geographically separate (generally greater than 50 miles apart), unless a nationwide license has been purchased. A limited license here means both that the artwork may only be used for the medium it was designed (i.e. artwork in a brochure can not be used as artwork for an advertisement without an additional license fee) and that there is a limitation of reproducing any physical piece; the Client must not reproduce the finished piece more than 500,000 times. At the point that the client wishes to reproduce the finished deliverable in excess of 500,000 times, a new expanded license must be obtained. Transfer of ANY license is contingent upon payment in full. Websites and art and design for websites are restricted to the internet, and the artwork or design may only be displayed on one domain name at a time. Forwarding domain names is allowed.

Logo or Identity License

The General License terms above apply to logos and identity packages as well, however, these are granted an additional exclusive license, unless otherwise stated in writing. Usage is limited to the pre-determined geographical area, and exclusivity is guaranteed nationwide. Additional compensation must be negotiated to increase usage of logo to other geographical areas. Geographical areas are loosely defined as a circle with a 100 mile diameter, centered over the main address of the business when on any coast or within 75 miles of a coast, and a circle with a 150 mile diameter centered on the business when more than 75 miles away from a coast. Rights to use the logo nationwide may also be purchased outright for a negotiated sum. Logos are also restricted to ensure quality when reproduced in any medium.

Copyright Notice

For a better outward appearance of the client, copyright notices included on the final deliverable, if applicable, and copyright notices placed on websites, will all be placed in the name of the Client’s company. This does not affect the actual ownership of the materials pursuant to all stipulations herein.

Copyright and/or Trademark Infringement

It is the Client’s right to bring suit against another company or person for copying logo or design work completed for the Client. If the Client chooses to bring suit, it is the Client’s complete and sole responsibility. Transference of this right to the Client is not a relinquishment of LUX Designs US’s right. In order to register design pieces with the United States Copyright Office, the Client can pay LUX Designs US a set per-copyright fee of 1.5 billable hours to cover the costs incurred to register such pieces. If the Client will be registering the final files, the Client understands that it is best to do so within 90 days of creation and that LUX Designs US must be named as the creator and copyright holder. If the Client wishes to apply for a trademark, which the Client will own pursuant to licenses and restrictions already stated, the Client shall be fully responsible, financially, legally and otherwise, for the entire trademark application process.

Additional Rights

All rights not expressly granted to the Client are retained by LUX Designs US, including any electronic rights to usage and including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any use in addition to the use expressly granted requires arrangement for payment of a separate fee.

Additional Use

Any electronic alteration of original art or design (including but not limited to color shift, mirroring, flopping, combination cut and past, deletion, etc.) and/or creating additional art either at different sizes or different dimensions, or based on or conceptualized from the original artwork, is prohibited without the express permission of LUX Designs US. LUX Designs US shall be given first opportunity to make any alterations required. Unauthorized alterations shall constitute additional use and will be billed accordingly.

Third Party Licenses

Some elements of the design, writing, code, photography, artwork, clips, sound, or other media may be licensed by LUX Designs US from other companies or persons, in which case I receive a license to these elements, subject to the permissions in the license owed by LUX Designs US. LUX Designs US retains ownership of the artwork, design, code, writing and other media, or ownership to the license granted by a third party.

Byline and Portfolio

LUX Designs US reserves the right to display a byline or credit line, suitable to the design of the media, on all media developed for the Client. An additional 50% of the fee for the deliverable will be due for failure to include the byline or for future deletion, when LUX Designs US chose to include this line. In pieces where there is artwork, the right to place a byline is independent of the artist’s signature, which will be included at the artist’s discretion unless otherwise agreed to in writing. Samples of printed media will be made available to LUX Designs US upon request, unless a new printing must be completed to deliver the samples. Samples and photos of materials produced may be displayed in a portfolio, online or otherwise, for LUX Designs US. The Client may request, for an additional 100% fee, to remove all items from any portfolio.

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Files

Delivery of Files

Final files for any project will be delivered electronically, over the internet, to either the client or the printer, or both. For a service fee of one billable half hour, LUX Designs US will write files onto a free CD/DVD or free flash drive and deliver the files in this way.

Printer Specifications

If LUX Designs US is overseeing the printing, specifications will be discussed and detailed. If the Client is overseeing the printing, the project specifications must be detailed and outlined before the project begins, including bleeds, margins, folding or binding requirements, colors, etc. Failure to determine printing specifications before design phase may result in additional fees for extra communication with printer, publisher, or for additional conceptualization, or for recalibrating or adjusting the design and/or artwork for the final specifications.

File Warranty and Storage

LUX Designs US will put forth an effort to retain site, logo, design and other files for at least one year after the completion of each project, or make these files available to the client for download. Making these files available for download for at least one week, with a notice sent to the client, shall be considered fulfilling this aspect of the agreement in full. In the event that LUX Designs US is still holding project files, LUX Designs US agrees to restore the original version of a website to the Internet during the warranty period of one year after completion of the website at no cost to the Client. Such assistance shall include uploading the site (as the site was at time of completion, or to the latest backup available) to a server already set up with LUX Designs US (new servers will require a new server-setup fee). Additionally, for a service fee of one billable hour, LUX Designs US will write the site and/or design files to a free CD/DVD or free flash drive and send the files to me at any time. Any assistance in excess of this will be billed hourly. Reparation of changes or modifications done by other parties will be billable hourly. However, if unavoidable circumstances cause LUX Designs US to lose the design files, LUX Designs US will not be held liable for the files.

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Specifics

Website Design and Development

Most website design and development projects are done through Mikkomi. For those done through LUX Designs US, here are specifics: A large part of the website design and development services offered by LUX Designs US is laying out the pages of the website. When there are more words and content to lay out, it takes more time. Laying out any pages in excess of 500 words per page will result in additional layout charges of 1.5 hours at the current billable hourly rate, per additional 500 words, or in an additional per-page charge. IMPORTANT: Restaurant menus are complex to lay out. Generally more than 15 items displayed per page would incur extra fees. Please send details about your restaurant menu for an accurate estimate.

Clients may request to receive a one-page website, where all sections are displayed on one page but it appears to be multiple pages. Each section will be considered one page, for the purpose of estimating and for the purpose of this agreement.

Delivered website and claims made on website are the publisher’s responsibility and liability – LUX Designs US is not responsible nor liable for any claims or offers available on websites created by Aziari. This responsibility and liability is the company or individual that ordered the website.

Logo and Identity Terms

When requesting a logo or identity project, it is the Client’s responsibility to verify that the name requested is available in all the necessary jurisdictions. This includes domain names and at the state and federal level, if required. It is also the Client’s responsibility to verify that the name or tagline is not trademarked or reserved in some other way. LUX Designs US assumes no liability in the event that the name designed was unavailable. Name changes, after the initial designs, can and will be billed additional fees for the additional work necessary. These additional fees will be due whether the name change is due to learning that the name is not actually available, or due to a new thought process from the Client. When developing a logo or identity package, LUX Designs US will use reasonable commercial efforts to verify that logos or identities are original. LUX Designs US’s efforts shall not include a preliminary or a complete trademark or service-mark search. For a higher level of assurance, the Client should consult with a qualified attorney or consultant or the U.S. Patents and Trademarks Office, not party to this agreement. CLIENT EXPLICITLY HOLDS THE LUX DESIGNS US HARMLESS FOR ANY DAMAGES THAT OCCUR, INCIDENTAL OR CONSEQUENTIAL, FROM FAILED OR REJECTED TRADEMARK APPLICATIONS BASED ON DESIGN OR CONEPT WORK FROM LUX DESIGNS US.

Moving a Website

LUX Designs US has an arrangement with a website hosting and WordPress maintenance company who maintains state of the art solid state servers with lightning fast resources. As a part of its services, LUX Designs US moves websites that are launching onto these servers for launch, free of charge. If the Client wishes to change hosts, the website hosting/maintenance company OR LUX Designs US can move the site to the new host for a fixed fee equal to 4 billable hours. Alternatively, the Client can take the website files and move them to a host of their choice free of charge. LUX Designs US no longer registers domain names for clients.

Search Engine Optimization (SEO)

LUX Designs US makes every best effort to produce the best possible results when performing Search Engine Optimization. HOWEVER, there are NEVER any guarantees that any activities will result in better search engine performance. LUX Designs US performs numerous services in the overall effort of creating a more substantial search engine presence. These activities both take time to produce results (sometimes years) and also may simply not be enough if there is too much competition. See above, the disclaimer of all warranties, express and implied. AGAIN: THERE CAN NEVER BE ANY GUARANTEES THAT SEO WILL PRODUCE THE DESIRED RESULTS.

Copywriting

When LUX Designs US is producing copywriting for the Client, THE BURDEN OF CLARIFYING STATEMENTS, VERIFYING THAT ALL STATEMENTS ARE CORRECT AND WITHIN THE LEGAL BOUNDARIES OF WHAT YOU CAN SAY, REVIEWING CONTENT TO VERIFY THAT IT IS TRUTHFUL AND ETHICAL TO PRINT/PUBLISH, AND ALL OTHER RELATED ACTIVITIES ARE EXPLICITLY THE CLIENT’S. IN NO WAY WILL LUX DESIGNS US BE LIABLE FOR MISTAKES DUE TO CLIENT’S OVERSIGHT. COPYEDITING SERVICES AND COPYWRITING SERVICES ARE NOT MEANT IN ANY WAY TO IMPLY THAT THE SERVICES WILL ACTUALLY SELL ANY PRODUCT OR SERVICE; EVERY MARKET IS VOLATILE WITH MULTIPLE CONDITIONS AFFECTING IT AT ANY TIME.

Marketing

Marketing advice, solutions, plans and consulting are all presented to the Client as suggestions. Ultimately, the choice of what to do and the responsibility of those choices belongs to the Client; this is in part due to the tremendous number of factors affecting any business, such as customer service, attitude, financing, etc. COMMON SENSE AND FISCAL RESPONSIBILITY ARE ALWAYS IMPORTANT ASPECTS OF ANY MARKETING PLAN. See above, in the limitation of liability, where LUX Designs US DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, AND THE FITNESS FOR A PARTICULAR USE.

Promotional Items, or “Swag”

All promotional items, swag, t-shirts, mugs, electronics, gifts, or otherwise, are voluntary gifts by LUX Designs US to clients and potential clients. AT NO POINT is there ANY requirement by LUX Designs US to send ANYTHING to ANYBODY. People in a position where it may be unethical to accept gifts should inform LUX Designs US to not send any promotional items. Generally speaking, any gifts are valued at or below $100 USD retail.

Other Terms May Apply

Review the proposal or letter of agreement, if applicable, where the scope of work is outlined and additional terms may be detailed.

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Acceptance of Terms

As stated at the beginning of this document, signing or accepting any letter of agreement, proposal, quote or email signifies acceptance and agreement of all the terms herein. In addition, making a payment on an invoice signifies acceptance and agreement of these terms as well, as stated on the invoice. Submitting the form below also signifies an acceptance of these terms.