Terms of Service for Katsubis Designs

Last Updated: July 7, 2025

1. Introduction & Acceptance of Terms

Welcome to Katsubis Designs. These Terms of Service ("Terms") govern your access to and use of the website located at katsubisdesigns.com (the "Site") and all related design, branding, and marketing services (collectively, the "Services") provided by Katsubis Designs ("we," "us," or "our").

By accessing the Site or engaging our Services, you ("you" or "the Client") agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our Site or Services.

2. Description of Services

We provide a range of creative services including, but not limited to, brand strategy, logo design, digital marketing, and content creation as detailed in individual project proposals or statements of work ("Proposal"). The specific scope, deliverables, timelines, and fees for your project will be outlined in a formal Proposal, which becomes part of this agreement upon your acceptance.

3. Intellectual Property Rights

3.1. Ownership of Final Artwork: Upon our receipt of full, final payment from the Client for a project, we grant the Client exclusive and perpetual rights to the final, approved artwork specified in the Proposal.

3.2. Ownership of Preliminary Work & Concepts: We retain all ownership and rights to any and all preliminary concepts, drafts, and designs created during the project that are not selected as the final approved artwork. We may use such materials for any purpose, including in our portfolio and for marketing efforts.

3.3. Our Portfolio Rights: We retain the non-exclusive, perpetual right to display any and all work created for the Client, including final approved artwork, in our professional portfolios, on our website, and in marketing materials for promotional purposes.

4. Client Responsibilities

To ensure a timely and successful project, the Client agrees to provide all necessary information, assets (text, images, logos), and feedback in a timely manner. Delays in providing these materials or approvals may result in delays to the project timeline and may incur additional fees. The Client is responsible for proofreading and approving all final designs and content. An approval of final artwork is considered conclusive.

5. Payment Terms

5.1. Fees and Deposits: All project fees will be outlined in the Proposal. A non-refundable deposit of [e.g., 50%] of the total estimated fee is required before any work begins.

5.2. Invoicing and Payment: The final balance is due upon completion of the project, prior to the release of the final, high-resolution files. All payments are due within [e.g., 15] days of the invoice date.

5.3. Late Payments: Payments not received by the due date will incur a late fee of [e.g., 5%] per month on the outstanding balance. We reserve the right to withhold all deliverables until full payment has been received.

6. Limitation of Liability

[IMPORTANT: This clause must be carefully drafted by a lawyer to be enforceable in your jurisdiction.]

To the maximum extent permitted by law, Katsubis Designs shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to lost profits, arising from or in connection with our Services or these Terms. Our total liability to you for any and all claims arising from the use of our Services is limited to the total amount of fees you paid to us for the Services in question.

7. Disclaimer of Warranties

Our Services are provided "as is." We expressly disclaim all warranties, whether express or implied, including the warranty of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our Services will result in any specific level of business success, sales, or brand recognition for the Client.

8. Termination

Either party may terminate the project agreement by providing written notice to the other party. In the event of termination by the Client, the Client agrees to pay for all work completed up to the date of termination, and the initial deposit remains non-refundable. Upon termination, we will retain ownership of all artwork and concepts created.

9. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [Spartanburg County], South Carolina, and the parties hereby consent to the personal jurisdiction and venue therein.

10. Contact Information

If you have any questions about these Terms, please contact us at hello@katsubisdesigns.com.