
TERMS OF SERVICE
​Effective Date: January 30, 2025
These Terms of Service ("Terms") govern your use of our website (https://www.jcreative-design.com) and our services.
01
INTRODUCTION
​Welcome to JCREATIVE-DESIGN ("Freelancer", "I", "me", "my"). These Terms of Service ("Terms") govern your use of my services. By accessing or using my services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use my services.
02
SERVICES
I provide website design, branding, and brand strategy services ("Services"). Detailed descriptions of my Services can be found on my website (https://www.jcreative-design.com).
03
ELIGIBILITY
To use my Services, you must be at least 18 years old and have the legal capacity to enter into a binding agreement.
04
INTELLECTUAL PROPERTY
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All content provided in the course of my Services, including but not limited to text, graphics, logos, images, and software, is my property or the property of my licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content without my prior written permission.
05
USER CONDUCT
​You agree to use my Services only for lawful purposes and in a manner consistent with these Terms. You shall not engage in any activity that interferes with or disrupts my Services.
06
PAYMENT & FEES
All fees for my Services are quoted in USD and are payable as specified in the contract or invoice provided to you. Payment terms and methods will be agreed upon before commencing any project. Full payment or a deposit may be required before work begins, as specified in the contract.
07
CONFIDENTIALITY
I respect the confidentiality of your information and agree not to disclose any confidential information provided to me during the course of our engagement without your consent, except as required by law. This includes but is not limited to business plans, financial information, proprietary data, client lists, and any other sensitive information.
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The client also agrees to keep confidential any information shared with them by me, including but not limited to my methods, processes, pricing, and any other proprietary information.
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Prior to the commencement of any project, the following provisions apply:
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Definition of Confidential Information: Before starting any project, the client shall define in writing what constitutes confidential information. This definition will be mutually agreed upon and documented to ensure clarity and understanding.
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Client Responsibility for NDAs: It is the client’s responsibility to provide Non-Disclosure Agreements (NDAs) to any members of their company, teams, partners, or contractors whom they deem necessary. I will not be responsible for enforcing confidentiality within the client’s organization or among third-party collaborators.
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Information Sharing: Confidential information will be shared on a need-to-know basis and only with those individuals who are directly involved in the project.
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Data Security: I will implement and maintain reasonable security measures to protect confidential information from unauthorized access, use, or disclosure.
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Return or Destruction of Information: Upon completion of the project or termination of the engagement, all confidential information, including copies, must be returned to the disclosing party or securely destroyed, as requested.
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Non-Disclosure to Competitors: I will not share any confidential information or specific data with competitors in the client’s field of business or interest.
Your obligation to maintain the confidentiality of information will survive the termination of these Terms and your use of my Services.
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08
LIMITATION OF LIABILITY
To the maximum extent permitted by law, I shall not be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, use, goodwill, or other intangible losses, whether incurred directly or indirectly, resulting from:
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Use of Services: Your use of or inability to use my Services;
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Unauthorized Access: Any unauthorized access to or use of my servers and/or any personal information stored therein;
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Service Interruption: Any interruption or cessation of transmission to or from my Services;
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Errors or Omissions: Any errors, mistakes, or omissions in any content;
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Third-Party Actions: Any conduct or content of any third party on my Services, including unauthorized access, hacking, data theft, or any other malicious activity.
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Legal or Regulatory Changes: Any changes in laws or regulations affecting my Services.
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​General Liability Limitation: Any claims arising out of or relating to the agreement, use of the website, project, or any indirect events, including direct or indirect damages, whether related to the services provided or otherwise.
In no event shall my total liability to you for all claims arising out of or relating to these Terms or the use of my Services exceed the amount paid by you to me for the Services in question.
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09
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Client's Responsibility for Hosting Platform: The client is responsible for ensuring that the hosting platform for their website is up to date and meets current industry standards. This includes but is not limited to ensuring that the platform supports the latest versions of necessary software and technologies such as jQuery, jQuery Migrate, PHP, and any other relevant software.
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Impact on Services: I am not responsible for any delays, inefficiencies, or issues that may arise from the client's use of outdated or unsupported hosting platforms. It is the client's responsibility to address any such issues with their hosting provider.
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Recommendations: I may provide recommendations for hosting platforms and software updates that are compatible with the Services provided. However, the final decision and responsibility for implementing these recommendations lie with the client.
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Ongoing Maintenance: The client is responsible for the ongoing maintenance of their hosting platform and software to ensure continued compatibility with the Services provided. This includes applying updates, patches, and any necessary upgrades to maintain optimal performance and security.
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Liability: I shall not be liable for any loss, damage, or disruption caused by the client's failure to maintain an up-to-date and industry-standard hosting platform. This includes any loss of data, decreased website performance, or security vulnerabilities.
PLATFORM & SOFTWARE STANDARDS
10
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless me, my affiliates, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, losses, damages, judgments, awards, fines, penalties, costs, and expenses, including but not limited to attorneys' fees and court costs, arising out of or relating to:
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Your Use of Services: Your use of my Services, including any content or materials you submit or make available through my Services;
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Breach of Terms: Any violation of these Terms by you or anyone using your account;
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Third-Party Claims: Any claims brought by third parties arising out of or related to your use of my Services or any content you provide;
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Intellectual Property: Any claim that your use of my Services or any content you provide infringes or violates any intellectual property rights or other rights of any third party;
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Violation of Law: Any violation of any applicable law, regulation, or governmental directive by you;
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Harm to Others: Any actual or alleged negligent or willful misconduct by you that causes harm to another party.
In the event of such a claim, you agree to provide me with prompt written notice of the claim, to allow me to control the defense and settlement of the claim, and to cooperate fully with me in the defense. I reserve the right, at my own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Your obligation to indemnify the Indemnified Parties will survive the termination of these Terms and your use of my Services.
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11
TERMINATION
I reserve the right to terminate or suspend your access to my Services at any time, without notice, for conduct that I believe violates these Terms or is harmful to other users of my Services, me, or third parties, or for any other reason in my sole discretion
12
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
13
CHANGES TO TERMS
I reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on my website. It is your responsibility to review these Terms periodically for updates. Your continued use of my Services after such changes constitutes your acceptance of the new Terms.
14
CONTACT INFORMATION
If you have any questions about these Terms specified above, please contact me at:
Email: julie@jcreativedesign.com