Effective Date: January 10, 2025
Last Updated: January 10, 2025
Agreement to Terms
Welcome to The Design Hook Co LLC ("Company," "we," "our," or "us"). By accessing our website www.thedesignhookco.com or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.
IMPORTANT: These Terms of Service provide general information about our business practices. Specific terms for services, including pricing, deliverables, timelines, payment terms, and other project details, are established in individual Service Agreements negotiated with each client. Your Service Agreement takes precedence over these general Terms in the event of any conflict.
Services Offered
The Design Hook Co LLC provides various digital marketing and design services including but not limited to: Social Media Management Web Design & Development Content Creation & Video Production Graphic Design & Branding Email Marketing & Campaigns Brand & Content Strategy
All services, deliverables, timelines, pricing, and terms are determined by individual service agreements, proposals, or contracts ("Service Agreement") negotiated between The Design Hook Co LLC and each client. These Terms of Service provide general guidelines, but specific terms in your Service Agreement will take precedence.
Use of Website
Permitted Use
You may use our website for lawful purposes only. You agree not to: Violate any applicable laws or regulations Infringe on intellectual property rights Transmit harmful code, viruses, or malware Attempt to gain unauthorized access to our systems Use our website for any fraudulent or malicious purpose Scrape, copy, or reproduce content without permission
Intellectual Property
All content on our website, including text, graphics, logos, images, and software, is the property of The Design Hook Co LLC or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
Service Agreements and Contracts
Proposals and Quotes
All proposals and quotes are customized for each client and project. Terms, including validity period and pricing, will be specified in the individual proposal or quote. Unless otherwise stated, proposals are typically valid for 30 days.
Acceptance of Services
A binding contract is formed when:
Project Scope
The scope of work will be clearly defined in your Service Agreement. Any work outside the agreed scope may be subject to additional fees.
Payment Terms
All payment terms, including fees, payment schedules, accepted payment methods, late fees, refund policies, and deposit requirements are determined by your individual Service Agreement. The following are general guidelines only:
Fees and Payment
All fees are stated in U.S. Dollars (USD) Specific payment terms, amounts, and schedules will be clearly outlined in your Service Agreement Payment structures may vary by project type and client needs
Accepted Payment Methods
Payment methods will be specified in your Service Agreement and may include: Credit/debit cards Bank transfer (ACH) PayPal Other methods as mutually agreed upon in writing
Late Payments
Late payment terms, including any applicable fees, will be specified in your Service Agreement We reserve the right to pause or terminate services for non-payment according to the terms in your Service Agreement
Refunds
Refund policies are determined on a project-by-project basis and will be clearly outlined in your Service Agreement
Client Responsibilities
As a client, you agree to: Provide timely feedback and necessary materials Respond to communications within reasonable timeframes Provide accurate information and content Ensure you have rights to all materials you provide to us Review and approve deliverables in a timely manner Make payments according to agreed terms
Content and Materials
You are responsible for ensuring that all content, images, text, and materials you provide: Do not infringe on third-party intellectual property rights Are accurate and not misleading Comply with all applicable laws and regulations Do not contain defamatory, obscene, or illegal content
You grant us a non-exclusive license to use provided materials for the purpose of delivering our services.
Our Responsibilities and Deliverables
Quality of Work
We will: Deliver services in a professional and timely manner Provide work that meets industry standards Communicate regularly regarding project progress Address concerns and feedback promptly
Timelines
Project timelines, deadlines, and delivery schedules will be specified in your Service Agreement. Timelines are estimates and may be affected by factors including but not limited to: Delays in client feedback or material provision Scope changes Unforeseen technical issues Force majeure events
Any modifications to agreed timelines will be communicated and documented in writing.
Revisions
The number of revision rounds, scope of revisions, and any fees for additional revisions will be specified in your Service Agreement.
Intellectual Property and Ownership
Client-Provided Materials
You retain all rights to materials you provide to us.
Work Product Ownership
Upon full payment, you will own the final deliverables as specified in your Service Agreement. This includes: Final website files Final design files in agreed formats Content created specifically for your project
Our Intellectual Property
We retain ownership of: Our processes, methodologies, and techniques Template frameworks and code libraries Pre-existing materials and resources Any work created before full payment is received
Portfolio Rights
We reserve the right to display completed work in our portfolio, website, and marketing materials unless you request confidentiality in writing.
Social Media Management Specific Terms
For social media management clients:
Account Access
You grant us access to your social media accounts for the purpose of managing and posting content. You remain the account owner.
Content Approval
Content posting workflows will be established in your Service Agreement. We are not responsible for: Content posted by you or others on your accounts Comments or interactions from third parties Platform changes or algorithm updates Account suspensions due to platform policy violations
Platform Compliance
All content we create will comply with platform guidelines. You are responsible for ensuring compliance with industry-specific regulations (FTC disclosures, etc.).
Web Design and Development Specific Terms
Hosting and Domain
Unless otherwise agreed: You are responsible for purchasing and maintaining your domain name You are responsible for web hosting fees We can recommend hosting providers or include hosting in our packages
Third-Party Integrations
We are not responsible for changes to third-party services, plugins, or APIs that may affect your website's functionality.
Website Maintenance
Ongoing maintenance services are available separately. Without a maintenance agreement, we are not responsible for: Software updates Security patches Bug fixes after project completion Content updates
Browser and Device Compatibility
We design websites to work on modern browsers and devices. We test across major browsers but cannot guarantee perfect functionality on all browser versions or devices.
Confidentiality
We agree to keep confidential any proprietary information you share with us during the course of our engagement. We will not disclose such information to third parties without your consent, except as required by law.
Limitation of Liability
To the fullest extent permitted by law:
Our total liability for any claims arising from our services shall not exceed the total amount paid by you for the specific service in question We are not liable for indirect, incidental, consequential, or punitive damages We are not liable for loss of profits, revenue, data, or business opportunities We are not responsible for third-party actions or platform changes beyond our control
Indemnification
You agree to indemnify and hold harmless The Design Hook Co LLC from any claims, damages, losses, or expenses (including legal fees) arising from: Your breach of these Terms Content or materials you provide Your use of our deliverables Your violation of any third-party rights
Termination
By Client
You may terminate services by providing written notice as specified in your Service Agreement (typically 30 days). You remain responsible for: Payment for all work completed Any non-refundable deposits Termination fees if specified in the agreement
By Us
We may terminate services if: You breach these Terms or your Service Agreement Payment is not received within 30 days of due date You engage in abusive or unreasonable behavior Continuing the relationship is not feasible
Upon termination, you will receive all work completed to date upon receipt of payment.
Force Majeure
We are not liable for delays or failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, pandemic, labor disputes, government actions, or internet/utility failures.
Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles.
Jurisdiction
Any disputes will be resolved in the state or federal courts located in King County, Washington.
Mediation
Before pursuing litigation, both parties agree to attempt to resolve disputes through good-faith mediation.
Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance of the revised Terms. Existing Service Agreements will remain governed by the Terms in effect at the time of signing.
Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with your individual Service Agreement, constitute the entire agreement between you and The Design Hook Co LLC regarding our services. In the event of any conflict between these Terms of Service and your Service Agreement, the terms in your Service Agreement shall take precedence.
Contact Information
For questions about these Terms, please contact us:
The Design Hook Co LLC
Email: nicole@thedesignhookco.com
By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.