Marina Carpenter, LLC Terms of Use
This website is operated by Marina Carpenter, LLC (“Marina Carpenter”, “we”, “our” or “us”). By accessing this Website, our social media channels, or any portal or survey to which we provide you with access (“the Sites”), or purchasing any digital product made available on this Website (“Digital Products”) you agree to be bound by these Terms of Use. We may amend these Terms of Use at our discretion at any time and without notice. By accessing the Sites or purchasing a Digital Product, you accept these Terms of Use, as they appear on the Website at the time. If you do not accept these Terms of Use, then you must immediately cease using the Sites and you should not purchase any Digital Products. To access the Sites or purchase any of the Digital Products, you must be at least 18 years of age and warrant that you have the authority to enter into these Terms of Use.
Accuracy of Information accessed on or via the Sites
Information found on the Website is intended to be general in nature. You should not act or rely on any information found on the Website without obtaining prior advice specific to your circumstances. Any reliance that you place on the information found on this Website is at your own risk.
Whilst steps are taken to ensure that the information appearing on the Sites remains current, delays, errors or omissions could affect its accuracy or currency. It is your responsibility to assess and verify the accuracy, completeness and reliability of any information found on the Sites.
At any given time, and without prior notice in cases where a formal quote is yet to be given, we reserve the right to amend and/alter the schedule of fees for any of our services, or for any of our Digital Products, available for download on our Website.
Whilst we endeavor to describe our services, the Digital Products, and their corresponding prices as accurately and as completely as possible in our schedule of fees or on the Website, please do not assume that they are in all respects fixed at those rates. The information set out in our schedule of fees or on the Website is based on the average cost to complete the services. There may be circumstances that require additional or different services to be provided than normal to complete your request and this will be discussed and agreed with you prior to acceptance of your request for Marina Carpenter, LLC to provide a service.
Liability
Materials available on the Sites may contain links to material on other websites (“Third Party Materials”) and Marina Carpenter, LLC does not monitor, edit, approve, review, endorse or sponsor any of those Third Party Materials.
We are not liable to you or any other person for any loss or damage (however caused, including by negligence) arising from or in connection with the use of this Website, your purchase or use of a Digital Product, or any Third Party Materials.
We make no representations, warranties or guarantees as to the quality, accuracy, fitness for purpose, completeness, availability, currency or continuity of any of the materials available on the Website or any Third Party Materials, and we reserve all rights to correct any inaccuracies on this Website at any time without notice to you.
We do not represent, warrant, or guarantee that the Sites, the Digital Products or any Third Party Materials are free from computer viruses or any other defect or error which may affect your software or systems, and you should ensure that your computer is protected from any such viruses or defects through appropriate security systems. Any access by you to any Third Party Materials is subject to any terms and conditions found on the websites of those third parties.
To the maximum extent permitted by the law, Marina Carpenter, LLC excludes:
all liability for any and all direct, indirect, incidental, special or consequential loss, damage, cost and expense (including, without limitation, loss of revenue, goodwill, profit, damage to reputation, under or in relation to any other contract, data, use of data or anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person, in connection with, or in any way relating to the Sites, any content found on them, any Digital Product or Third Party Materials;
any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us.
Despite the above, if the Federal Trade Commission Act or any other legislation states that there is a guarantee in respect of goods or services supplied (including the Digital Products), and our liability for breach is unable to be excluded but can be limited, our liability for such breach is limited to, at our option:
in the case of a supply of goods, replacing the goods, supplying equivalent goods, or having the goods repaired; or
in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.
Discontinuation and interference
We reserve the right to refuse access or discontinue service to any part of the Sites to any person or entity without obligation to assign a reason for doing so.
We may at any time change or discontinue any aspect or feature of the Sites, or any of the Digital Products.
We do not warrant that your access to or use of the Sites will be uninterrupted or error free or that the Sites or any material on or accessible through the Sites are free from errors, viruses, worms, trojan horses or other harmful components.
Intellectual Property
Except as otherwise stated, we own or are licensed and reserve all of our rights in, the copyright and other intellectual property rights in any content appearing on the Sites, including the Digital Products. You must not reproduce, distribute, adapt, or transmit any content appearing on the Sites without our prior written consent.
Marina Carpenter, LLC makes no warranties or representations that the Third Party Materials do not infringe the intellectual property rights of any third party.
There may be trademarks on the Sites or found on Third Party Materials which may be owned by Marina Carpenter, LLC or by third parties. All trademarks mentioned on the Sites or on Third Party Materials may not be used or distributed without the consent of Marina Carpenter, LLC or the relevant third-party owner, as the case may be.
Before purchasing a Digital Product, you should ensure that you have read and understood these Terms of Use. You agree that by purchasing a Digital Product, you accept that these Terms of Use will govern your right to use and access the Digital Product.
You should ensure that you fully understand what you are purchasing before you purchase the Digital Products. If you have any questions about the Digital Products, you should contact us with your questions prior to purchasing the Digital Products.
Except as otherwise required by law, due to the nature of the Digital Products, you will not be entitled to a refund of the fees you pay for the Digital Product after purchase.
In order to properly use the Digital Products, you may be required to create accounts with third party providers. Whilst we design the Digital Products to enable you to utilize free tools offered by those third-party providers, we cannot warrant the continued availability of those free tools. Each of those third providers has their own terms of use and privacy practices and we are not responsible for their conduct.
When you purchase a Digital Product, you agree that:
unless otherwise specified, payment will be in US Dollars and payable at the time of purchase;
you will be granted a non-exclusive, revocable license to use the Digital Product for the purpose in which it was provided, as set out on the Website;
you are expressly prohibited from:
sub-licensing, assigning or transferring the license to the Digital Product to any third party;
using the Digital Product for any commercial purpose;
publicly displaying the Digital Product;
copying or creating derivative works from the Digital Product;
removing any copyright or other proprietary notations from the Digital Product; or
sharing, reselling, or distributing the Digital Product to any third party.
When purchasing a Digital Product, you represent and warrant to us that any credit card or payment information you give to us is accurate and complete and that you are duly authorized to make payment to us using that credit card.
We may from time to time amend and update Digital Products as we see fit. We will not provide you with those updates in the event of any such amendment if you have previously purchased a Digital Product.
Starter, Pro & Premium Packages include Domain & Hosting Registration setup for 1-year and client is responsible for annual charge thereafter.
Legal Pages include: Privacy Policy & Terms of Service pages.
Custom business email addresses to match your domain & forwarded to your personal email address or setup through Google Workspace (client is responsible for monthly or annual subscription charges.
Email Marketing setup is for free subscription only (eg. Mailchimp or ConvertKit). Additional subscription might be required and client responsibility.
Your use of the Sites
In accessing and using the Sites, you must not post or transmit on any part of the Sites, including in the comments on the blog made available on the Website which:
breaches any laws or regulations or are contrary to any relevant standard or codes;
interferes with other users of the Sites, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Site user from using the Sites;
constitutes commercial advertising, the promotion of gambling or the promotion of another website;
infringes anyone else’s copyright or other intellectual property rights;
tampers with, hinders or modifies the Sites;
knowingly transmits any viruses or other disabling features to the Sites.
By accessing the Sites our purchasing any Digital Products, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your access or use of the Sites or your use of the Digital Products.
When providing us with information through the Sites, you understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
Privacy
Web Digital Studios has adopted a privacy policy which can be found on the Website and should be read in conjunction with these Terms of Use before accessing other content on the Sites. You can also obtain a copy of our privacy policy by contacting us and requesting a copy.
Applicable Law
These Terms of Use, and your use of the Sites generally, are governed by the laws of California, USA. You agree to submit to the non-exclusive jurisdiction of the courts of the State of California, USA.
Severability
If any term, provision, covenant, or condition of these Terms of Use is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Marina Carpenter, Limited Terms of Service
These are our standard terms of service for any design project. Have a good read-through, and if anything jumps out at you as a potential issue, let us know before the project begins and we can discuss any alterations that might be needed for your project.
Payment
Deposits, final payments, and delivery
I reserve the right to request a 50% deposit before starting work on your project. If a deposit is requested, an invoice will be generated and delivered via email; payment is expected within 30 days of issue. By remitting deposit funds you are accepting these Terms of Service and entering a contract with Marina Carpenter, LLC.
I will invoice for the remaining cost of the project and associated services before the release of any files or final exports. I reserve the right to withhold delivery until payment has been received in full.
I reserve the right to invoice before the time detailed if you have been uncontactable/unresponsive for more than 30 days.
You may reserve the right to request a payment plan which may be accepted at our discretion. All payment plans must be agreed to by both parties in writing.
All payments are to be made within 30 days of issue.
I reserve the right to charge you for any fees incurred relating to the commencement of collection and recovery processes for accounts that remain unpaid more than 30 days.
Fonts & Typefaces
Licensing of any used fonts or typefaces
Any fonts/typefaces that are purchased for the final design, and/or supporting brand identity assets, are subject to commercial licensing laws. A font/typeface license gives only the owner full rights to use the font/typeface as necessary.
In our initial presentation of concepts, I will provide information on the typefaces used and where they can be acquired. It is the responsibility of the client to acquire any necessary font licenses (paid or unpaid), so please bear this in mind when approving designs.
It is against the law for us to provide any client a ‘copy’ of any font/typeface that we own and have personally purchased.
If you would like to use a copy of a font/typeface that I have purchased, to be used commercially, you must purchase the respective font/typeface license, and register it in your name.
Typically, a font used in a logo or design will not need to be licensed, as the graphics are converted to vector artwork and can no longer be edited. However, should you require a font to use in your artwork for editing purposes, such as on a website or a print presentation, then you will need your license through a desktop license purchase.
These can typically be found at:
Fontspring
MyFonts or Fonts.com
Type Network
Restrictions
Restrictions to the signing of this agreement
These Terms of Service do not give you the rights or permission to use/modify/alter/replicate or borrow any of the previous ideas/concepts/sketches that I present. All original preparation materials, sketches, visuals, and unused ideas shown and considered will remain the property of Marina Carpenter, LLC.
We are free to use these unused and previous ideas for future conceptual and client work. Where a previously unused idea/design retains a similar look and style to the finished one, I shall repurpose and style so that the end design is sufficiently different to not cause conflict.
Unless otherwise agreed and arranged, I reserve the right to showcase the finished logo and associated designs in our portfolio and any number of online galleries/portfolio/showcases/awards as well as in printed literature including books and magazines, now and in the future. Associated designs and artwork can include commercial print design/business cards/stationery design/signage/desktop icons/mobile phone/website design/development and other portable device application icons and imagery.
ANY supporting artwork and designs required by this project can be used as indicated by us for personal and professional reasons.
You are free to change, modify, and adapt the finished design as you see fit, but you do so at your own risk.
Ownership & Copyright
All preparation materials, sketches, and visuals, including the electronic files used to create the project, remain the property of Marina Carpenter, LLC. The final artwork/digital files will become your property ONLY upon final payment of the project.
If final payment is NOT received as agreed, all designs and concepts will remain the property of Marina Carpenter, LLC until payment is received.
If there are issues with final payment, I reserve the right to reuse or end any of these ideas for other clients, or to be used freely as concepts in our portfolio.
Should the client attempt to use/modify/alter/replicate or steal any of our ideas without making an agreed final payment, I will take immediate legal counsel.
Marina Carpenter, LLC reserves the right to show any artwork, ideas, or designs created for this project in a portfolio as examples of client work. This is typically, but not limited to the completion of the project. If you have any specific ‘secrecy/stealth mode’ or NDA requirements, please mention this before agreeing to the proposal.
Final payment ensures that ONLY the agreed design becomes your property. Any previous ideas/concepts remain mine unless any prior agreement has been made.
Trademark & Copyright
Due to the lengthy and often costly procedures required to initiate any form of Trademark, Copyright, and legal name search, we are unable to provide any practical help with this.
If you require the logo to be registered as a trademark, then you must seek your own legal advice.
Brand Naming
You take full responsibility for ensuring that your company/product/name is legally free/available before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible, neither are we legally responsible for any problems thus arising.
Please ensure the name you are using is free and legally safe to use before committing to a logo and design project. Project name changes during a project are exceptionally costly, challenging to implement, and cause significant delays.
If a change of name is required mid-way through a project, and significant design exploration work has already been presented, then I will have no choice but to recalculate the total cost of the project, to allow for the reworking involved. Please ensure that the name you are using has been subject to appropriate checks, is not in use by someone else, and/or infringes on any other registered trademark, business name, etc.
Cancellation
Cancellation during the project
If you choose to cancel the project midway through, where ideas and proposals have been submitted, a refund of the previous payment is not possible. However, depending on the work completed and the overall budget, a portion of the funds may be returned.
If we are unable to complete the project due to illness or unforeseen circumstances, a portion of the overall budget will be returned. In most cases, the complete amount will be refunded. If any work, so far completed, can be used for another designer to pick up, then a percentage will be refunded based on the work completed or any other reasonable suggestion will be considered.
Project Suspension
I reserve the right to suspend any project if there is interference with excessive micromanaging, demonstrating a continued lack of trust and inability to move forward after showing more than a reasonable number of unique design ideas/concepts, and/or showing a reluctance in paying the final payment.
Fair notice will be given with a fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of Marina Carpenter, LLC.
Force Majeure
In the event I fail to perform any obligation pursuant to these Terms of Service due to an “act of God” or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of these Terms of Service, provided that you are notified of the existence and nature of the reason for our non-performance and delay, and I resume performance immediately upon the conclusion of the relevant force majeure.
Limitation of Liability
Loss or damage
You agree and accept that Marina Carpenter, LLC is not legally responsible for any loss or damage suffered or incurred related to the use of any of our services, whether from amendments, errors, or omissions in documents, designs, information or any goods or services offered by us. This includes your use or reliance on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials I produce, amends, or designs is entirely at your own risk, for which I shall not be liable.
You acknowledge that such information and materials may contain inaccuracies or errors and expressly exclude liability of Marina Carpenter, LLC for any such inaccuracies or errors to the fullest extent permitted by law.
We affirm that all designs presented to you will be original and to the best of our knowledge will not infringe/plagiarize any other work. We will perform limited checks to ensure that our work has not unintentionally infringed on another’s design, including limited checks against the WIPO database and reverse image checks across search engines. However, we assume no legal responsibility for any loss or damage suffered or incurred related to legal issues regarding the originality or authenticity of our work. You agree to perform your own checks and due diligence regarding plagiarism and originality. Should you have any concerns, please discuss this item with us before commencing work.