THE DESIGN CLUB TERMS
Service Provider: S co. Creative Design, LLC
Service Name: The Design Club Subscription
Subscription Fee (Based on Selected Tier at Checkout):
Tier One: $1,050 per month (up to 15 hours of services per month)
Tier Two: $697 per month (up to 6 hours of services per month)
Tier Three: $297 per month (up to 2 hours of services per month)
By subscribing to The Design Club, you ("Client") agree to these Terms of Service ("Agreement"). This Agreement outlines the responsibilities of both S co. Creative Design, LLC ("Company") and the Client regarding website management subscription services.
1. Client Responsibilities
1.1 Provision of Materials:
Client agrees to provide all requested materials, including but not limited to text content, images, and graphics, by the deadlines provided by the Company. Company is not responsible for obtaining these materials.
1.2 Request Submissions:
Clients must submit service requests for the current month before the 25th. Any hours unused within the monthly period will not roll over to subsequent months. Hours are utilized based on the Client's specific requests.
1.3 Review and Feedback:
For more extensive updates, such as new sections or full site redesigns, a review period and revision period included in the monthly hours will be provided during the project. For other edits, given the Company’s familiarity with the Client's style and website, no specific review period is required. Clients will be notified when requested edits are scheduled or completed, generally within 7 days of submission. If further adjustments are necessary, they will be included within the allocated hours. Any requested calls will be included based on your monthly hours. We include up to one call per month if hours allow. These are subject to your designer's availability.
1.4 Content Ownership and Licensing:
Client affirms that they have the right to use and share all materials, content, and images provided to the Company for use in the services provided. The Company is not responsible for any copyright or trademark issues arising from Client-provided content.
2. Company Responsibilities
2.1 Service Scope:
Company will provide website management services as outlined in the Client’s chosen subscription tier based on client’s monthly request submission through The Design Club portal. Company creates designs and makes updates within the capabilities of website platforms such as Squarespace. Company will not provide any website hosting services and is not responsible for backup, storage, or third-party services.
2.2 Platform Limitations:
Client understands that Company uses Squarespace for website design and is limited to the features and capabilities offered by that platform. Custom code may be offered at the discretion of the Company but is not guaranteed.
2.3 Privacy Policy and Terms & Conditions:
Client is responsible for ensuring that their website complies with all applicable privacy policies, terms, and conditions required by law. Company provides a page template for the privacy policy, but the content must be provided by the Client or through legal advice.
2.4 Communication and Project Scheduling:
Company will respond to Client submissions within 1-2 business days to share a plan and gather any necessary imagery or copy via a shared folder or document. Clients are also scheduled to upload new content such as blog posts, podcast streams, or product information each week, which will be managed and scheduled on their website and social accounts.
2.5 Notification of Completion:
Company will notify the Client via email when their requested edits and uploads are scheduled or completed, allowing for any additional tweaks as needed within the available hours in chosen Tier.
3. Content Ownership & License
3.1 Client Ownership:
Upon full payment, the Client will own all work product created by the Company, which includes all drafts, materials, and finalized designs. The Company will transfer ownership rights once payment for the services is received in full.
3.2 Use of Client's IP:
The Company may use the Client's intellectual property to perform its services. This includes using logos, brand assets, and other provided materials in the course of delivering the services.
3.3 Compliance and Infringement:
Company warrants that its services will comply with applicable laws and will not infringe on the rights of third parties. The Client must ensure that all content provided to the Company complies with applicable copyright and trademark laws.
4. Service Limitations
4.1 Scope of Services:
Monthly hours cannot be used for in-depth projects, including but not limited to new website designs, course creation, or new membership area development. These projects will require a separate quote.
4.2 Additional Hours and Rates:
Services requested beyond the allocated monthly hours will require approving from Client and billed at the Company’s standard hourly rate of $100/hour. For any requests that are outside of the chosen Tier hours, we are happy to pause the designs and pick them up during the next month’s hours.
4.3 Additional Site Page Design:
Requests for new site pages will have a 7-day revision period for feedback and changes.
4.4 No Hosting or SEO Guarantees:
While SEO work may be performed and we have seen amazing results as part of the subscription, Company cannot guarantee any specific results from SEO efforts. Company cannot guarantee any results from this subscription.
5. Changes and Revisions
5.1 Change Requests:
Requests for additional changes or services that exceed the hours included in the subscription will be notified before usage and if approved, billed at the Company's standard hourly rate. The Client must provide clear instructions for all requested changes. If services are paused due to a lack of response from the Client, the Company reserves the right to reschedule design work.
S Co. Creative Design acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by S Co. Creative Design on behalf of client or disclosed by client to S Co. Creative Design.
In no event shall Company be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Client has spent a satisfactory amount of time reviewing Company’s work and has a reasonable expectation that Company will perform the services in a similar manner and style as indicated on Company’s website, social media, and galleries unless otherwise specified within this Agreement. Every client is different, with different tastes, budgets, and needs.
Artistic Style
Website design services are often a subjective art and Company has a unique vision, with an ever-evolving style and technique. Company will use its artistic judgment when providing design services for Client, which may not include strict adherence to Client's suggestions. Although Company will use reasonable efforts to incorporate Client's suggestions and desires when providing Client with the services, Company shall have final say regarding the aesthetic judgment and artistic quality of the services. Dissatisfaction with Company's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
6. Payment Terms
6.1 Subscription Payment:
The Client will be charged according to the selected subscription tier:
Tier One: $1,050 per month
Tier Two: $697 per month
Tier Three: $297 per month
Payment must be made in advance, and access to services will only be provided for the duration of the paid period.
6.2 Late Payments:
If payment is not received within 7 days of the due date, the Company reserves the right to pause services until payment is received. Failure to pay for more than 14 days may result in the cancellation of the subscription and termination of services.
7. Termination
7.1 Termination by Company:
Company reserves the right to terminate this Agreement at any time for any reason. If the Company cancels the subscription, a prorated refund for unused services will be provided. No refunds will be issued for any unused hours or cancellation performed by Client.
7.2 Termination by Client:
The Client may cancel their subscription at any time by providing written notice. No refunds will be provided for the current month if canceled.
8. Limitation of Liability
In no event shall the Company be liable to the Client for consequential, incidental, indirect, or special damages, including but not limited to lost profits or lost data, arising from this Agreement or the services provided hereunder.
9. Entire Agreement
This Agreement constitutes the entire understanding between the Client and Company. Any modifications must be in writing and agreed to by both parties.
By subscribing to The Design Club, the Client agrees to these terms of service. Please email alisha@scocreative.com for any questions.