Terms of Service
Welcome to NovaGlyph Creative. These Terms of Service ("Terms") govern your access to and use of the services, website, and related materials provided by NovaGlyph Creative ("Company", "we", "our", or "us"). By engaging our services, accessing our website, or placing an order for any of our offerings, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you must not use our services or access our website.
1. Definitions and Interpretation
In these Terms, "Client" refers to any individual, company, or organization that engages NovaGlyph Creative for design, branding, or consulting services. "Services" includes but is not limited to brand identity development, logo design, brand asset creation, brand guideline development, visual design for online platforms, and any related creative or consulting work. "Deliverables" means the final work product delivered to the Client upon completion of a project, including but not limited to logo files, brand guideline documents, visual assets, design files, and digital materials. "Project" refers to a defined scope of work agreed upon between NovaGlyph Creative and the Client, as outlined in a project proposal or contract.
2. Services Provided
NovaGlyph Creative provides professional branding and visual identity services. Our core offerings include brand identity development, logo and brand asset creation, brand guideline systems, and visual design for digital platforms. The specific scope, timeline, and deliverables for each project will be agreed upon in writing before work commences. We reserve the right to modify our service offerings at any time without prior notice, although any changes will not affect active projects already under contract.
Our design process follows a structured methodology encompassing research and discovery, concept development, design refinement, and final delivery. The Client agrees to participate in this process in good faith, providing timely feedback, necessary brand materials, and approvals at each stage as required to maintain project timelines.
3. Client Obligations
The Client agrees to provide all necessary information, materials, and access required for the successful completion of the project. This includes, but is not limited to, brand assets, existing style guides, content, copy, images, and any third-party credentials or access needed. The Client acknowledges that delays in providing requested materials or feedback may result in project timeline extensions. The Client is responsible for ensuring that all materials provided to us do not infringe upon any third-party intellectual property rights, trademarks, copyrights, or other proprietary rights.
The Client agrees to designate a single point of contact for project communications and approvals. This individual will have the authority to make decisions and provide approvals on behalf of the Client organization. The Client further agrees to review deliverables and provide constructive feedback within the timelines specified in the project agreement.
4. Project Proposals, Pricing, and Payment
All projects begin with a detailed proposal outlining the scope of work, deliverables, timeline, and pricing. Pricing for our services is based on project scope and complexity, and will be clearly stated in the project proposal. Unless otherwise specified, all prices are quoted in US Dollars and are exclusive of applicable taxes. NovaGlyph Creative reserves the right to adjust pricing for services not yet contracted.
Payment terms are as follows: a non-refundable deposit of 50% of the total project fee is required before work commences. The remaining balance is due upon delivery of the final deliverables, unless alternative payment milestones are specified in the project proposal. Invoices are payable within 14 days of issuance. Late payments may be subject to a late fee of 1.5% per month on the outstanding balance. Continued non-payment may result in suspension or termination of the project and all associated services.
5. Intellectual Property Rights
Upon receipt of full payment, the Client shall be granted full ownership of all final, approved deliverables as specified in the project proposal. This includes the right to use, reproduce, modify, and display the deliverables for any lawful purpose. Prior to full payment, all rights, title, and interest in the deliverables remain the exclusive property of NovaGlyph Creative.
NovaGlyph Creative retains the right to display and reference completed project work in our portfolio, on our website, on social media, and in promotional materials for the purpose of showcasing our capabilities, unless the Client requests confidentiality in writing prior to the commencement of the project. Preliminary concepts, sketches, working files, rejected concepts, and design explorations that are not part of the final approved deliverables remain the intellectual property of NovaGlyph Creative and may not be used by the Client.
The Client warrants that all materials, content, and information provided to us for use in the project do not infringe upon the intellectual property rights of any third party. The Client agrees to indemnify and hold harmless NovaGlyph Creative from any claims, damages, or expenses arising from the use of materials provided by the Client.
6. Revisions and Amendments
Each project proposal specifies the number of revision rounds included in the project fee. Typically, our projects include two to three rounds of revisions, depending on the project scope. Revisions within the agreed-upon rounds are included in the project fee at no additional cost. Additional revisions beyond the included rounds will be billed at our hourly rate, which will be communicated to the Client in advance.
A "revision" is defined as a modification to the existing design direction. A request for a completely new design direction or concept after initial concept approval constitutes a new project phase and may require additional fees and timeline adjustments. The Client will be notified of any additional costs before work proceeds.
7. Timelines and Project Delays
Project timelines are established in the project proposal and are contingent upon the Client providing materials, feedback, and approvals in a timely manner. NovaGlyph Creative commits to meeting agreed-upon deadlines, provided the Client meets their obligations. Delays caused by the Client, including but not limited to late feedback, scope changes, or unavailability of the designated contact, may result in revised timelines and potentially additional fees.
NovaGlyph Creative will not be held liable for delays resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, utility or internet outages, governmental actions, pandemics, or any other force majeure events. In such cases, we will communicate with the Client promptly and work to minimize the impact on the project.
8. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the project. This includes but is not limited to business plans, marketing strategies, financial information, trade secrets, and unreleased product details. Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.
This obligation of confidentiality shall survive the termination or completion of any project and shall remain in effect for a period of two years following the conclusion of the business relationship between the parties.
9. Project Termination
Either party may terminate a project by providing written notice to the other party. In the event of termination by the Client, the Client shall be responsible for payment for all work completed up to the date of termination, including any expenses incurred. The initial deposit is non-refundable regardless of the reason for termination. NovaGlyph Creative will deliver all completed work up to the termination date upon receipt of all outstanding payments.
NovaGlyph Creative reserves the right to terminate a project in cases of non-payment, breach of these Terms, or if the Client's conduct makes continued work impractical or untenable. In such cases, the Client remains liable for payment for work completed prior to termination.
10. Limitation of Liability
NovaGlyph Creative's total liability arising from or related to any project shall not exceed the total fees paid by the Client for that specific project. In no event shall NovaGlyph Creative be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, regardless of the cause of action or the theory of liability.
NovaGlyph Creative does not warrant that our services will result in any specific business outcome, increase in revenue, or market performance. Our services are provided on a professional basis using industry-standard practices, and we do not guarantee results beyond the delivery of the agreed-upon deliverables.
11. Warranties and Representations
NovaGlyph Creative warrants that all deliverables will be original work created specifically for the Client, except where pre-existing materials or licensed elements are identified and agreed upon. We warrant that we have the right and authority to enter into agreements for the services described and to grant the intellectual property rights outlined in these Terms.
Except as expressly stated herein, all services and deliverables are provided "as is" without any warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Client assumes all risk regarding the use and results of the deliverables.
12. Indemnification
The Client agrees to indemnify, defend, and hold harmless NovaGlyph Creative, its officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with the Client's use of the deliverables, any materials provided by the Client, any breach of these Terms by the Client, or any violation of applicable laws or regulations by the Client.
13. Dispute Resolution
Any disputes arising from or relating to these Terms or any project shall first be addressed through good-faith negotiation between the parties. If a dispute cannot be resolved through negotiation within 30 days, the parties agree to submit to binding mediation before a mutually agreed-upon mediator. If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration conducted in Danville, Kentucky.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of laws provisions. The prevailing party in any dispute resolution proceeding shall be entitled to recover reasonable attorney fees and costs.
14. General Provisions
These Terms, together with any project proposal or contract, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and communications, whether written or oral. No amendment or modification to these Terms shall be effective unless made in writing and signed by both parties. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
NovaGlyph Creative may assign or transfer its rights and obligations under these Terms to any successor entity without the prior consent of the Client. The Client may not assign or transfer any rights or obligations without our prior written consent. The failure of either party to exercise any right or remedy under these Terms shall not constitute a waiver of such right or remedy.
15. Changes to These Terms
NovaGlyph Creative reserves the right to update, modify, or replace these Terms at any time. Any changes will be effective immediately upon posting to our website. It is the Client's responsibility to review these Terms periodically. Continued engagement of our services after any changes to these Terms constitutes acceptance of those changes. If we make material changes, we will endeavor to provide notice through our website or direct communication.