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JS Designs - Terms of Use

Last Updated: 2024-12-04

Welcome to the JS Designs website (the “Website“). By accessing and using our Website and services (collectively, the “Services“), you agree to be bound by these Terms of Use (“Terms“). Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use our Services.

1. Acceptance of Terms:

These Terms constitute a legally binding agreement between you and JS Designs (“we,“ “us,“ or “our“), a graphic design studio operating in Toronto, Ontario, Canada. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Services Provided:

JS Designs offers a range of graphic design services, including but not limited to:

  • Print materials (e.g., brochures, business cards, posters)
  • Online menus
  • Digital screen art
  • 3D rendering
  • Brand identity development (e.g., logo design, style guides)
  • Website design and development (where explicitly offered)
  • Other related design services as may be offered from time to time.
  • The specific details and scope of the Services to be provided to you will be outlined in individual project agreements or proposals.

3. User Conduct:

When using our Services, you agree not to:

  • Use our Services for any unlawful purpose or in violation of these Terms or any applicable laws and regulations.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Interfere with or disrupt the operation of our Website or Services, or the servers or networks used to make our Services available.
  • Attempt to gain unauthorized access to any portion of our Website or Services, or any other systems or networks connected to our Services.
  • Transmit any viruses, worms, or other malicious code.
  • Collect or harvest any personally identifiable information from other users of our Services without their consent.
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm JS Designs or users of our Services or expose them to liability.

4. Intellectual Property:

4.1 Our Content:

All content on our Website, including but not limited to text, graphics, logos, images, videos, and software, is the property of JS Designs or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, display, or otherwise use any of our content without our prior written consent.

4.2 Client Content:

You retain ownership of the content you provide to us for the purpose of your design projects (“Client Content“). By providing Client Content, you grant JS Designs a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and display the Client Content solely for the purpose of providing the Services to you. You represent and warrant that you have all necessary rights and permissions to grant this license and that your Client Content does not infringe the intellectual property rights of any third party.

4.3 Final Design Files:

Upon full payment for the Services as outlined in the project agreement, you will typically receive the final design files. The specific terms regarding the transfer of intellectual property rights in the final designs will be detailed in your individual project agreement. Unless otherwise specified in writing, JS Designs retains the right to display completed projects in its portfolio for promotional purposes.

5. Payment and Fees:

The fees for our Services will be outlined in individual project agreements or proposals. Payment terms, including deposit requirements and payment schedules, will also be specified therein. All fees are stated in Canadian dollars unless otherwise indicated. You are responsible for paying all applicable taxes. We reserve the right to modify our fees at any time, but such changes will not apply to projects already in progress.

6. Project Timelines and Revisions:

Project timelines will be estimated and communicated in project agreements. These timelines are estimates and may be subject to change due to factors beyond our control, such as client feedback delays or the complexity of the project. The number of revisions included in the project fee will be specified in the project agreement. Additional revisions may be subject to additional charges.

7. Disclaimer of Warranties:

OUR SERVICES AND WEBSITE ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8. Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JS DESIGNS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES OR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

9. Indemnification:

You agree to indemnify, defend, and hold harmless JS Designs, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of our Services, your Client Content, your breach of these Terms, or your violation of any rights of a third party.

10. Termination:

We reserve the right to terminate or suspend your access to our Services at any time, with or without cause and without notice. You may also terminate your engagement with our Services upon written notice. Upon termination, any outstanding payments will become immediately due and payable. The provisions of Sections 4, 7, 8, 9, and 11 shall survive any termination of these Terms.

11. Governing Law and Jurisdiction:

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or our Services shall be brought exclusively in the courts located in Toronto, Ontario, and you hereby irrevocably consent to the jurisdiction of such courts.

12. Entire Agreement:

These Terms, together with any applicable project agreements or proposals, constitute the entire agreement between you and JS Designs regarding your use of our Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

13. Severability:

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14. Waiver:

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15. Changes to These Terms:

We reserve the right to modify these Terms at any time. We will post any changes on this page and update the “Last Updated“ date. Your continued use of our Services after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates.

16. Contact Us:

If you have any questions about this privacy policy, please contact us at info@jsdesigns.ca

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