Terms of Service - MW Design Studio

Terms of Service

Terms and conditions for using our services

Last updated: January 2025

1. Acceptance of Terms

By accessing MW Design Studio's website, engaging our services, or entering into a service agreement with us, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and MW Design Studio ("MW Design Studio," "we," "us," or "our").

2. Services Overview

MW Design Studio provides professional design, marketing, and social media services, including but not limited to:

  • Brand identity design and development
  • Logo design and visual identity systems
  • Marketing strategy and campaign development
  • Social media management and content creation
  • Email marketing and automation
  • Consulting and strategic guidance

Specific services, deliverables, timelines, and pricing are outlined in individual project proposals and service agreements.

3. Service Agreements and Project Scope

Project Proposals

All projects begin with a detailed proposal that includes:

  • Scope of work and deliverables
  • Project timeline and milestones
  • Pricing and payment terms
  • Revision policies and limitations

Changes to Project Scope

Any changes to the agreed-upon scope of work must be:

  • Requested in writing (email accepted)
  • Approved by both parties before implementation
  • Documented with updated timeline and costs
  • Subject to additional fees for extra work

4. Client Responsibilities

To ensure successful project completion, clients agree to:

Information and Materials

  • Provide accurate, complete information during the discovery phase
  • Supply necessary materials, content, and assets in a timely manner
  • Ensure all provided content is original or properly licensed
  • Obtain necessary approvals and permissions for use of materials

Communication and Feedback

  • Respond to requests for feedback within agreed timeframes
  • Provide specific, actionable feedback on deliverables
  • Attend scheduled meetings and check-ins
  • Designate a primary point of contact for the project

5. Payment Terms

Payment Schedule

  • Standard Projects: 50% deposit upon agreement signing, 50% upon project completion
  • Large Projects: May be broken into milestone-based payments
  • Ongoing Services: Monthly billing in advance
  • Rush Projects: Full payment required upfront

Payment Methods

We accept payment via bank transfer, check, and major credit cards. All payments are processed securely through third-party providers.

Late Payments

Payments not received within 30 days of the due date may be subject to:

  • Late fees of 1.5% per month on outstanding balances
  • Suspension of work until payment is received
  • Collection agency referral for significantly overdue accounts

6. Intellectual Property Rights

Work Product Ownership

Upon full payment, clients receive ownership of:

  • Final deliverables specifically created for the client
  • Custom designs, logos, and brand elements
  • Final versions of marketing materials and content

MW Design Studio retains ownership of:

  • Preliminary concepts, sketches, and work-in-progress materials
  • Proprietary methodologies, processes, and templates
  • Pre-existing intellectual property and tools

Portfolio and Marketing Rights

MW Design Studio reserves the right to:

  • Display completed work in our portfolio and marketing materials
  • Use project details as case studies (with client approval)
  • Reference client relationships in business development activities

Third-Party Materials

When third-party materials (stock photos, fonts, etc.) are used:

  • Licensing costs are typically included in project pricing
  • Clients receive appropriate usage rights as specified in licenses
  • Extended or exclusive licensing may incur additional costs

7. Revisions and Approval Process

Revision Allowances

  • Brand Projects: 3 rounds of revisions included
  • Marketing Campaigns: 2 rounds of revisions included
  • Social Media Content: 2 rounds of revisions included

Additional Revisions

Revisions beyond the included allowance are billed at our standard hourly rate. Significant changes that alter the project scope may require a new agreement.

Final Approval

Client approval is required before proceeding to the next project phase. Lack of response within 7 business days constitutes approval to proceed.

8. Project Timelines and Delays

Timeline Commitments

We strive to meet all agreed-upon deadlines. Timelines may be adjusted due to:

  • Delayed client feedback or material provision
  • Significant scope changes or additional revision requests
  • Unforeseen circumstances or force majeure events

Client-Caused Delays

If project delays are caused by client actions or inactions:

  • Timeline will be adjusted accordingly
  • Additional costs may apply for extended project management
  • MW Design Studio is not liable for missed deadlines or launch dates

9. Warranties and Limitations

Service Warranties

MW Design Studio warrants that our services will be:

  • Performed in a professional and workmanlike manner
  • Delivered according to the agreed specifications
  • Free from defects in materials and workmanship

Limitation of Liability

MW Design Studio's liability is limited to the total amount paid for services. We are not liable for:

  • Indirect, consequential, or punitive damages
  • Lost profits or business opportunities
  • Third-party claims or intellectual property disputes
  • Results or performance of marketing campaigns

10. Confidentiality

MW Design Studio agrees to maintain the confidentiality of:

  • Proprietary business information shared during projects
  • Strategic plans and competitive information
  • Personal data and sensitive client information
  • Unpublished work and concepts

Confidentiality obligations survive project completion and contract termination.

11. Termination

Termination by Client

Clients may terminate projects at any time with written notice. Upon termination:

  • Client pays for all work completed to the termination date
  • Client receives work-in-progress materials at MW Design Studio's discretion
  • No refunds are provided for work already completed

Termination by MW Design Studio

We may terminate projects if:

  • Client breaches payment obligations
  • Client fails to provide necessary materials or feedback
  • Project becomes commercially unfeasible
  • Client breaches these Terms of Service

12. Dispute Resolution

In the event of disputes, parties agree to:

  1. First attempt resolution through direct negotiation
  2. Engage in mediation if negotiation fails
  3. Resort to binding arbitration for unresolved disputes
  4. Submit to jurisdiction of Texas, United States courts if necessary

13. General Provisions

Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

Force Majeure

Neither party is liable for delays or failures due to circumstances beyond their reasonable control, including natural disasters, government actions, or pandemic-related restrictions.

Severability

If any provision of these Terms is found invalid or unenforceable, the remainder of the Terms will continue in full force and effect.

Entire Agreement

These Terms, together with individual project agreements, constitute the entire agreement between the parties and supersede all prior negotiations or agreements.

14. Changes to Terms

MW Design Studio may update these Terms to reflect:

  • Changes in business practices or services
  • Legal or regulatory requirements
  • Industry best practices

Updated Terms will be posted on our website with a revised "Last updated" date. Continued use of our services constitutes acceptance of updated Terms.

15. Contact Information

For questions about these Terms or our services, contact us:

MW Design Studio

Email: info@mwdvibe.com

Phone: (281) 726-4653

Location: Houston, Texas, United States