Terms & Conditions

1. Company’s Website Usage
2. Graphic Design
3. Website Design

1. Company’s Website Usage – Terms & Conditions

1.1 Acceptance of Terms

By accessing and using our website, you acknowledge and agree to these Terms of Use. If you do not agree, please refrain from using the site.

1.2 Intellectual Property

All content on this site—including text, graphics, logos, icons, images, and software—is the intellectual property of WNY Graphics and protected by applicable copyright, trademark, and intellectual property laws. You may not use, copy, or reproduce any materials without prior written consent.

1.3 Use Restrictions

You may not:

• Use the site for any unlawful purpose.
• Attempt to gain unauthorized access to the site, its server, or connected systems.
• Reproduce, duplicate, sell, or exploit any portion of the website without express written permission.

1.4 Third-Party Links

Our site may include links to third-party websites. We are not responsible for the content, practices, or policies of these external sites.

1.5 Disclaimer of Warranties

The website is provided “as is” without warranties of any kind, either express or implied. We do not guarantee the accuracy, reliability, or completeness of content available on the site.

1.6 Limitation of Liability

Under no circumstances shall WNY Graphics be liable for any indirect, incidental, or consequential damages arising from the use or inability to use this website.

2. Graphic Design Services – Terms & Conditions

2.1 Project Engagement

Engagement begins upon written confirmation or approval of a formal proposal. The scope, timeline, and pricing are based on the mutually agreed terms at the project outset.

2.2 Payment Terms

• 50% non-refundable deposit required to begin work.
• The remaining 50% is due upon final delivery of design files or project closure.
• Payments are due within 14 calendar days of invoice. Late payments may incur a 1.5% monthly interest.

2.3 Revisions

All graphic design projects include up to two (2) rounds of revisions. Additional revisions are billed at our standard hourly rate*, with prior written client approval.

2.4 Client Responsibilities

Clients must provide necessary materials—such as logos, brand guidelines, and content—in a timely manner. Delays may impact project timelines and deadlines.

2.5 Ownership & Usage Rights

Upon final payment, the client owns the final approved design(s). WNY Graphics retains the right to display completed work in portfolios or promotional materials unless otherwise agreed in writing.

2.6 Cancellation

In the event of cancellation:

• The 50% deposit remains non-refundable.
• Work completed up to the point of cancellation will be invoiced.
• Unpaid deliverables remain the property of WNY Graphics.

2.7 Confidentiality

All proprietary and confidential materials shared between both parties will be kept confidential. Neither party may share such information without express permission.

2.8 Non-Exclusivity

The agreement is non-exclusive. WNY Graphics may work with other clients, including those in similar industries.

3. Website Design – Terms & Conditions

3.1 Acceptance of Proposal

By approving proposal, the Client agrees to the outlined project scope, pricing, deliverables, and terms herein. Acceptance constitutes a binding agreement between the Client and the Designer.

3.2 Payment Terms

Milestone Schedule:

• Project Kickoff: 30% non-refundable deposit due before any work begins.
• Design Approval: 30% due upon approval of homepage and key template designs.
• Completion: 40% due before launch.

Additional Terms:

• Payments are due within 14 calendar days of the invoice date. Late payments may incur interest at 1.5% per month or the maximum allowed by law.
• Proposal pricing is valid for 45 days from the proposal date.
• Any work outside the agreed-upon scope will be billed at our standard hourly rate*, with prior written approval from the Client.

3.3 Revisions

Each page includes up to two (2) rounds of revisions. Additional revisions may incur extra charges depending on the complexity of the requested changes, such as:

• Minor Content Revisions: (e.g., text edits, image swaps, or service detail updates)
• Layout or Structural Changes (e.g., section changes, custom elements, or structure edits)

Any extra revision work will be billed at our standard hourly rate*, with prior written Client approval.

3.4 Client Responsibilities

The Client agrees to provide necessary assets—including branding, content, product information, and timely feedback—as needed to meet the project timeline. Delays in providing materials may affect project deadlines.

3.5 Project Timeline

A detailed timeline will be confirmed once the proposal is accepted and the deposit is received. While every effort will be made to meet deadlines, the Designer is not liable for delays caused by external factors (e.g., hosting issues, Client inaction).

3.6 Third-Party Costs

Unless explicitly stated, third-party costs such as plugins, licensed imagery, or tools are not included in the project fee. All additional costs must be approved in writing by the Client before purchase.

3.7 Ownership & Intellectual Property

Upon full payment, the Client receives ownership of the final, approved website files. Any unused drafts or concepts remain the intellectual property of the Designer. The Designer retains the right to showcase completed work in portfolios or marketing materials, unless otherwise agreed in writing.

3.8 Confidentiality

Both parties agree to maintain the confidentiality of proprietary information exchanged throughout the project. The Designer will not share or disclose Client materials without explicit permission.

3.9 Cancellation Policy

Either party may cancel the project in writing at any time. In such cases:

• The Client will be invoiced for all work completed to date.
• The initial 30% deposit is non-refundable.
• Unpaid deliverables remain the sole property of the Designer.

3.10 Limitation of Liability

The Designer is not responsible for issues arising from third-party vendors, hosting providers, or changes made by the Client post-launch. While every effort is made to deliver a secure and functional website, the Designer does not guarantee uninterrupted performance once the site is live.

3.11 Post-Launch Support

Minor post-launch fixes may be addressed at the Designer’s discretion. Future updates, enhancements, or new work are billed at our standard hourly rate* or handled under a new agreement.

3.12 Client Communication & Responsiveness

Timely communication is essential to keep the project on track. If the Client does not respond within 14 consecutive calendar days after a request for feedback or approval, the Designer reserves the right to:

• Pause the project until communication resumes
• Adjust the timeline accordingly
• Invoice for completed work to date
• Consider the project canceled per Section 3.9

Reasonable attempts will be made to reach the Client before any such action is taken.

3.13 Non-Exclusivity

This agreement does not imply an exclusive relationship. The Client may engage other service providers, and the Designer may work with other clients, including those in similar industries. Proprietary or confidential information will remain protected in all cases.

*Our standard hourly rate will be outlined in your project proposal.

For questions or concerns, please contact us at info@wnygraphics.com.