Terms of Use
Welcome to Black Venom Digital (“we”, “our”, “us”). These Terms of Use (“Terms”) govern your access to and use of our website and the services we provide, including web design, graphic design, and branding management (“Services”). By accessing or using our website and Services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Services.
1. Acceptance of Terms
By accessing and using our website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms apply to all visitors, users, and others who access the website and utilize our Services.
2. Services Provided
We offer a range of Services, including but not limited to:
- Web Design and Development: Creating and maintaining websites tailored to client specifications.
- Graphic Design: Designing visual content such as logos, brochures, advertisements, and other marketing materials.
- Branding Management: Developing and managing brand identity, including brand strategy, messaging, and visual elements.
All Services are subject to the specific terms outlined in any separate contract or agreement between the client and Black Venom Digital.
3. Intellectual Property
- Ownership: All intellectual property rights in the materials we create (including designs, graphics, code, and content) remain the property of Black Venom Digital until full payment is received. Upon full payment, ownership of the final deliverables is transferred to the client, except for any third-party materials.
- License: Clients are granted a non-exclusive, non-transferable license to use the deliverables for their intended purpose as outlined in their contract. This license does not permit resale, redistribution, or creation of derivative works without prior written consent from Black Venom Digital.
- Client Materials: Clients retain ownership of all materials they provide to us for use in the project. By providing these materials, clients grant Black Venom Digital a license to use, modify, and incorporate them into the deliverables as necessary.
4. Client Responsibilities
Clients agree to:
- Provide accurate, complete, and timely information, materials, and feedback required for the completion of the project.
- Respond promptly to requests for approvals, revisions, or additional information.
- Ensure that all materials provided do not infringe on the rights of any third party.
Failure to fulfill these responsibilities may result in project delays or additional charges.
5. Payment Terms
- Fees: Fees for Services are outlined in the client’s contract or proposal. All prices are exclusive of applicable taxes unless otherwise stated.
- Payment Schedule: Payment terms, including deposit requirements and payment milestones, are specified in the client contract. Typically, a deposit is required before project commencement, with subsequent payments due upon reaching defined milestones or project completion.
- Late Payments: Late payments may incur interest charges at a rate specified in the contract. Black Venom Digital reserves the right to suspend Services until outstanding payments are received.
6. Revisions and Approvals
- Revisions: Clients are entitled to a reasonable number of revisions as specified in their contract. Additional revisions may incur extra charges.
- Approval Process: Clients must review and approve deliverables within the timeframes specified in the contract. Delays in approval may affect project timelines.
7. Confidentiality
Both parties agree to maintain the confidentiality of all confidential information disclosed during the course of the project. Confidential information includes, but is not limited to, business strategies, designs, client lists, and proprietary data. This obligation remains in effect both during and after the termination of the project.
8. Limitation of Liability
To the fullest extent permitted by law, Black Venom Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or related to the Services provided. Our total liability for any claims related to the Services shall not exceed the amount paid by the client for those Services.
9. Warranties and Disclaimers
- Services: We strive to deliver high-quality Services; however, we do not warrant that the Services will be error-free or uninterrupted.
- No Warranty: The Services are provided “as is” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Modifications to Services
Black Venom Digital reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice. Significant changes that may affect the client’s project will be communicated promptly.
11. Termination
- By Client: Clients may terminate the project at any time by providing written notice. Upon termination, clients are responsible for payment of all Services rendered up to the termination date.
- By Black Venom Digital: We reserve the right to terminate or suspend Services immediately, without prior notice or liability, for any reason, including breach of these Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Texas. Any disputes arising from these Terms or the Services will be subject to the exclusive jurisdiction of the courts in [Your Jurisdiction].
13. Changes to Terms
Black Venom Digital may update these Terms from time to time. The most current version will always be posted on our website. Continued use of the website and Services after any changes constitutes acceptance of those changes.
14. Third-Party Links and Services
Our website may contain links to third-party websites or services that are not owned or controlled by Black Venom Digital. We are not responsible for the content, privacy policies, or practices of any third parties. Clients access these links at their own risk.
15. Indemnification
Clients agree to indemnify, defend, and hold harmless Black Venom Digital, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with the client’s use of the Services or violation of these Terms.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
17. Entire Agreement
These Terms constitute the entire agreement between the client and Black Venom Digital regarding the use of the website and Services and supersede all prior agreements and understandings, whether written or oral.
18. Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
19. Force Majeure
Black Venom Digital shall not be liable for any failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.
20. Contact Information
For any questions about these Terms of Use, please contact us at:
- Email: info@blackvenomdigital.com