1. Acceptance of Terms
By accessing or using the website diamondcreativecollective.com or engaging the services of [Business legal name] ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site or our services.
These Terms constitute a legally binding agreement between you and [Business legal name]. We reserve the right to update these Terms at any time, and your continued use of the Site following any changes constitutes acceptance of those changes.
2. Services Description
[Business legal name] provides: [describe services — e.g., brand strategy, visual identity design, brand photography, web design, and related creative services for small businesses and entrepreneurs.]
Specific deliverables, timelines, and terms for each project are governed by a separate project agreement or proposal signed by both parties. In the event of a conflict between these Terms and a project agreement, the project agreement shall control.
3. Intellectual Property
[Business legal name] retains all intellectual property rights in preliminary concepts, sketches, unused design directions, proprietary processes, and the overall creative methodology used in any project.
Upon receipt of full payment, ownership of final deliverables transfers to the client as specified in the applicable project agreement. [Business legal name] reserves the right to display completed work as portfolio examples unless otherwise agreed in writing.
All content on the Site — including text, graphics, logos, and images — is the property of [Business legal name] or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without express written permission.
4. Client Responsibilities
When engaging our services, clients agree to:
- Provide accurate information, materials, and timely feedback as required
- Ensure all materials provided (text, images, logos) are owned or licensed by the client
- Indemnify and hold [Business legal name] harmless from any claims arising from client-provided content
- Review and approve deliverables within agreed timelines
- Make payments according to the agreed schedule
5. Payment Terms
[Payment schedule: to be confirmed. Example: A non-refundable deposit of [X%] is due upon signing the project agreement. Remaining payments are due as specified in the project proposal.]
Late payments may be subject to a late fee of [specify]. [Business legal name] reserves the right to pause or suspend work on any project for which payment is overdue. All fees are quoted and payable in US dollars unless otherwise specified.
6. Limitation of Liability
To the fullest extent permitted by applicable law, [Business legal name] shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the Site or our services.
Our total liability to you for any claim arising from these Terms or your use of our services shall not exceed the amount paid by you to [Business legal name] in the [specify period — e.g., six months] prior to the claim.
[Note to attorney: review limitation of liability caps and consequential damage exclusions for enforceability under Texas law.]
7. Governing Law
[Jurisdiction: Texas, USA — confirm with attorney.] These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in [County, Texas — specify].
8. Effective Date
[Effective date: to be confirmed.] These Terms are effective as of the date they are published on the Site. We will notify users of material changes by updating the "Last updated" date at the top of this page.
9. Contact
Questions about these Terms should be sent to:
[Business legal name]
[Contact email: to be confirmed]
[Mailing address: to be confirmed if required]