Effective Date: July 9, 2024
Last Updated: June 20, 2025

These Terms and Conditions (« Terms ») govern your use of the services provided by Graphomar LLC (« we, » « us, » or « our »), a Kentucky limited liability company. By engaging our services or using our website, you (« Client, » « you, » or « your ») agree to be bound by these Terms.

1. Services

1.1 Service Offerings

Graphomar LLC provides the following services:

  • Graphic design and brand identity development
  • Web design and development
  • Search engine optimization (SEO)
  • Digital marketing consultation
  • Related creative and technical services

1.2 Service Scope

The specific scope of work for each project will be outlined in a separate project proposal, statement of work, or service agreement that incorporates these Terms by reference.

2. Client Responsibilities

2.1 Information and Materials

You agree to:

  • Provide accurate, complete, and timely information necessary for project completion
  • Supply all required content, images, and materials in appropriate formats
  • Respond to requests for feedback and approvals within agreed timeframes
  • Ensure you have legal rights to all materials provided to us

2.2 Cooperation

You will cooperate in good faith and provide reasonable assistance to facilitate the successful completion of services.

3. Payment Terms

3.1 Fees and Payment Schedule

  • Project fees will be specified in the project proposal or service agreement
  • Payment schedules may include deposits, milestone payments, or other arrangements as agreed
  • All fees are in U.S. dollars unless otherwise specified

3.2 Payment Processing

  • Payments are processed securely through Stripe, Inc.
  • You authorize us to charge your designated payment method for agreed fees
  • Payment processing is subject to Stripe’s Terms of Service

3.3 Late Payments

  • Invoices are due within 30 days of invoice date unless otherwise specified
  • Late payments may incur a 1.5% monthly service charge
  • We reserve the right to suspend services for overdue accounts

3.4 Refunds

  • Deposits and completed work are generally non-refundable
  • Refund requests will be considered on a case-by-case basis
  • Any approved refunds will be processed through the original payment method

4. Intellectual Property

4.1 Ownership of Final Work

Upon full payment, you will own the final deliverables specifically created for your project, subject to any third-party rights and the provisions below.

4.2 Our Retained Rights

We retain rights to:

  • Our general methods, processes, and know-how
  • Pre-existing intellectual property and proprietary tools
  • Display completed work in our portfolio and marketing materials
  • Create derivative works for our own promotional purposes

4.3 Third-Party Materials

Any third-party materials (fonts, stock images, plugins, etc.) remain subject to their respective license terms, which you must comply with.

4.4 Work in Progress

We retain ownership of all work product until final payment is received.

5. Warranties and Disclaimers

5.1 Limited Warranty

We warrant that our services will be performed in a professional manner consistent with industry standards.

5.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED HEREIN, OUR SERVICES ARE PROVIDED « AS IS » WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.3 Website Performance

We do not guarantee specific website performance metrics, search engine rankings, or business results.

6. Limitation of Liability

6.1 Limitation of Damages

IN NO EVENT SHALL GRAPHOMAR LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

7. Project Timelines and Revisions

7.1 Timeline Estimates

Project timelines are estimates and may be subject to change based on project complexity, client responsiveness, and scope modifications.

7.2 Revisions

  • A reasonable number of revisions are included in our standard services
  • Additional revisions beyond the agreed scope may incur additional charges
  • Major scope changes will require a separate agreement and additional fees

7.3 Client Delays

Delays caused by client non-responsiveness or late material delivery may result in timeline adjustments and potential additional charges.

8. Confidentiality

8.1 Mutual Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of our business relationship.

8.2 Exceptions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no breach of these Terms
  • Is independently developed without use of confidential information
  • Must be disclosed by law or court order

9. Termination

9.1 Termination Rights

Either party may terminate services with written notice. Termination does not relieve either party of obligations incurred prior to termination.

9.2 Effect of Termination

Upon termination:

  • You must pay for all services rendered through the termination date
  • We will deliver work completed through the termination date
  • Each party will return or destroy confidential information as requested

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of Kentucky, without regard to conflict of law principles.

10.2 Jurisdiction

Any disputes will be resolved in the state or federal courts located in Fayette County, Kentucky.

10.3 Mediation

Before pursuing litigation, parties agree to attempt resolution through good faith negotiation and, if necessary, mediation.

11. Force Majeure

We will not be liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, government actions, internet outages, or other unforeseeable circumstances.

12. General Provisions

12.1 Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

12.2 Amendments

These Terms may only be modified in writing signed by both parties or through updated terms posted on our website with reasonable notice.

12.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a business transfer or acquisition.

12.5 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, or employment relationship.

12.6 Notices

All notices must be in writing and delivered to the addresses specified in the project agreement or to the contact information provided on our website.

13. Acceptance

By engaging our services, making payment, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

14. Contact Information

For questions regarding these Terms and Conditions, please contact:

Graphomar LLC
2108 Sedalia Lane
Lexington, KY 40513
Email: legal@graphomar.com