Terms of Service

1. Acceptance of Terms

Welcome to Weblume ("Company," "we," "us," or "our"). By accessing or using our website, services, and any related content (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately discontinue use of our Services.

These Terms constitute a legally binding agreement between you ("User," "Client," "you," or "your") and Weblume. We reserve the right to update, modify, or replace any part of these Terms at our sole discretion. It is your responsibility to review these Terms periodically. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

These Terms apply to all visitors, users, clients, and any other persons who access or use the Services, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

2. Description of Services

Weblume is a design atelier specializing in graphic design services. Our service offerings include, but are not limited to:

• Logo design, brand identity systems, and comprehensive brandbook creation
• Social media graphics, banners, story templates, and campaign visual assets
• Custom illustrations, infographics, and data visualizations for web, print, and presentation use
• General graphic design including editorial layouts, packaging, and marketing collateral
• One-time project engagements with defined scopes and deliverables
• Monthly subscription plans providing ongoing design support and content creation

The specific scope, deliverables, timeline, and pricing for each engagement shall be outlined in a separate project agreement, proposal, or subscription confirmation provided to the Client prior to commencement of work.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

3. Client Responsibilities

By engaging our Services, you agree to the following responsibilities:

• Provide accurate, complete, and timely information, materials, and feedback as required for the successful completion of the project or ongoing subscription deliverables.
• Ensure that all materials, content, images, text, and other assets provided to Weblume for use in design projects are either owned by you, properly licensed, or otherwise authorized for use, and do not infringe upon any third-party intellectual property rights, copyrights, trademarks, or other proprietary rights.
• Respond to review requests, approval inquiries, and communications from Weblume in a timely manner. Delays in client feedback may result in corresponding delays in project delivery.
• Refrain from using the Services for any unlawful, fraudulent, or harmful purpose, or in connection with any content that is defamatory, obscene, threatening, or otherwise objectionable.
• Maintain the confidentiality of any account credentials, login information, or proprietary tools shared with you during the course of our engagement.

4. Intellectual Property Rights

4.1 Ownership of Deliverables

Upon receipt of full payment for a completed project, the Client shall receive full ownership and copyright of the final approved deliverables, unless otherwise specified in the project agreement. "Final approved deliverables" refers exclusively to the final design files in the agreed-upon formats as delivered to the Client.

4.2 Pre-existing Materials

Weblume retains all rights, title, and interest in any pre-existing materials, tools, frameworks, templates, methodologies, and proprietary processes used in the creation of deliverables. Where pre-existing materials are incorporated into the final deliverables, the Client receives a non-exclusive, perpetual, royalty-free license to use such materials solely as part of the delivered work.

4.3 Portfolio Rights

Weblume reserves the right to display and link to completed projects as part of our portfolio, case studies, and promotional materials, unless the Client explicitly requests otherwise in writing prior to the commencement of work. This right includes the display of design work on our website, social media channels, and industry publications.

4.4 Preliminary Work

All preliminary designs, concepts, sketches, unused variations, and work-in-progress materials remain the sole property of Weblume. These materials shall not be used, reproduced, or distributed by the Client without express written permission from Weblume.

5. Payment Terms

5.1 One-Time Projects

For one-time project engagements, payment terms shall be specified in the project proposal or agreement. Unless otherwise stated, a non-refundable deposit of 50% of the total project fee is required before work commences. The remaining balance is due upon delivery of the final approved design files. All prices are quoted in US Dollars (USD).

5.2 Subscription Plans

Subscription plans are billed on a monthly recurring basis. Payment is due at the beginning of each billing cycle. Subscription fees are non-refundable for the current billing period once payment has been processed. Clients may cancel their subscription at any time, and the cancellation shall take effect at the end of the current billing period.

5.3 Late Payments

Invoices not paid within 14 days of the due date may be subject to a late fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is lower. Weblume reserves the right to suspend all work and withhold delivery of files until outstanding balances are resolved.

5.4 Additional Charges

Any work requested by the Client that falls outside the agreed-upon scope shall be subject to additional charges. Weblume will notify the Client of any additional costs before proceeding with out-of-scope work.

6. Revisions and Approval Process

Each project includes a specified number of revision rounds as outlined in the project proposal. Revision rounds are defined as modifications to the design based on Client feedback that do not fundamentally alter the agreed-upon creative direction. Requests for additional revision rounds beyond those included in the original scope may be subject to additional fees at Weblume's standard hourly or per-revision rate.

A "revision" is defined as a set of changes submitted by the Client at one time. Piecemeal feedback submitted across multiple communications within the same revision round will be consolidated and treated as one revision. Requests for fundamental changes to the creative direction after approval of a design concept may constitute a new project scope and will be quoted accordingly.

7. Project Timelines and Delivery

Weblume will make every reasonable effort to meet agreed-upon project timelines and delivery dates. However, timelines are estimates and not guarantees. Delays caused by the Client's failure to provide timely feedback, materials, or approvals may result in adjusted delivery dates. Weblume shall not be held liable for delays resulting from Client-side causes, force majeure events, or circumstances beyond our reasonable control.

Final deliverables will be provided in industry-standard file formats as specified in the project agreement (e.g., AI, PSD, PDF, PNG, SVG, JPG). Requests for additional file formats not specified in the original agreement may be subject to additional charges.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary, sensitive, or confidential information disclosed during the course of the engagement. This obligation extends to business strategies, client lists, financial information, trade secrets, unpublished designs, and any other information that a reasonable person would consider confidential. This confidentiality obligation shall survive the termination of the engagement for a period of two (2) years.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Weblume's total liability for any claims arising out of or related to these Terms or the Services shall not exceed the total amount paid by the Client to Weblume during the twelve (12) months immediately preceding the claim. In no event shall Weblume be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, regardless of whether such damages were foreseeable or whether Weblume was advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Weblume, its officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your violation of these Terms, your violation of any third-party rights, or any materials or content you provide to Weblume for incorporation into design deliverables.

11. Termination

Either party may terminate the engagement with written notice. In the event of termination by the Client, the Client shall be responsible for payment of all work completed up to the date of termination, including any non-refundable deposits. Weblume reserves the right to terminate the engagement immediately if the Client breaches any provision of these Terms, engages in abusive or threatening behavior toward Weblume staff, or fails to make payment within 30 days of the due date.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Crestview Hills, Kentucky. The decision of the arbitrator shall be final and binding upon both parties.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States of America, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Kenton County, Kentucky.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with any project proposals, subscription agreements, and other written agreements between the parties, constitute the entire agreement between you and Weblume regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.

16. Waiver

The failure of Weblume to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.