Terms of service.
Last updated on February 19, 2024
These Terms and Conditions ("Terms") govern your use of Binge Design's website, Binge Design's available services, including brand identity services (such as workshops and visual identity design and development services) and website design and development services (collectively referred to as the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
Services
Binge Design offers brand identity services, including workshops and visual identity design and development, as well as website design and development services to clients.
Please note, any Services provided by Justin Sells (Binge Design) does not establish an employment, partnership, agency, or joint venture relationship between Justin Sells (Binge Design) and the Client for any purpose. Justin Sells (Binge Design) is an independent contractor and will maintain an independent contractor relationship with the Client.
The information provided when using the Services should not be shared or used by anyone in a place where doing so would be against the law or regulations. If you decide to access the Services from somewhere else, it's your responsibility to make sure that you're following the laws there.
WOKSHOPS
Binge Design's workshop, "become Bingeready," requires advance scheduling and payment. Upon scheduling, an invoice and Service Agreement will be electronically generated and emailed to the client. Binge Design utilizes Square for payment processing and Service Agreements. The workshop's Service Agreement will be attached to the invoice and must be electronically signed by both parties (Justin Sells of Binge Design and the Client).
Please be aware that refunds will not be provided for the "become Bingeready" workshop once it has been scheduled.
DESIGN SERVICES
Binge Design's design services, including "become Bingeworthy," "become Bingeworthy+," and "become Bingeworthy++," all commence with the workshop: "become Bingeready." The execution process for each Bingeworthy service follows these steps:
Schedule the workshop: "become Bingeready."
Upon scheduling, an invoice and Service Agreement will be electronically generated and emailed. Binge Design uses Square for payment processing and Service Agreements.
Design services will not commence until both parties (Justin Sells of Binge Design and the Client) electronically sign the attached Service Agreement and make the "Deposit" payment.
The invoice consists of two payments: the "Deposit" and the "Balance," each comprising 50% of the total invoice. The "Deposit" is non-refundable and required to initiate the project. The "Balance" is due upon project completion and before the exchange of final deliverables.
All Agreements and invoices are readily accessible for download via your Square account immediately after signing or payment. Additionally, Binge Design will promptly email copies of paid invoices and/or signed Agreements after signing and any payment (the "Deposit" and/or the "Balance") of the invoice.
WEBSITE DESIGN & DEVELOPMENT
Website Development Platform:
Binge Design uses Squarespace for website development.
Clients with the "become Bingeworthy+" or the "become Bingeworthy++" packages will have their website designed and developed within Squarespace.
Approval Process:
Design work and details of required pages and functionality will be provided to the client for approval.
Development of website functionality will only begin after client approval of the design elements.
Significant changes to the design or website structure and functionality will be subject to additional charges agreed upon with the client.
Client Responsibilities:
Clients are responsible for providing website copy and images.
Binge Design reserves the right to refuse materials deemed inappropriate or violating copyright laws.
Binge Design will make efforts to ensure error-free websites but cannot guarantee complete accuracy.
Binge Design is not liable for copyright infringements caused by client-provided materials.
Binge Design acknowledges that clients may have specific legal obligations or disclaimers required for their projects. It is the responsibility of the client to disclose any such requirements before the commencement of the project. Binge Design shall not be held liable or responsible for any legal disclaimers or obligations required by the client.
Email Communication Disclaimer:
Binge Design cannot be held responsible for issues relating to email, including lost emails. Clients are advised to create local copies of priority emails. If clients lose data, it is their responsibility.
Binge Design is not responsible for missed emails during the transfer of domain names from one host to another. Clients are encouraged to ensure all necessary communication channels are open during this process.
Liability and Disputes:
Binge Design is not liable for missed deadlines or disputes between the client and others.
Binge Design retains copyright of all designs created and may include a link to its website on client webpages.
Website Functionality and Domain Transfers:
Binge Design cannot be held responsible for any loss of email data or website functionality during domain name transfers, changes to nameservers, or other domain-related records. Clients understand and accept that Binge Design is not liable for any economic losses, including revenue and profit loss, or any other consequential or indirect losses resulting from such occurrences.
Domain Ownership Transfer:
If a client requests the transfer of domain name ownership to a third party, an administration fee is typically required before the transfer can proceed.
Amendments and Feedback:
Binge Design is not responsible for changes made by third parties.
The remaining "Balance" owed must be made before the website is transferred to client and goes live.
Clients must provide feedback and report issues within 5 business days of receiving final deliverables.
Intellectual Property
Justin Sells (Binge Design) is the owner or the licensee of all intellectual property rights in his Services, including, but not limited to, all content, designs (approved or unapproved), materials, website designs, audio, video, text, photographs, brand imagery/assets, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). They may not be reproduced, distributed, or used without written permission from Justin Sells (Binge Design).
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of Justin Sells (Binge Design). The project's final digital files (the "Deliverables") will become the property of the Client ONLY upon completion of the final payment (the "Balance") of the project.
If final payment (the "Balance") is NOT received as agreed upon in the Service Agreement, all designs and concepts will remain the property of Justin Sells (Binge Design) until payment is received. Justin Sells (Binge Design) reserves the right to impose a late fee if final payment is not made within the timeframe specified in the mutually-signed Agreement. If there are issues with the final payment, Justin Sells (Binge Design) then reserves the right to reuse or amend any of these ideas for other Clients; or, to be used freely as concepts in his personal portfolio/case studies.
If the Client attempts to use, modify, alter, replicate, or otherwise infringe upon any of Justin Sells' (Binge Design's) ideas without fulfilling the agreed-upon final payment (referred to as the "Balance"), Justin Sells (Binge Design) reserves the right to seek legal counsel promptly.
Justin Sells (Binge Design) retains the right to showcase any artwork, ideas, sketches, branded imagery, mockups, or other creative works produced for this project in a portfolio or case study, as examples of client work. This includes display during the project as well as following completion. If the Client is subject to any specific Non-Disclosure Agreements (NDAs) or confidentiality requirements, please notify Justin Sells (Binge Design) promptly and before signing the Agreement at the project's outset. Justin Sells (Binge Design) is committed to accommodating such requests.
Final payment of the "Balance" confirms that only the designs and developments explicitly agreed upon become the property of the Client. Any pre-existing ideas and concepts remain the property of Justin Sells (Binge Design) unless otherwise agreed upon in writing.
Justin Sells (Binge Design) reserves the right to suspend any project for any reason at any point if the Client:
Engages in excessive micromanagement that interferes with project progress.
Demonstrates a continued lack of trust or inability to proceed after receiving a reasonable number of unique logo ideas/concepts.
Exhibits reluctance to pay the final payment (the "Balance").
Client Responsibilities
Design Process
Due to the design-intensive nature of Justin Sells' (Binge Design's) agency model, clients are expected to be readily available throughout the design period.
Binge Design accelerates the design process, completing projects in days compared to the months typically required by traditional design agencies.
Clients are therefore expected and required to provide accurate and timely information, feedback, and approvals necessary for Binge Design to complete the offered services within the design period. Failure to do so may result in delays and additional fees.
Legal Disclosures
Binge Design is not liable for copyright infringements caused by client-provided materials such as website copy and/or imagery.
Binge Design acknowledges that clients may have specific legal obligations or disclaimers required for their projects. It is the responsibility of the client to disclose any such requirements before the commencement of the project. Binge Design shall not be held liable or responsible for any legal disclaimers or obligations required by the client.
Payment
Clients agree to pay Binge Design for services rendered as outlined in the Agreement between the parties. Payment terms, including deposits ("Deposit") and final payments ("Balance"), are specified in these Terms and Conditions and the mutually-signed Agreement.
Deposit: Binge Design may require a 50% deposit of the total costs before commencing work. The remaining 50%, the "Balance," is due upon project completion and before the final "Deliverables" are exchanged.
Small Services: For services under $1,000.00 (e.g., the "become Bingeready" workshop), full payment may be required before rendering services.
Payment Deadline: All fees owed (the "Balance") must be paid within 14 days of project completion and invoice issuance. Accounts outstanding for 30 days will be considered "in default," and services may be suspended. Clients in default agree to cover reasonable costs, including legal fees.
Cancellation: Once the "Deposit" is paid and work commences, the client is required to settle the remaining "Balance" upon project completion before the final "Deliverables" are transferred, even if the project is canceled.
Hosting and Domain Access: Failure to provide access to web hosting or web domain may lead to immediate payment of the remaining "Balance."
Client Responsiveness: Failure to respond to requests for content or approvals may result in project suspension and invoicing for work completed. Additional fees may apply upon project resumption.
Final Payment: Upon project completion and client sign-off, the remaining "Balance" becomes immediately payable and will be invoiced promptly.
Confidentiality
Binge Design will treat all client information and materials as confidential and will not disclose or use such information for any purpose other than providing the Services.
Disclaimer
The information provided by Binge Design on https://www.binge.design (the "Site") and through Binge Design's services is intended for general guidance and informational purposes. While Binge Design strives to provide accurate and reliable information, Binge Design's services also encompass design solutions and other professional offerings.
Binge Design makes no guarantees about the completeness or accuracy of the content provided; but, Binge Design endeavors to deliver high-quality services tailored to your needs.
Binge Design is not liable for any loss or damage resulting from your use of the Site, Binge Design's services, or reliance on the information provided. Your engagement with Binge Design's services is at your own risk.
Please note that while Binge Design strives to meet all specified and/or advertised time frames, there may be occasions where deadlines are not met due to unforeseen circumstances or factors beyond Binge Design's control. Binge Design appreciates your understanding and flexibility in such situations.
Limitation of Liability
Binge Design, along with Binge Design's directors, employees, and agents, will not be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Services, including lost profits, revenue, or data. Binge Design's liability to you will be exclusively limited to the amount paid to Binge Design. Certain laws may provide you with additional rights.
Governing Law
These Terms and Conditions and any disputes arising out of or related to these Terms and Conditions will be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law principles. Any legal action or proceeding relating to these Terms and Conditions shall be instituted in a federal or state court located in the United States of America, and each party irrevocably submits to the jurisdiction of such courts for the purposes of any such legal action or proceeding.
Indemnification
You agree to defend, indemnify, and hold Binge Design harmless, including its subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising from:
Your use of Binge Design's Services.
Breach of the Terms outlined in the Legal Terms.
Any breach of your representations and warranties.
Violation of third-party rights, including intellectual property rights.
Any harmful actions toward other users connected via the Services.
Binge Design reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify Binge Design. You agree to cooperate with Binge Design's defense of such claims. Binge Design will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.
User Data
Binge Design will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although Binge Design performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that Binge Design shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Binge Design arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Services, sending Binge Design emails, and completing online forms constitute electronic communications. By using Binge Design's Services, you agree to receive electronic communications from Binge Design. This includes emails and messages on Binge Design's preferred platform. You also agree that any agreements, notices, or records that Binge Design provides electronically meet legal requirements.
You consent to using electronic signatures, contracts, and orders. Binge Design may deliver notices, policies, and transaction records to you electronically.
By agreeing to this, you waive any need for physical signatures or paper records, as required by some laws.
Changes to Terms
Binge Design reserves the right to modify or update these Terms at any time without prior notice. Any changes will become effective immediately upon being posted on the Services. Your continued use of the Services after any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the modified terms, you may discontinue your use of the Services.
Feedback and Testimonials
Your feedback and/or testimonials for Binge Design's services are highly valued and appreciated! When you share your thoughts, Binge Design may use them for promotional purposes, like on Binge Design's website or in marketing materials. If you have any concerns about how Binge Design uses your feedback, please reach out to Binge Design using the contact details below. Your input helps Binge Design improve!
Contact Binge Design
If you have any questions or concerns about these Terms, please contact Binge Design at info@binge.design.