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Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website located at www.jenzmuda.com (the "Site") and the services provided by Zmuda Design ("I," "me," or "my"). By accessing or using my Site, or by engaging my services, you agree to be bound by these Terms and my Privacy Policy. If you do not agree to these Terms, you may not use my Site or engage my services.

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Definitions

  • "Client," "You," "Your": Refers to the person or entity accessing the Site or engaging my services.

  • "Zmuda Design," "I," "Me," "My": Refers to Jen Zmuda/Zmuda Design.

  • "Services": Refers to the branding, visual identity design, social media management, digital groundwork, print design, and related creative services offered by Zmuda Design. Specific services will be detailed in individual proposals.

  • "Proposal": A separate document outlining the specific scope, deliverables, timeline, and investment for a particular project, which, once accepted by the Client, forms part of the agreement governed by these Terms.

  • "Project": Refers to the specific work undertaken by Zmuda Design for the Client, as detailed in an accepted Proposal.

  • "Deliverables": The final, approved outputs of a Project as specified in the Proposal (e.g., logo files, brand guidelines, social media graphics, print-ready files).

  • "Confidential Information": Any non-public information, including but not limited to business plans, client lists, trade secrets, design concepts, and proprietary information.

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Services Offered

Zmuda Design specializes in providing authentic brand design and strategic digital solutions for wellness professionals. My Services include, but are not limited to:

  • Branding & Visual Identity Design: Including brand strategy, logo suites, color palettes, typography, and comprehensive brand guidelines.

  • Social Media Management: Content strategy, creation, scheduling, and community engagement for social media platforms.

  • Digital Groundwork Suite: Creation of customizable digital templates and evergreen content.

  • Printed Groundwork Essentials: Design of print-ready assets such as business cards, letterheads, and brochures.

The specific Services to be provided for each Project will be detailed in a written Proposal, which, upon acceptance by the Client, becomes an integral part of this agreement.

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Client Responsibilities

The Client agrees to:

  • Provide Timely Information: Furnish all necessary information, content (text, images, videos), access credentials (e.g., Meta Business Manager access), and feedback required for the Project in a timely manner. Delays in providing information may impact the Project timeline.

  • Review & Approval: Promptly review all designs, content, and deliverables submitted by Zmuda Design and provide clear, constructive feedback within the agreed-upon timeframe. Approvals will be considered final once confirmed in writing.

  • Content Accuracy: Ensure that all information and content provided for the Project is accurate, truthful, and does not infringe upon the rights of any third party.

  • Payment: Make all payments for Services by the due dates specified in the Proposal.

  • Cooperation: Cooperate fully and openly with Zmuda Design throughout the duration of the Project.

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Payment Terms

  • Pricing: The investment for each Project will be clearly outlined in the Proposal.

  • Payment Schedule: Specified in the Proposal, determined by Project.

  • Late Payments: Payments not received by the due date may incur a late fee of 5% of the outstanding balance per month. Zmuda Design reserves the right to pause or suspend Services until overdue payments are received.

  • Additional Work/Scope Changes: Any work requested by the Client outside the agreed-upon scope in the Proposal will be quoted separately and require written approval before commencement. Additional work will be billed at an hourly rate of $80/hour or as a separate flat fee.

  • Refunds: Deposits are generally non-refundable. Refunds for other payments will be considered on a case-by-case basis and will be prorated based on the work completed and expenses incurred.

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Project Scope & Revisions

  • Defined Scope: Each Project's specific deliverables and scope will be detailed exclusively in the accepted Proposal.

  • Revision Rounds: The Proposal will specify the number of revision rounds included for each major deliverable.

  • Excess Revisions: Revisions requested beyond the agreed-upon rounds will be subject to additional fees, billed at an hourly rate of $80/hour or a pre-agreed fee.

  • Project Completion: A Project is considered complete upon final approval of all Deliverables by the Client, or after 30 days if no feedback is received on final Deliverables, whichever comes first.

 

Timeline & Deliverables

  • Project Timeline: An estimated timeline for the Project will be provided in the Proposal. This timeline is contingent upon timely communication, content provision, and feedback from the Client.

  • Delivery: Deliverables will be provided in agreed-upon formats via Dropbox.

  • Archiving: Zmuda Design will archive Project files for a period of 6 months after Project completion. It is the Client's responsibility to download and back up all final Deliverables.

 

Intellectual Property & Copyright

  • Client Content: The Client represents and warrants that they own or have the necessary licenses to use all content (text, images, logos, trademarks) provided to Zmuda Design for the Project. The Client agrees to indemnify and hold Zmuda Design harmless against any claims arising from the use of content provided by the Client.

  • Zmuda Design Work Product: Upon full and final payment for the Project, Zmuda Design grants the Client a non-exclusive, worldwide, perpetual license to use the final, approved Deliverables for the intended business purposes as outlined in the Proposal.

  • Preliminary Concepts: All preliminary design concepts, drafts, unused ideas, and working files created during the Project (that are not part of the final Deliverables) remain the sole intellectual property of Zmuda Design.

  • Portfolio Rights: Zmuda Design reserves the right to display the completed Project and its Deliverables in its online and offline portfolio, on its website, and in marketing materials for promotional purposes.

  • Third-Party Assets: If any third-party assets (e.g., stock photos, specific fonts requiring separate licenses) are used in the Deliverables, the Client is responsible for acquiring any necessary licenses for their continued use, unless explicitly stated otherwise in the Proposal.

 

Confidentiality

Both Zmuda Design and the Client agree to keep all Confidential Information shared during the course of the Project strictly confidential, using it only for the purpose of the Project and not disclosing it to any third party without prior written consent.

 

Limitation of Liability

  • To the fullest extent permitted by law, Zmuda Design shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; (c) any content obtained from the services; and (d) unauthorized access, use or alteration of your transmissions or content.

  • Zmuda Design's total liability for any claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by the Client to Zmuda Design for the specific Project in question.

 

Disclaimers

  • No Guarantees (Social Media): While Zmuda Design employs best practices in social media management, I do not guarantee specific results (e.g., follower growth, engagement rates, sales leads), as results are influenced by numerous external factors beyond my control (e.g., platform algorithm changes, market conditions, client's overall business operations).

  • Third-Party Services: Zmuda Design is not responsible for the functionality or policies of third-party platforms or services (e.g., social media platforms, website hosting, email providers).

  • Client Approval: The Client is responsible for reviewing and approving all Deliverables. Zmuda Design is not liable for errors or omissions in approved Deliverables.

 

Termination of Services

  • By Client: The Client may terminate a Project at any time by providing written notice. Please note: Social Media Management services require a minimum commitment of three (3) months before termination can take effect. In all termination scenarios, the initial deposit is non-refundable. The Client will also be responsible for payment for all work completed up to the date of termination, billed at the agreed-upon rates or prorated according to the Proposal.

  • By Zmuda Design: Zmuda Design may terminate a Project or Services if the Client breaches any of these Terms (e.g., non-payment, significant delays in feedback/content) or if the working relationship becomes untenable, providing reasonable notice. In such cases, the Client will be responsible for payment for all work completed up to the date of termination.

 

Governing Law & Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions.

Any dispute arising from these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If a resolution cannot be reached, the parties agree to pursue mediation as a next step. If mediation is unsuccessful, disputes shall be submitted to the exclusive jurisdiction of the courts located in Wright County, Minnesota.

 

Changes to These Terms

I may update these Terms from time to time. Your continued use of the Site or engagement of my Services after any changes indicates your acceptance of the revised Terms.

 

Contact Me

If you have any questions about these Terms and Conditions, please contact me.

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