Last Updated: May 5, 2024
By accessing designwithduo.com and participating in the Together Agency’s Duo Brand Services (the "Service"), you (the “Client”) agree to be bound by these terms and conditions, set forth by Together Agency LLC, a limited liability company organized under the laws of the state of Wyoming (”Together” or the “Agency”). These Terms & Conditions constitute a legally binding agreement by and between parties.
Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Together Agency shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Together Agency for services rendered shall remain and continue to be an ongoing obligation owed by Client to Together Agency.
Section 1: User Representations
By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.
Section 2: Intellectual Property Rights
2.01. All right, title and interest in and to all elements and all manifestations of all the pre-existing intellectual property of the Agency, including without limitation, Agency’s trademarks, trade names, copyrights, photography, logos, packaging imagery, artwork, and marketing materials, shall at all times be the sole property of the Agency.
2.02. Unless otherwise indicated, the Website is the property of Together Agency and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Together Agency and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Together Agency’s express prior written permission. Together Agency reserves all rights in the Website, Content and Marks.
2.03. All right, title and interest in and to all elements and all manifestations of all the pre-existing intellectual property of Client, including without limitation, Client’s trademarks, trade names, copyrights, photography, logos, packaging imagery, artwork, and marketing materials, shall at all times be the sole property of Client.
Section 3: Scope of Services
3.01. The parties agree that Agency will perform brand and creative design services for Client (the “Services”) on a month-to-month basis and based on submitted requests from the Client through their dedicated project dashboard. The Agency will perform the Services in a prompt manner and provide the deliverables (the “Deliverables”) to the Client. Client shall assist the Agency by promptly providing all information requests known or available and relevant to the Services in a timely manner.
3.02. The parties agree and understand the distinguishing characteristics of the Duo service plans. The “Starter” plan includes graphic design and copywriting requests and services. On the “Starter” plan Agency will work through one request at a time, and communications are limited to asynchronous means via email and/or the client dashboard provided by the Agency. The “Accelerator” plan includes graphic design, copywriting, digital design, research & discovery, strategy, and content development requests and services. On the “Accelerator” plan Agency will work through up to two requests at a time, and Client and Agency may communicate via email, project dashboard, and video and telephonic calls.
3.03. Agency reserves the right to decline service requests that go beyond the designated scope of a Client’s service plan. This includes but is not limited to brand identity development, brand naming, animation/motion design, complex packaging or print design, digital development, and any other overly complex projects that undermine the spirit and intent of Duo design and brand services. Out of scope work may require a separate Statement of Work and additional payment as determined by Agency.
Section 4: Client’s Obligations