1. INTRODUCTION
Welcome to Perception LLC. By using our design services you agree to accept our Terms of Service (“Terms” or “Agreement”).
For the purpose of these Terms of Service, the words “we”, “our”, and “us” refer to Perception LLC, a Wisconsin limited liability company. “You” refers to you, our client.
We reserve the right to update these Terms at any time.
2. ORDERS AND PAYMENT
All pricing is subject to change at any time. If any additional work is requested, or if there are requests for modifications that are above and beyond the norm, which Perception LLC reserves the right to determine, then you shall be liable for any amounts incurred at Perception LLC’s normal hourly rate or at a rate/fee agreed upon by both parties.
By asking Perception LLC to begin work on a project, you agree to pay for the services you requested, and that your payment method will be honored.
You also agree to pay your invoice in full upon receipt, unless otherwise agreed upon by both parties.
3. ADVERTISING AND DISCLAIMERS
Perception LLC creates custom designs based upon the specifications that we receive or the content that you provide. We make no representations as to the legality of any claim, or whether any description of a product or service is accurate. It is your responsibility to vet any and all creative that is provided, as well as any final product that results, with your legal team. You agree to hold us harmless and indemnify us for any loss that may occur as a result of any dispute or issue that involves our work. Perception LLC cannot be held liable for any errors, omissions, or monetary damages arising from the use of our designs and/or services.
4. INTELLECTUAL PROPERTY
As a client of Perception LLC, you will often times be providing us with content. You agree that you own any and all intellectual property rights in the content that you provide, or that you have permission from the respective rights owners to use their content and to provide it to Perception LLC for use on your project. You also agree that Perception LLC may use any final work product, including the content you provided, in its portfolio and may aggregate, modify, or display it for commercial or noncommercial purposes on its site, in marketing materials, or other medium in which Perception LLC may attract new clients.
Perception LLC may license certain content for use on your project. This license is granted to Perception LLC and is non-transferable. Should you require use of this content in something not specifically designed for you by Perception LLC, you must purchase your own license. The original copyright owner maintains the rights to their content.
You agree to indemnify us for any damages resulting from any intellectual property rights that are infringed upon.
5. FILE STORAGE
Perception LLC reserves the right to keep copies of past project files on hand to simplify and expedite the process of working with you on future projects. However, we cannot promise that this will always be the case and may not be held responsible for maintaining copies of your design files. As such, we highly suggest backing up project files on your own. Should you desire copies of certain types of project files, you must request them immediately upon completion of the project. Requesting files from us at a later date (for example, after having misplaced or deleted your own copies) may incur additional costs.
6. WAIVER
The failure to enforce any provision of this Agreement will not constitute a waiver of this Agreement or of any breach that may occur or default.
7. INDEMNIFICATION
You agree that you will indemnify, defend and hold harmless Perception LLC and its directors, officers, members, employees, agents, and contractors against any liabilities, including reasonable attorneys’ fees and court fees and disbursements, which arise from or are related to your use of Perception LLC’s services.
8. NO REFUNDS AND NO GUARANTEES
Perception LLC is not obligated to refund any payments. Furthermore, you agree that our services are not guaranteed and that our work may not necessarily produce the results that you desire.