These Terms and Conditions (“Agreement”) are made between NEW U CONCEPTS LLC, a limited liability company registered in the state of Michigan (“Company”, “We”, “Us”, or “Our”) and the client (“Client”, “You”, or “Your”) whose details are specified in the Service Agreement, Proposal, or Statement of Work (SOW) (“Service Agreement”). By engaging in services provided by NEW U CONCEPTS LLC, you agree to be bound by these Terms and Conditions.
1. Definitions
- Services: Refers to the branding, marketing, consulting, and related services provided by NEW U CONCEPTS LLC, including but not limited to market research, branding, advertising campaigns, digital marketing, social media management, content creation, and website design as described in a signed proposal or statement of work.
- Deliverables: Refers to the final products, documents, or outcomes that the Company will provide to the Client upon completion of the agreed services, including but not limited to logos, websites, graphics, or marketing campaigns.
- Client Materials: Refers to any content, information, or intellectual property that the Client provides to the Company for use during the engagement, such as logos, text, images, and proprietary data.
2. Services Provided
NEW U CONCEPTS LLC offers various branding and marketing services tailored to your business needs. The scope of services provided, timelines, and fees will be outlined in a Service Agreement or Statement of Work (SOW), which will be signed by both parties before the commencement of any work.
Services may include:
- Brand Development: Logo design, visual identity, brand strategy, and messaging.
- Marketing Campaigns: Social media marketing, email marketing, content marketing, influencer marketing, and paid ads (Google Ads, Facebook Ads, etc.).
- Consulting: Market analysis, strategic consulting, business development.
- Website & Digital Design: Website design, user experience (UX), user interface (UI) design, and development.
- Content Creation: Copywriting, photography, videography, and other multimedia content.
3. Client Responsibilities
To ensure the successful completion of the services, the Client agrees to:
- Provide accurate and complete information in a timely manner to enable the Company to complete the services as agreed.
- Provide all necessary access to materials, tools, or platforms required for project completion (e.g., domain names, hosting accounts, social media accounts, etc.).
- Review and approve or request revisions on all drafts or deliverables within the timeframes established in the Service Agreement.
- Respond to emails, calls, and queries from the Company promptly to avoid delays in the project timeline.
4. Payment Terms
- Fees: The Client agrees to pay the Company the fees outlined in the Service Agreement or proposal. These may include hourly rates, flat project fees, or ongoing retainer fees.
- Payment Schedule: Payment terms will be specified in the Service Agreement. Payments can be made as follows:
- Deposit: A deposit may be required before work begins (typically 30-50% of the total project fee).
- Progress Payments: Milestone payments may be required upon completion of defined stages of the project (e.g., upon design approval, content submission, etc.).
- Final Payment: The remaining balance is due upon completion of the final deliverables, before they are handed over to the Client.
- Refund Policy: Refunds are not typically offered unless otherwise specified in the Service Agreement. In the event of cancellation, the Client will be liable for any work completed up until the cancellation date.
5. Ownership and Intellectual Property
- Client Ownership: Upon receipt of full payment for services, the Client will own the rights to all final deliverables, including but not limited to logos, designs, website assets, and content created specifically for the Client, unless otherwise specified in writing.
- Company Ownership: NEW U CONCEPTS LLC retains ownership of any pre-existing intellectual property, including templates, methodologies, and processes used to deliver services to the Client. Additionally, the Company retains the right to showcase the work in its portfolio, website, and marketing materials unless explicitly prohibited by the Client.
- Third-Party Licenses: If any third-party software, images, or other materials are incorporated into the deliverables, the Client agrees to obtain the necessary licenses for the use of such third-party content.
6. Confidentiality
- Confidential Information: Both parties agree to maintain the confidentiality of any proprietary information shared during the course of the engagement, including business strategies, marketing plans, and intellectual property. This obligation survives the termination of the Agreement.
- Non-Disclosure Agreement (NDA): If necessary, a separate NDA may be signed to provide additional protection of confidential materials.
7. Project Timelines
- Estimated Timelines: The timeline for deliverables and milestones will be outlined in the Service Agreement. These timelines are estimates and may vary based on the complexity of the project and responsiveness of the Client.
- Delays: The Client acknowledges that delays in providing necessary materials, approvals, or feedback may result in extended project timelines. In such cases, the Company will notify the Client promptly and discuss a revised schedule.
8. Revisions and Changes
- Revisions: Revisions to initial deliverables are included within the scope of work, but the number of revisions will be limited to [Insert Number] rounds. Any revisions beyond this scope will be billed at the hourly rate specified in the Service Agreement.
- Additional Work: Any requests for changes or additional work outside the scope of the original project may require a new agreement or an amendment to the existing contract, with additional fees applicable.
9. Liability and Limitation of Liability
- Company Liability: NEW U CONCEPTS LLC’s liability for any claim arising out of or in connection with this Agreement will not exceed the total amount paid by the Client for the services provided under the Agreement.
- Client Liability: The Client agrees to indemnify and hold harmless NEW U CONCEPTS LLC from any claims, damages, or losses arising from the Client’s use of the deliverables, including any third-party claims for infringement of intellectual property rights.
10. Termination
- Termination by the Client: The Client may terminate the Agreement by providing written notice. In the event of termination, the Client agrees to pay for all services rendered up to the termination date.
- Termination by the Company: NEW U CONCEPTS LLC reserves the right to terminate the Agreement if the Client fails to comply with the terms outlined in the Agreement, including non-payment, failure to provide necessary materials, or engaging in illegal or unethical behavior.
11. Governing Law and Dispute Resolution
This Agreement will be governed by and construed in accordance with the laws of the state of Michigan, without regard to its conflict of law principles. Any disputes arising under this Agreement will be resolved through binding arbitration conducted in Detroit, Michigan.
12. Force Majeure
Neither party will be held responsible for any delay or failure to perform under this Agreement due to unforeseen events beyond their reasonable control, including but not limited to natural disasters, acts of government, labor strikes, or technological failures.
13. Entire Agreement and Amendments
This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings, whether written or verbal. Any amendments to this Agreement must be made in writing and signed by both parties.
14. Contact Information
For inquiries or concerns, please contact NEW U CONCEPTS LLC at: