Terms of Service
Delightful Creative — Terms of Service
By purchasing services from Delightful Creative LLC (“Delightful,” “we,” “us,” or “our”), you (“Client” or “you”) agree to the following Terms of Service.
Services & Scope
Services are provided as described on the applicable service page, proposal, or checkout page at the time of purchase. Those service-specific details, including scope, deliverables, timeline, and included revisions, are incorporated into these Terms.
Scope is limited to what is explicitly included in the purchased service. Requests outside the stated scope may require an additional fee or separate agreement. Delightful is not obligated to perform work outside the purchased scope.
Payment, Cancellations, Refunds & Rescheduling
Payment terms are specified at the time of purchase. All payments, including deposits, are non-refundable unless otherwise expressly agreed to in writing by Delightful.
Purchasing or reserving a service commits time and capacity in Delightful’s schedule. Client cancellation does not entitle the Client to a refund.
Requests to reschedule a scheduled service must be made at least five business days before the scheduled start date and are subject to Delightful’s availability. Requests made with less notice may be subject to a rescheduling fee or require a new booking.
If Delightful must cancel or reschedule a service and cannot provide a mutually acceptable alternative date, the Client will be entitled to a refund for services not performed.
Scheduling & Project Start Dates
Purchasing a service does not necessarily mean work will begin immediately. Start dates and timelines are subject to Delightful’s availability and the Client’s completion of any required pre-work.
Any timeline provided by Delightful assumes timely communication, feedback, materials, approvals, and access from the Client.
Client Responsibilities & Delays
The Client is responsible for providing all requested information, materials, content, access, feedback, and approvals by the deadlines communicated by Delightful. Timelines and scheduled work are dependent upon the Client’s timely cooperation.
If the Client does not provide required materials, information, feedback, approvals, or access by the applicable deadline, Delightful may postpone, pause, reschedule, or terminate the service at its discretion. Any revised timeline will be subject to Delightful’s availability. Client-caused delays do not entitle the Client to a refund. If Delightful terminates a service due to the Client’s failure to provide required materials, information, feedback, approvals, or access, amounts already paid will remain non-refundable.
If a Client-caused delay materially affects reserved project time or requires Delightful to reallocate scheduled capacity, Delightful may charge a reasonable rescheduling or restart fee before work resumes.
If required Client materials, feedback, approvals, or communication remain outstanding for more than two business days after the applicable deadline, Delightful may consider the project paused. Resumption will be subject to Delightful’s availability and may require a restart or rescheduling fee.
Feedback, Revisions & Acceptance
The number of feedback or revision rounds included in a service is specified in the applicable service description or proposal.
Feedback must be consolidated and provided within the requested timeframe. Additional revisions, revisions requested after approval, or requests outside the original scope may be billed separately at Delightful’s then-current hourly rate or quoted separately.
Feedback must be provided within the timeframe communicated by Delightful for the applicable service or stage of work. Depending on the service, feedback may be required during a scheduled meeting or by a specified deadline. If the Client does not provide feedback within the communicated timeframe, Delightful may pause the project. Any revised timeline will be subject to Delightful’s availability, and a restart or rescheduling fee may apply. Client-caused delays do not entitle the Client to a refund.
Intellectual Property
Upon receipt of full payment, the Client will own the final, approved deliverables created specifically for the Client, except for Delightful’s pre-existing intellectual property and any third-party or licensed materials.
Delightful retains ownership of all preliminary concepts, explorations, drafts, unused designs, processes, methods, templates, tools, and other materials that are not included in the final approved deliverables.
Any pre-existing intellectual property owned by Delightful that is incorporated into the final deliverables remains the property of Delightful. The Client receives a perpetual, non-exclusive, royalty-free license to use such materials as incorporated into the final deliverables.
Third-Party Materials & Licenses
Deliverables may incorporate third-party materials such as fonts, stock photography, software, plugins, templates, or other licensed assets. These materials remain subject to their respective license terms.
Unless explicitly included in the purchased service, the Client is responsible for purchasing and maintaining any third-party licenses required for the Client’s continued use of those materials.
Client-Provided Materials
The Client represents that they have the necessary rights and permissions to provide any content, photography, logos, trademarks, copy, data, or other materials supplied to Delightful.
The Client grants Delightful permission to use those materials as necessary to perform the purchased services.
Delightful may rely on Client-provided materials without independently verifying their accuracy, ownership, or legality and is not responsible for claims arising from materials supplied or specifically directed by the Client.
Portfolio & Promotional Use
Delightful retains the right to display, publish, and identify completed work created for the Client, including the Client’s name, logo, and final deliverables, in Delightful’s portfolio, website, social media, case studies, award submissions, and other promotional materials.
Delightful will not disclose confidential or non-public Client information in connection with such use.
Confidentiality
Each party agrees to keep confidential any non-public information received from the other party in connection with the services and to use such information only as necessary to perform or receive the services.
This obligation does not apply to information that is publicly available, independently developed, or lawfully received from another source.
Professional Judgment & No Guarantees
Delightful provides creative, design, and strategic services based on professional judgment and experience. The Client remains responsible for its business decisions, implementation, and use of Delightful’s work or recommendations.
Delightful does not guarantee any particular business, financial, marketing, conversion, sales, fundraising, audience growth, or other outcome resulting from the services.
Termination & Suspension
Delightful may suspend or terminate services if the Client fails to make required payments, fails to provide necessary materials or cooperation, materially breaches these Terms, or engages in abusive, unlawful, or inappropriate conduct.
If the Client chooses to terminate or discontinue a service after purchase, amounts already paid remain non-refundable.
Upon termination, the Client will receive rights only to final deliverables that have been completed and fully paid for as of the termination date.
Limitation of Liability
To the fullest extent permitted by law, Delightful’s total liability arising out of or relating to any service will not exceed the amount actually paid by the Client for the applicable service.
To the fullest extent permitted by law, Delightful will not be liable for any indirect, incidental, special, consequential, exemplary, or lost-profit damages arising out of or relating to the services.
Independent Contractor
Delightful is an independent contractor and retains control over the manner and means by which the services are performed. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between Delightful and the Client.
Taxes & Expenses
Fees are exclusive of applicable sales, use, or other taxes unless otherwise stated. The Client is responsible for applicable taxes associated with the purchased services.
Any third-party expenses not expressly included in the purchased service will require Client approval before being incurred and may be billed separately.
Governing Law & Venue
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the services will be brought in the state or federal courts located in New York County, New York, and the parties consent to the jurisdiction of those courts.
Entire Agreement
These Terms, together with the applicable service description, checkout page, and any proposal or other written service-specific agreement, constitute the entire agreement between the Client and Delightful regarding the purchased services and supersede prior discussions or communications concerning those services.
If a service-specific written agreement expressly conflicts with these Terms, the service-specific agreement will control with respect to that service.
Any modification to the agreement must be agreed to in writing by Delightful and the Client.
Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Changes to These Terms
Delightful may update these Terms from time to time. A purchase will be governed by the version of the Terms in effect at the time of purchase.