TERMS OF SERVICE

Welcome to the official website of EmileeDS Creative Web LLC.

These Terms and Conditions of Service (hereinafter referred to as “these Terms”) apply to your access to this website and your purchase of our web design, website development, and other digital creative services.

By accessing this website, submitting an order, or purchasing our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

  1. Scope of Services

EmileeDS Creative Web LLC provides online digital design and related technical services.

All services are provided and delivered exclusively via the internet; no physical goods are produced, packaged, or shipped.

We reserve the right to adjust the content of our services based on business development and operational capacity; however, any confirmed orders will be fulfilled according to the scope of services agreed upon by both parties.

  1. One-Time Purchase & No Subscription

All services offered by the company are provided on a one-time purchase basis.

We do not offer subscription services, nor do we implement recurring automatic charges or automatic renewals for client service orders.

Specific provisions are as follows:

Each order constitutes an independent, one-time service transaction.

Clients are only required to pay the amount specified on the order page.

There are no monthly, quarterly, or annual subscription fees.

Completing a purchase does not create any obligation for future payments.

Should a client require additional services or a new design project, a new order must be submitted and confirmed.

Any fees for additional services will only be charged upon the client’s consent.

  1. Orders & Payment Terms

When submitting an order, clients must ensure that all provided contact information and project requirements are accurate and complete.

Payment terms are as follows:

All orders must be paid for using the payment methods provided on the website.

The price of an order shall be the price displayed on the website at the time of purchase.

In the event of additional customization requirements or services that fall outside the scope of the original order, we will inform the client of the associated costs and proceed only after obtaining the client’s consent.

Once payment is successfully processed, we will schedule the services in accordance with the order details.

Clients are responsible for ensuring that their chosen payment method is legal, valid, and that they are authorized to use it. In the event of a payment failure, transaction dispute, or suspected fraudulent activity, we reserve the right to suspend the relevant services and take appropriate measures following verification.

We will not charge any unconfirmed additional fees without the client’s authorization.

  1. Intellectual Property & Copyright

We respect intellectual property rights and require our clients to likewise comply with all applicable copyright and intellectual property laws.

4.1 Materials Provided by the Client

Intellectual property rights in any text, images, trademarks, logos, videos, or other materials provided by the client remain with the original rights holder.

The client warrants that they own, or have obtained the necessary legal rights to use, reproduce, and authorize our use of, such materials.

Any legal liability arising from the provision of infringing or unauthorized materials by the client shall be borne by the party responsible under the law.

4.2 Custom Design Deliverables

For custom design deliverables commissioned and purchased by the client, once full payment has been made in accordance with the order agreement, we will—subject to the terms of the order and applicable law—transfer the transferable intellectual property rights to the client or grant the client a license to use such deliverables within the agreed-upon scope.

If both parties wish for specific works to be classified as a “Work Made for Hire” under U.S. copyright law, this must be explicitly stipulated in a separate, legally compliant written agreement.

4.3 Pre-existing Intellectual Property

The following items are not automatically transferred to the client upon the purchase of services:

The company’s pre-existing design templates and frameworks.

General design tools, techniques, and development methodologies.

General-purpose code and components developed by the company.

Third-party software, fonts, plug-ins, and licensed assets.

Any other pre-existing intellectual property that does not constitute a custom deliverable exclusive to the client.

Such items remain the property of the company or the respective third-party rights holder and are subject to their applicable licensing terms.

4.4 Unauthorized Use

No client or third party may reproduce, sell, distribute, or commercially exploit the company’s protected works, templates, or other intellectual property without proper legal authorization.

  1. Service Fulfillment

All services are completed and delivered online.

We may deliver service outputs via the following methods:

Email.

Google Drive shared links.

A website backend or client management platform. Online preview link.

Other digital delivery channels as agreed upon by both parties.

Specific delivery timelines shall be determined by the project schedule provided on the order page or as confirmed in writing by both parties.

The client shall provide necessary project materials, feedback, and confirmations in a timely manner to avoid delays to the delivery schedule.

We do not provide physical product delivery services, nor do we supply tracking numbers for physical logistics.

  1. Customer Responsibilities & Acceptable Use

When purchasing and using our services, the client shall:

Provide truthful and accurate personal and order information.

Ensure they possess the legal right to use any materials submitted.

Refrain from using our services for fraudulent or illegal activities, or for infringing upon the rights of others.

Refrain from using the website or related services to distribute malware, unlawful content, or unauthorized information.

Provide necessary materials and feedback in a timely manner, as required by the order.

Comply with all applicable federal, state, and local laws and regulations.

If the information provided by the client or their usage behavior violates applicable laws, or poses a significant risk to the security or normal operation of the website, we reserve the right to suspend or terminate the relevant services, to the extent permitted by law.

  1. Modifications, Cancellations & Refunds

Service modifications, order cancellations, and refunds shall be handled in accordance with the “Refund Policy” published separately on this website.

Should the client need to modify project requirements, they must contact our customer service department via email.

Modifications or additional services that fall outside the scope of the original order may incur extra charges and are subject to the client’s prior consent.

Nothing in these terms shall exclude any consumer rights guaranteed under applicable law.

  1. Disclaimer

We will provide web design and related digital services in accordance with reasonable professional standards.

However, we do not guarantee that:

The website will be fully compatible with all devices, browsers, and third-party platforms at all times.

Third-party hosting platforms, plugins, or software will remain operational at all times.

The website will achieve specific sales figures, traffic levels, search rankings, or commercial profits.

Internet services or third-party technologies will be free from interruptions or malfunctions. For issues arising from third-party platforms, servers, network operators, or the client’s own actions, we will provide assistance to a reasonable extent; however, we assume no liability for service interruptions that fall outside our control.

  1. Limitation of Liability

To the maximum extent permitted by applicable law, EmileeDS Creative Web LLC shall not be held liable for any indirect, incidental, special, punitive, or consequential losses, including but not limited to:

Loss of profits or anticipated revenue.

Loss of business opportunities.

Failures or service interruptions on third-party platforms.

Errors resulting from the client’s own actions.

Unauthorized third-party access or other events beyond our reasonable control.

To the extent permitted by applicable law, our total aggregate liability arising from any specific order shall not exceed the service fees actually paid by the client to us for that disputed order.

Nothing in this clause excludes or limits liability that cannot be excluded or limited under applicable law, including consumer rights that cannot be waived by law, liability for fraud, intentional misconduct, or any other liability that cannot be restricted by law.

  1. Dispute Resolution

In the event of a dispute between the client and our company concerning an order, payment, service delivery, or intellectual property rights, both parties shall first endeavor to resolve the matter through amicable negotiation.

The following procedure is recommended:

Step 1: Direct Negotiation

The client may contact us via email, providing details regarding the nature of the dispute and the desired resolution. Both parties shall act in good faith to reach a mutually agreeable solution.

Step 2: Voluntary Mediation

If the dispute cannot be resolved through negotiation, both parties may voluntarily choose to engage an independent third-party mediation organization or a professional mediator to assist in reaching a resolution.

Whether to proceed with mediation and how associated costs are to be shared shall be determined by the parties through a separate written agreement.

Step 3: Judicial Resolution

If the dispute remains unresolved, either party may initiate legal proceedings in a court of competent jurisdiction, in accordance with applicable law.

Alternatively, following the emergence of a dispute, the parties may mutually agree—via a separate written instrument—to submit the matter to binding arbitration.

Nothing in this clause shall be construed as requiring the client to waive their statutory right to pursue litigation, the right to a trial by jury, or any other rights that cannot be waived under the law.

11. Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oklahoma, USA, without regard to its conflict of law principles.

Any disputes arising from or related to these Terms of Service or the associated services shall, to the extent permitted by applicable law, be subject to the jurisdiction of the courts in the State of Oklahoma.

These Terms do not exclude the application of relevant U.S. federal laws or any mandatory consumer protection provisions applicable under the laws of the consumer’s state of residence.

  1. Suspension & Termination

To the extent permitted by applicable law, we may suspend or terminate the provision of services if a customer engages in any of the following:

Providing false or misleading information.

Engaging in fraudulent or illegal activities.

Infringing upon the intellectual property rights of third parties.

Abusing the website or services.

Violating material provisions of these Terms.

When taking such actions, we will fulfill any necessary notification obligations as required by the circumstances and applicable law.

The termination of services shall not affect any payment obligations that arose prior to such termination, nor shall it prejudice any rights held by either party under the law.

  1. Changes to These Terms

We reserve the right to update these Terms of Service to reflect business developments, service adjustments, or changes in applicable law.

Updated terms will be posted on this website and will include an “effective date.”

For orders already confirmed, updated terms shall not retroactively alter the terms of such orders, unless otherwise permitted by law or agreed upon by both parties.

  1. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be adjusted or severed to the maximum extent permitted by law, while the remaining provisions shall continue in full force and effect.

  1. Entire Agreement

These Terms of Service, along with the relevant order details and any supplementary agreements confirmed in writing by both parties, constitute the entire agreement between the parties regarding the services provided.

In the event of a conflict between the order details and these Terms, the specific terms expressly agreed upon in writing by the parties for that particular order shall take precedence, provided that such terms do not violate applicable law. 16. Contact Us

If you have any questions regarding these Terms of Service, order payments, intellectual property, or the content of our services, please contact us.

We appreciate you choosing EmileeDS Creative Web LLC and look forward to providing you with professional and reliable digital creative services.