Design Service Terms & Conditions
Chelcea Cupples Creative
These Design Service Terms & Conditions (“Terms”) govern all design services provided by Chelcea Cupples Creative (“Designer”). By booking, purchasing, or otherwise engaging design services from Chelcea Cupples Creative, including accepting or paying any estimate, proposal, or invoice, the client (“Client”) acknowledges that they have read, understood, and agree to be bound by these Terms.
1. Scope of Services
Chelcea Cupples Creative provides graphic design and creative services which may include, but are not limited to:
brand identity design
logo design
website design
social media graphics
marketing materials
print design (flyers, brochures, signage, etc.)
packaging design
digital graphics and illustrations
The specific services, deliverables, pricing, revision limits, and project timeline will be outlined in the estimate, proposal, or invoice provided to the Client.
Any services, deliverables, revisions, or requests not specifically listed in the accepted proposal are considered outside the scope of the project and may require additional fees, timeline adjustments, or a revised estimate.
Examples of scope changes may include, but are not limited to:
additional deliverables not included in the original agreement
additional pages, graphics, or formats
major design direction changes after concept approval
requests for new concepts beyond included revisions
Chelcea Cupples Creative reserves the right to evaluate scope changes and issue a revised estimate before continuing work.
2. Payment Terms & Refund Policy
Payment terms will be specified in the project estimate or invoice.
Projects may require a deposit before work begins, which secures time in the Designer’s production schedule.
Unless otherwise stated in writing:
Deposits are non-refundable
Final deliverables may be withheld until full payment is received
Chelcea Cupples Creative reserves the right to pause work on projects with overdue invoices
Due to the time, creative effort, and digital nature of design services, all payments are non-refundable once work has begun, including for partially completed work or unused design concepts.
Payment Disputes and Chargebacks
By purchasing services, the Client agrees not to initiate payment disputes or chargebacks for services that have been delivered or are in progress.
If a concern arises regarding services or payment, the Client agrees to contact Chelcea Cupples Creative first to attempt to resolve the matter in good faith.
3. Project Timeline, Communication, and Client Responsibilities
Project timelines depend on timely communication and the prompt delivery of materials, feedback, and approvals from the Client.
The Client agrees to provide necessary:
text content
images or photography
branding assets
account access
feedback and approvals
in a timely manner.
Delays in providing materials, approvals, or feedback may result in project delays.
Chelcea Cupples Creative is not responsible for project delays caused by:
late content delivery
delayed client approvals
third-party vendors or services
technical issues outside the Designer’s control
Client Inactivity / Project Abandonment
If the Client fails to provide required materials, feedback, or approvals for 30 days, the project may be considered inactive and removed from the active schedule.
If a project remains inactive for 60 days, it may be considered abandoned.
In cases of abandonment:
deposits and payments remain non-refundable
additional fees may apply to restart the project
a revised timeline or estimate may be required
4. Client Content Responsibility & Legal Compliance
The Client is solely responsible for providing all materials required for the completion of the project, including but not limited to:
text content
images or photography
graphics or illustrations
logos or trademarks
branding assets
product descriptions
marketing claims
downloadable files or documents
account access
The Client represents and warrants that all materials supplied:
are accurate and lawful
are owned by the Client or properly licensed
do not infringe upon any copyright, trademark, privacy, publicity, or other rights
comply with all applicable laws and regulations.
Chelcea Cupples Creative does not verify ownership, licensing, or legal compliance of materials supplied by the Client.
The Client assumes full responsibility for any claims arising from materials provided for the project, including but not limited to claims involving:
copyright infringement
trademark infringement
false advertising
violations of the Digital Millennium Copyright Act (DMCA) or other laws.
The Client agrees to indemnify, defend, and hold harmless Chelcea Cupples Creative from any claims, damages, losses, liabilities, or legal expenses (including attorney fees) arising from materials provided by the Client.
5. Revisions
Projects may include a specified number of revision rounds as outlined in the project proposal.
Revision rounds are intended for refining the selected design concept, not for creating entirely new concepts or substantially redesigning the project.
Requests that require significant redesign, additional concepts, or revisions beyond those included in the proposal may incur additional fees.
Timely feedback is required to maintain project schedules.
6. Ownership and Usage Rights
Upon full payment, the Client receives the right to use the final approved design deliverables for their intended purpose.
Unless otherwise agreed in writing, Chelcea Cupples Creative retains ownership of:
preliminary concepts
unused design drafts
working files and editable source files
design processes and creative methodologies.
Chelcea Cupples Creative retains the right to display completed work in:
portfolios
marketing materials
social media
professional showcases.
Designer Design Rights and Reuse
Unless otherwise agreed in writing, Chelcea Cupples Creative retains the right to reuse, adapt, modify, or resell design concepts, layouts, templates, and creative elements developed during the project.
For projects such as invitations, event materials, templates, or similar designs, the Client acknowledges that design structures, layouts, and creative concepts may later be reused for other clients or sold as templates or products.
Any reuse will not include the Client’s personal information, branding, names, event details, or identifying content.
The Client retains rights to use their customized design, while Chelcea Cupples Creative retains the underlying design rights.
7. Third-Party Vendors, Printing, and Production
Chelcea Cupples Creative may prepare files according to standard design and print specifications.
However, the Designer is not responsible for errors or issues caused by third-party vendors, including but not limited to:
printing errors
color variations between screens and printed materials
paper stock or material differences
printer equipment settings
shipping delays
production errors from vendors.
Clients are responsible for reviewing and approving final proofs prior to printing or production.
8. Final Approval Responsibility
The Client is responsible for carefully reviewing and approving all final designs prior to printing, publishing, manufacturing, or distribution.
Approval confirms that the Client has verified all content, including:
spelling
grammar
dates
contact information
product information
event details
other written content.
Chelcea Cupples Creative is not responsible for errors that were approved by the Client prior to production.
9. Website Projects, Accessibility, and Post-Launch Responsibility
For website or digital interface projects, Chelcea Cupples Creative may follow general accessibility best practices where reasonably possible.
However, full compliance with accessibility standards (such as ADA or WCAG) cannot be guaranteed due to factors outside the Designer’s control, including:
future content updates
third-party plugins or tools
integrations or external services
downloadable documents or media
modifications made after launch
The Client is responsible for maintaining accessibility compliance when adding or modifying website content after launch.
Once a website or digital project has been delivered or launched, the Client assumes responsibility for ongoing maintenance, updates, and modifications.
Chelcea Cupples Creative is not responsible for issues that arise after launch due to:
client edits or updates
plugin or integration changes
platform or software updates
hosting or server changes
third-party developer modifications.
Future updates or troubleshooting may require a separate agreement or maintenance service.
10. Limitation of Liability
To the fullest extent permitted by law, Chelcea Cupples Creative shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from the use of design services or deliverables.
This includes but is not limited to:
business interruption
lost profits or revenue
printing errors from third-party vendors
website accessibility claims
technical issues or software changes
third-party service failures.
The total liability of Chelcea Cupples Creative for any claim relating to services provided shall not exceed the total amount paid by the Client for the specific project.
11. Project Termination
Either party may terminate a project at any time by providing written notice.
In the event of termination:
the Client agrees to pay for all work performed up to the termination date
all deposits and completed work remain non-refundable
any outstanding invoices become immediately due.
Chelcea Cupples Creative is not obligated to deliver final files or transfer project materials until all outstanding balances are paid in full.
12. Force Majeure
Chelcea Cupples Creative shall not be held liable for delays or failure to perform services due to circumstances beyond reasonable control, including but not limited to:
natural disasters
acts of God
severe weather
power or internet outages
illness or medical emergencies
government actions
labor disputes
hosting platform or software outages
failures of third-party services.
Project timelines may be reasonably extended in such circumstances.
13. Governing Law
These Terms shall be governed and interpreted according to the laws of the State of California, without regard to conflict of law principles.
14. Acceptance of Terms
By accepting a proposal, estimate, or invoice from Chelcea Cupples Creative, the Client acknowledges that they have read, understood, and agree to these Design Service Terms & Conditions.
15. Intellectual Property Infringement Claims
Chelcea Cupples Creative creates original design work based on the information, materials, and direction provided by the Client. While reasonable efforts are made to create unique work, the Designer cannot guarantee that design elements, concepts, or visual styles will never resemble other existing works.
The Client acknowledges that similar or comparable designs may exist in the marketplace.
Chelcea Cupples Creative shall not be held liable for claims of intellectual property infringement arising from:
materials provided by the Client
content supplied by the Client
design direction or instructions requested by the Client
third-party assets requested by the Client (including fonts, images, templates, or graphics).
The Client agrees to indemnify and hold harmless Chelcea Cupples Creative against any claims, damages, or legal expenses arising from alleged intellectual property infringement related to materials or instructions supplied by the Client.
16. Portfolio and Marketing Rights
Chelcea Cupples Creative retains the perpetual right to display, reproduce, and promote completed design work for purposes including but not limited to:
professional portfolios
websites
marketing materials
social media
design competitions or publications
educational or promotional materials.
This right applies unless otherwise agreed to in writing. Confidential or sensitive information belonging to the Client will not be disclosed without permission.
17. AI and Third-Party Tool Disclaimer
Chelcea Cupples Creative may utilize a variety of professional tools, software platforms, stock resources, and emerging technologies—including artificial intelligence (AI) tools—to assist in research, ideation, design development, or workflow efficiency.
Any such tools are used solely to support the creative process.
The Client acknowledges that AI tools, stock libraries, and third-party resources may have their own licensing terms and limitations.
Chelcea Cupples Creative makes reasonable efforts to comply with licensing requirements but cannot guarantee that third-party tools or platforms will remain available, unchanged, or free from future legal or licensing disputes.
Chelcea Cupples Creative shall not be held responsible for claims arising from the future policies, availability, or licensing changes of third-party platforms, software providers, or AI systems used during the design process.
18. Professional Conduct
Chelcea Cupples Creative is committed to maintaining a respectful and professional working environment.
The Designer reserves the right to terminate a project immediately if the Client engages in behavior that is abusive, threatening, discriminatory, defamatory, or otherwise inappropriate.
In such cases:
any payments made remain non-refundable
the Client remains responsible for payment for work completed up to the termination date.
19. Legal Fees and Dispute Resolution
In the event of a dispute arising from services provided by Chelcea Cupples Creative, the parties agree to first attempt to resolve the matter through good-faith communication.
If legal action becomes necessary to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorneys’ fees, legal costs, and expenses in addition to any other relief awarded.