Terms of Service
Last Updated: 05/01/2025
Use of the Site
You agree to use the Site only for lawful purposes and in a way that does not infringe upon the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site. Prohibited behavior includes:
Harassing or causing distress or inconvenience to any other user
Transmitting obscene or offensive content
Disrupting the normal flow of dialogue within the Site
Attempting to gain unauthorized access to the Site, server, or any connected database
Using the Site to transmit or post any material that contains viruses, trojan horses, worms, or other harmful programs
Using the Site to violate any applicable local, state, national, or international law
Intellectual Property
Our Intellectual Property
All content included on the Site, such as text, graphics, logos, images (including portfolio work showcased), audio clips, video clips, data compilations, and software, is the property of Vercetti Design or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Vercetti Design.
You may not:
Systematically extract or re-utilize parts of the contents of the Site without expressed written consent
Utilize any data mining, robots, or similar data gathering and extraction tools
Reproduce, duplicate, copy, or otherwise exploit the Site for commercial purposes
Create derivative works based on the content of the Site
Client Projects & Deliverables
Upon full payment for services rendered, clients will receive rights to the final deliverables as specified in the project agreement or proposal. Unless explicitly stated otherwise in a written agreement:
Vercetti Design retains the right to display and link to the completed project as part of our portfolio and to write about the project on websites, in articles, and in publications about design
Vercetti Design retains all intellectual property rights to preliminary designs, concepts, and other work not selected for final deliverables
Vercetti Design reserves the right to retain, reuse, and repurpose non-confidential design elements created during the process
User Content
By submitting content to us (including but not limited to images, text, and feedback):
You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify the content for the purpose of providing our services
You represent and warrant that you own or have the necessary rights to such content and that it does not infringe on any third party's intellectual property or privacy rights
Project Process & Client Responsibilities
Project Timeline
Project timelines will be established in the proposal or agreement. Timelines may be adjusted due to:
Client delays in providing feedback or required materials
Scope changes requested by the client
Force majeure events or other circumstances beyond reasonable control
Client Responsibilities
To ensure timely delivery of services, clients are responsible for:
Providing necessary content, materials, and information in a timely manner
Reviewing and providing feedback on designs within agreed timeframes
Making personnel available for consultation when required
Providing accurate and complete information necessary for project completion
Revision Policy
Projects include a specific number of revision rounds as outlined in the proposal. Additional revisions beyond those included may incur additional fees at our standard hourly rate.
Payment Terms
Fees and Expenses
The fees for our services will be outlined in the proposal or agreement provided to you. Unless otherwise stated:
A 50% non-refundable deposit is required to commence work
Remaining balance is due upon project completion and prior to the release of final files
Additional costs may be incurred for scope changes, rush fees, or additional revisions beyond those included in the agreement
Late Payments
Invoices are due upon receipt unless otherwise specified. Late payments may result in:
Suspension of ongoing work
Late fees of 1.5% per month on outstanding balances
Withholding of deliverables until payment is received in full
Cancellation Policy
Should you decide to cancel a project after work has commenced:
The initial deposit is non-refundable
You will be billed for all work completed up to the cancellation date
Cancellation must be submitted in writing
Disclaimer of Warranties and Limitation of Liability
The Site and its content are provided "as is" and "as available" without any representation or endorsement made and without warranty of any kind whether express or implied. Vercetti Design does not warrant that:
The functions contained in the material on this Site will be uninterrupted or error-free
Defects will be corrected
This Site or the server that makes it available are free of viruses or represent the full functionality, accuracy, or reliability of the materials
To the extent permitted by law, Vercetti Design will not be liable for any indirect or consequential loss or damage (including without limitation loss of business, opportunity, data, or profits) arising out of or in connection with the use of the Site or our services.
Our total liability for all claims arising from or related to our services shall not exceed the total amount paid by you for the services giving rise to such claims.
Indemnification
You agree to indemnify, defend, and hold harmless Vercetti Design, its officers, directors, employees, agents, and third parties from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:
Any violation of these Terms by you
Your use of materials or features of the Site in a manner that infringes on the rights of a third party
Content you provide to us that infringes on the intellectual property or privacy rights of others
Links to Third Party Websites
The Site may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Vercetti Design is not responsible for the content or availability of any such sites.
Confidentiality
Client Information
We agree to keep confidential all information provided by you that is marked as confidential or that would reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.
Portfolio Rights
Notwithstanding the above, you grant us permission to display and link to your completed project as part of our portfolio and to write about the project for promotional purposes, unless explicitly agreed otherwise in writing.
Dispute Resolution
Good Faith Resolution
In the event of any dispute arising from or relating to these Terms or our services, both parties agree to attempt to resolve the dispute in good faith by direct negotiation.
Mediation and Arbitration
If the dispute cannot be resolved by direct negotiation, both parties agree to submit to binding arbitration under the rules of the American Arbitration Association (or other mutually agreed arbitration service) before pursuing litigation.
Changes to Terms
Vercetti Design reserves the right to change these Terms at any time, and your continued use of the Site following any changes shall be deemed to be your acceptance of such change. We will notify users of any material changes to these Terms by posting a notice on our homepage. It is your responsibility to check the Terms regularly for any changes.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ohio, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Cuyahoga County, Ohio and The United States of America to resolve any dispute or claim arising from these Terms.
Entire Agreement
These Terms, together with any project proposals or agreements, constitute the entire agreement between you and Vercetti Design regarding the use of the Site and our services, superseding any prior agreements between you and Vercetti Design.
Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy here
Contact Us
If you have any questions about these Terms, please contact us at: Tommy@vercettidesign.com