Terms of Service
Last updated: May 1, 2025
Agreement to Terms
These Terms of Service ("Terms") govern your use of the KAY DESIGN STUDIO LLC website and services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.
Use of Website
Our website is provided for informational purposes to help you learn about our design services. You may use the website for lawful purposes only and in accordance with these Terms.
You agree not to:
- Use the website in any way that violates applicable laws or regulations
- Attempt to gain unauthorized access to the website or its systems
- Interfere with or disrupt the website's operation
- Use automated systems (bots, scrapers) to access the website without permission
- Transmit malicious code, viruses, or harmful content
- Impersonate any person or entity or misrepresent your affiliation
Design Services
Project Agreements
When you engage our design services, we will provide a project proposal or contract outlining the scope of work, deliverables, timeline, payment terms, and other project-specific details. Both parties must agree to and sign this agreement before work begins.
Client Responsibilities
Clients are responsible for:
- Providing accurate information, content, and materials needed for the project
- Responding to requests for feedback in a timely manner
- Making payments according to the agreed schedule
- Ensuring they have rights to any content they provide for use in designs
- Reviewing and approving designs during designated review periods
Revisions
Each project includes a specified number of revision rounds as outlined in your project agreement. Additional revisions beyond those included may be subject to additional fees. Revisions must be requested within the timeframe specified in your project agreement.
Intellectual Property
Website Content
All content on the KAY DESIGN STUDIO website, including text, graphics, logos, images, and software, is the property of KAY DESIGN STUDIO LLC or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our website content without express written permission.
Client Designs
Upon full payment for a completed project, you receive full ownership and commercial usage rights to the final, approved custom designs we create for you. You may use these designs for any lawful purpose without additional fees or attribution requirements.
Until final payment is received, KAY DESIGN STUDIO LLC retains all rights to the work. We reserve the right to use completed projects in our portfolio, website, and marketing materials unless otherwise agreed in writing.
Payment Terms
Payment terms are specified in your project agreement. Generally:
- A 50% deposit is required before work begins
- The remaining 50% is due before final file delivery
- Monthly services are billed in advance
- Invoices are payable within the timeframe specified (typically upon receipt or within 7 days)
- Late payments may incur late fees and project delays
All fees are non-refundable once work has begun, except as outlined in our Refund & Cancellation Policy.
Project Delays and Cancellations
We strive to meet all agreed-upon deadlines. However, project timelines may be affected by delays in client feedback, approvals, or provision of required materials. We are not responsible for delays caused by circumstances beyond our control.
Cancellation policies are outlined in our separate Refund & Cancellation Policy. Generally, deposits are non-refundable once work has commenced.
Warranties and Disclaimers
We provide design services with professional skill and care. However:
- Our website is provided "as is" without warranties of any kind, express or implied
- We do not guarantee uninterrupted, error-free, or secure access to our website
- We do not warrant that designs will achieve specific business results or outcomes
- We are not responsible for how you implement or use the designs we create
- We do not provide legal advice regarding trademark or copyright registration
Limitation of Liability
To the maximum extent permitted by law, KAY DESIGN STUDIO LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Business interruption
- Cost of substitute services
Our total liability for any claims related to our services shall not exceed the total amount paid by you for the specific project or service giving rise to the claim.
Indemnification
You agree to indemnify and hold harmless KAY DESIGN STUDIO LLC, its owner, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of our website or services
- Your violation of these Terms
- Your violation of any third-party rights
- Content or materials you provide for use in designs
Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be resolved in the state or federal courts located in Lee County, Florida.
Changes to Terms
We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised "Last Updated" date. Your continued use of our website or services after changes are posted constitutes acceptance of the modified Terms.
Contact Information
If you have questions about these Terms of Service, please contact us:
KAY DESIGN STUDIO LLC
3010 40TH ST SW, Lehigh Acres, FL 33976
Email: info@kaydesignstudiofl.com
Phone: (904) 663-2420