Terms of Service

1. Forming a project agreement

A website inquiry, discussion, or estimate is not an agreement to perform services. A project is accepted only when the applicable written proposal, statement of work, or confirmation has been approved by both parties and any required initial invoice has been paid.

The project document should identify the selected service, price, deliverables, assumptions, number of included concepts or revision rounds, client responsibilities, anticipated schedule, payment milestones, and any special licensing or confidentiality terms. Work will not begin until required information and materials are reasonably complete.

2. Services and project scope

Services may include Logo Design, Logo Redesign & Refresh, Logo Suite & Variations, Color Palette & Typography System, Social Media Brand Kit, Business Card & Stationery Design, Brand Style Guide, or a Complete Visual Identity Package.

Only work specifically listed in the accepted project scope is included. Naming, copywriting, website development, printing, production management, trademark searches, trademark registration, legal clearance, marketing strategy, paid advertising, photography, illustration, animation, packaging, or additional applications are excluded unless expressly included.

A request outside the agreed scope may require a written change order, additional fee, and revised schedule. Nexaliq Identity will not perform material additional work without explaining the proposed change.

3. Estimates, public prices, and fixed fees

Website prices represent the standard base scope for listed services. A written project fee is fixed for the scope described in the accepted project document. The fee may change only if the parties approve added work, changed deliverables, extra revisions, accelerated scheduling, new third-party costs, or another material scope change.

Fixed fee does not mean unlimited service. It covers only the concepts, revisions, meetings, deliverables, and schedule stated in the project document.

4. Client responsibilities

The client agrees to provide timely, accurate, and complete information; identify the authorized decision-maker; consolidate feedback; review work carefully; and respond within agreed review periods. The client must have the right to use all names, text, logos, photographs, illustrations, fonts, files, and other materials it supplies.

The client remains responsible for business decisions, factual accuracy, spelling, contact details, regulatory statements, product claims, and final approval. If multiple stakeholders are involved, the client must provide one coordinated response. Conflicting or repeated feedback may delay the schedule or require additional scope.

5. Schedule and communication

Any schedule is a good-faith plan based on timely client participation and the scope known at acceptance. Delays in materials, feedback, approvals, payment, or access may move delivery dates. Nexaliq Identity is not responsible for a missed date caused by incomplete client inputs, expanded scope, third-party delay, force majeure, or circumstances outside reasonable control.

Project communications and approvals may occur electronically. The client should retain copies of important approvals and promptly report any mistaken or unauthorized communication.

6. Concepts, selection, and revisions

The number of concepts and revision rounds is defined in the project document. A revision means a reasonable modification to the selected direction, not a new brief, a return to a rejected direction, or development of an additional concept.

Feedback should be specific, consolidated, and tied to the agreed objectives. Unused revision rounds have no cash value. Additional rounds or a significant change in direction may be quoted separately. Nexaliq Identity may decline a requested change that is unlawful, technically unsound, infringing, deceptive, or inconsistent with professional standards.

7. Approval and final review

The client must review all names, wording, numbers, colors, layouts, and applications before final approval. Approval authorizes final preparation and confirms acceptance of the presented work, subject to any written correction noted at that time.

Changes requested after approval or final export may be treated as additional services. Minor technical file corrections caused by an export error should be reported promptly and will be addressed reasonably.

8. Payment

Invoices are payable in U.S. dollars according to the schedule stated in the proposal or invoice. Work may be paused if an invoice is overdue. The client remains responsible for completed work and authorized costs through the pause or termination date.

Final high-resolution, production-ready, editable, or source deliverables may be withheld until all project invoices and approved expenses are paid. Detailed rules appear in the Payment Policy and Cancellation & Refund Policy.

9. Intellectual property and licenses

Before full payment and a valid written transfer, concepts and design work remain owned by Nexaliq Identity or the applicable third-party owner. Upon full payment, rights in the approved final original work are transferred or licensed only to the extent described in the signed project documents and Intellectual Property & Licensing Policy.

Rejected or unused concepts, preliminary work, sketches, presentations, methods, templates, tools, know-how, and general design systems are not transferred unless expressly agreed. Fonts, stock assets, software, and other third-party materials remain subject to their original licenses. The client is responsible for purchasing or maintaining any required third-party license identified for its use.

10. Trademark and legal clearance

Design services do not include legal advice, a trademark availability opinion, or a guarantee of registration. Similar marks can exist across jurisdictions, industries, and unregistered use. The client is responsible for deciding whether to conduct clearance searches and obtain legal advice before adopting, registering, or investing in a name, logo, slogan, or other identifier.

Nexaliq Identity may perform ordinary visual research for creative differentiation, but that research is not a substitute for a professional trademark search.

11. Portfolio use and confidentiality

Unless a project document provides otherwise, Nexaliq Identity may identify the client and display approved, publicly launched final work for portfolio, award, educational, and self-promotional purposes after public release. Confidential business information and unpublished client materials will not be intentionally disclosed.

A client requiring embargo, anonymity, or broader confidentiality must request it before acceptance so the requirement can be included in writing. Existing legal duties and mutually signed confidentiality terms remain controlling.

12. File delivery and storage

Final files are delivered in the formats stated in the scope. Not every format, source file, working file, or software-native document is included. The client should download, inspect, and securely back up delivered files.

Nexaliq Identity may retain project records for business, legal, and archival purposes but does not promise indefinite storage or future replacement of files. Color and appearance may vary between displays, browsers, office printers, commercial printing processes, materials, and production vendors.

13. Warranties and professional standard

Nexaliq Identity will perform the agreed services with reasonable professional care. Except for that commitment and any non-waivable rights, services and deliverables are provided without guarantees of a particular commercial outcome, audience response, sales increase, financing result, registration outcome, or uninterrupted compatibility with every future technology.

The client’s sole remedy for a material failure to provide an agreed deliverable is reasonable correction, re-performance where appropriate, or another remedy required by applicable law.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost opportunity, loss of goodwill, or business interruption, arising from the services. Nexaliq Identity’s aggregate liability relating to a project will not exceed the amount actually paid for the affected project, except where a limitation is prohibited by law or the loss results from conduct that cannot lawfully be limited.

15. Suspension and termination

Either party may terminate according to the project document and Cancellation & Refund Policy. Nexaliq Identity may pause or terminate work for nonpayment, prolonged client inactivity, abusive conduct, unlawful requests, misuse of work, infringement concerns, or a material breach that is not reasonably cured after notice.

Upon termination, the client must pay for completed work and approved non-cancellable costs. Rights not yet transferred remain with their existing owner. Provisions concerning payment, intellectual property, confidentiality, disclaimers, liability, dispute resolution, and recordkeeping survive as appropriate.

16. Independent contractor and no exclusivity

Nexaliq Identity performs services as an independent contractor. Nothing creates employment, partnership, joint venture, fiduciary duty, or agency authority. Unless written exclusivity is expressly purchased, Nexaliq Identity may serve other clients, including businesses in similar fields, while protecting confidential information and avoiding unauthorized copying.

17. Governing law and complete agreement

These Terms and the project documents are governed by Kentucky law and applicable federal law. Unless applicable law requires otherwise, disputes will be handled in a court of competent jurisdiction serving Daviess County, Kentucky. The parties should first attempt good-faith informal resolution.

These Terms, the accepted project document, and incorporated policies form the complete agreement for the relevant services and replace prior discussions about the same scope. A waiver or amendment must be in writing. If a provision is unenforceable, the remaining provisions continue.