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Terms and Conditions

Introduction

These terms and conditions govern the provision of services by Viral Media Ltd. to clients engaging with platforms such as Shopify, WordPress, Wix, and similar website-building platforms, as well as graphic design, video, and photo production and editing services. By engaging the Agency's Services, the client agrees to be bound by these terms and conditions.

Scope of Services

2.1. The Agency will provide design, development, maintenance, and other related services on the client's chosen Platform(s) as specified in the project agreement.

2.2. The Agency may also provide video and photo production and editing services, as well as graphic design services, with deliverables confirmed in advance. Any additional services requested by the client beyond the scope of the initial agreement will be subject to additional charges and will require a separate agreement.

2.3. Logo Design: Our logo design services include concept creation, revisions as per the project agreement, and delivery of finalized logo files. This does not include licensing for fonts, stock images, or other third-party elements incorporated into the design. Any additional work such as licensing or trademarking is not included in our fee and will require separate arrangements made directly by the client.

Responsibilities of the Agency

3.1. The Agency will use reasonable skill and care in the provision of the Services.

3.2. The Agency will not assume responsibility for the performance, functionality, or security of the Platform(s) itself, including but not limited to Shopify, WordPress, Wix, or any third-party plugins or extensions used on the Platform(s).

3.3. The Agency will not be liable for any issues arising from changes made by the Platform provider(s), including updates, maintenance, or modifications to the Platform(s) or its features.

Client Responsibilities

4.1. The client is responsible for providing all necessary access credentials and permissions for the Agency to perform the Services on the Platform(s).

4.2. The client is responsible for the accuracy and legality of all content provided for inclusion on the Platform(s), including but not limited to text, images, videos, and any other multimedia elements.

4.3. The client is responsible for maintaining backups of their website and data. The Agency will not be liable for any loss of data or content on the Platform(s).

Fees and Payment

5.1. The client agrees to pay the Agency the fees as outlined in the project agreement.

5.2. Fees for additional services or changes requested by the client beyond the scope of the initial agreement will be invoiced separately.

5.3. Payment terms will be as specified in the project agreement. Failure to pay invoices within the specified timeframe may result in suspension of Services until payment is received.

Logo Design Terms and Intellectual Property

6.1. Scope and Ownership: Our logo design services include only the creation of original graphic assets as specified in the project agreement. The client will receive usage rights to the final logo files upon full payment; however, this does not include ownership or licensing rights to any fonts, stock images, or other third-party elements used in the design. The client must obtain the necessary licenses for any third-party resources.

6.2. Trademarking and Legal Clearances: The Agency does not provide trademark searches, legal clearances, or assurances that the logo design does not infringe upon existing trademarks. It is the client’s sole responsibility to conduct these verifications and seek trademark registration if desired.

6.3. Limitation of Liability for Similarities: While we strive to create unique concepts, we cannot guarantee exclusivity or that the design will not resemble other existing logos, given current design trends and industry overlap. Viral Media Ltd. shall not be held liable for any claims arising from similarities to other logos or designs.

6.4. Final Delivery: The final logo files will be provided in the agreed-upon formats, typically including .AI, .PNG, and .JPEG. Any additional requests for file formats or alternate versions may incur additional fees.

 

Confidentiality

7.1. Both parties agree to keep confidential any information shared during the provision of the Services, including but not limited to business plans, financial information, and proprietary technology.

 

Termination

8.1. Either party may terminate the agreement with written notice if the other party breaches any material term of the agreement and fails to remedy the breach within 30 days of receiving written notice.

8.2. In the event of termination, the client will be responsible for payment of any outstanding fees for Services provided up to the date of termination.

 

Limitation of Liability

9.1. The Agency will not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the provision of the Services, including but not limited to lost profits, loss of data, or business interruption.

 

9.2. The total liability of the Agency for any claim arising out of or in connection with the provision of the Services, whether in contract, tort, or otherwise, will not exceed the total fees paid by the client to the Agency for the Services under the project agreement.

Governing Law and Jurisdiction

10.1. These terms and conditions will be governed by and construed in accordance with the laws.

10.2. Any disputes arising out of or in connection with these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ireland.

Service Commitments

18.1. These terms and conditions represent the service commitments of Viral Media Ltd. and do not require a signature for them to be effective.

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