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terms & conditions

1. Acceptance of Terms:

1.1 By entering into a business relationship with ELM Media Design, the client hereby acknowledges having read, understood, and expressly agreed to be bound by the terms and conditions outlined herein.

1.2 These terms and conditions may be updated from time to time, and the client is responsible for reviewing the latest version on the ELM Media Design website or by contacting ELM Media Design directly.

2. Services and Deliverables:

2.1 ELM Media Design agrees to provide the client with the services and deliverables as outlined in the detailed project proposal, mutually agreed upon by both parties. Any modifications or additions to the scope of work will require a formal written amendment to the project proposal.

2.2 The client acknowledges that delays in project completion may occur if there are changes in the scope, feedback is not provided in a timely manner, or if there are unforeseen circumstances.

2.3 ELM Media Design reserves the right to subcontract services, or engage third-party contractors or freelancers, as needed to complete the project successfully.

3. Payment Terms:

3.1 The client agrees to the payment terms specified in the project proposal. A non-refundable deposit may be required before the commencement of any work.

3.2 Full payment is due upon completion of the project or as stipulated in the project agreement. Late payments may incur interest charges and could result in a pause or termination of the project until full payment is received.

3.3 In the event of termination, the client agrees to pay for all work completed up to the termination date, including any non-cancelable third-party expenses incurred by ELM Media Design.

4. Project Timeline:

4.1 ELM Media Design will provide the client with an estimated timeline for project completion, based on the project proposal and scope of work.

4.2 The client agrees to provide timely feedback, approvals, and any required materials. Delays caused by the client may result in an extension of the project timeline and additional charges.

4.3 ELM Media Design will make reasonable efforts to meet project deadlines, but no guarantees are made regarding the exact delivery date.

5. Revisions and Changes:

5.1 The project proposal includes a specified number of revisions. Additional revisions or major changes requested by the client outside the agreed scope may be subject to additional charges.

5.2 ELM Media Design will inform the client in writing of any additional charges before proceeding with extra work not included in the original project proposal.

6. Intellectual Property:

6.1 Upon full payment, the client will have ownership of the final deliverables as outlined in the project proposal.

6.2 ELM Media Design retains the right to showcase the work in its portfolio, marketing materials, and on its website unless otherwise agreed upon in writing.

6.3 ELM Media Design guarantees that any third-party materials used in the project are properly licensed and will not infringe on any intellectual property rights.

6.4 The client grants ELM Media Design the right to use the completed project and any preliminary designs for the purpose of ELM Media Design's portfolio and marketing materials.

7. Confidentiality:

7.1 ELM Media Design agrees to keep all client information confidential, including but not limited to proprietary information, business strategies, and project details.

7.2 The client agrees not to disclose any proprietary information about ELM Media Design's processes, methodologies, or pricing to third parties.

7.3 Both parties agree not to use or disclose each other's confidential information for any purpose other than the execution of the project.

8. Termination:

8.1 Either party may terminate the project with written notice if the other party breaches any material obligation.

8.2 In the event of termination, the client agrees to pay for all work completed up to the termination date, including any non-cancelable third-party expenses incurred by ELM Media Design.

8.3 ELM Media Design reserves the right to terminate the project if the client fails to make payments as outlined in the project proposal.

8.4 Upon termination, the client agrees to return any materials provided by ELM Media Design, and ELM Media Design will provide any completed work for which the client has paid.

9. Force Majeure:

9.1 Neither party will be liable for any delay or failure to perform its obligations due to circumstances beyond its control, such as acts of nature, war, or governmental action.

9.2 In the event of force majeure, both parties agree to negotiate in good faith to find a solution to continue or terminate the project.

9.3 If force majeure causes a delay exceeding 30 days, either party may terminate the project with written notice.

10. Governing Law:

10.1 These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction where ELM Media Design is registered.

10.2 Any disputes arising out of or in connection with these terms and conditions will be resolved through good faith negotiations between the parties.

11. Amendments:

11.1 ELM Media Design reserves the right to amend these terms and conditions at any time.

11.2 Clients will be notified of any changes, and continued engagement implies acceptance of the amended terms.

11.3 Any amendments to the project proposal must be agreed upon in writing by both parties.

By engaging with ELM Media Design, the client acknowledges that they have read, understood, and agree to these comprehensive terms and conditions.

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