Last updated: Apr 28, 2025 9:5324 AM
Please read these Terms of Service carefully. These Terms govern your access to and use of this Website, provided by Elegance & Strength (“us,” “we,” “our”), and include important limitations of our liability. These Terms apply to all visitors, users, and others who access or use this Website or engage in our services.
By accessing or using this Website or services, you agree to be bound by these Terms. If you do not agree, you are not permitted to use our Website or services.
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Our Offers and Pricing
We provide branding, creative direction, website design services, and digital products. Prices listed on the Website include applicable taxes unless otherwise noted and are subject to change without notice.
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Purchases
Purchases are processed by Stripe, a third-party payment processor. We are not responsible for their handling of your information.
Accepted methods: American Express, Discover, MasterCard, Visa.
You represent and warrant:
• You are authorized to use the provided payment method.
• All billing info provided is accurate and complete.
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Payments & Fees
• All payments are non-refundable.
• A 50% deposit is required before work begins.
• Remaining 50% is due before final deliverables.
• Monthly retainers require a valid card on file for automatic billing.
• Payment plans require a card on file for scheduled payments.
• No files or access will be released until fully paid.
• Non-payment may result in service suspension and legal recovery of owed amounts.
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Retainers & Hourly Work
• Retainers: 6-month minimum commitment.
• Hours are locked in, unused hours don’t roll over.
• You can increase, but not decrease, hours until after 6 months.
• Cancellation requires 30-day written notice after initial term.
• Hourly rate: $150/hour.
• Additional hours billed at the same rate with prior notice.
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Project Pausing & Closure
• Lack of client communication for 15+ days = $150 reactivation fee.
• 30+ days of no communication = project closed. Work delivered as-is, no refunds.
• Resuming requires new contract, possible price changes.
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Project Timeline
• Timely client feedback is essential.
• Client delays may cause timeline extensions or fees.
• We ensure clear communication about any delays on our end.
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Revisions & Scope
• Each project includes 1 rounds of revisions.
• Additional revisions beyond the included rounds will be billed at $150/hour.
• Any requests that require major changes or starting over from the original direction will be considered outside the original scope and will require a new agreement or additional fees.
• Once a direction or concept has been approved, starting over is not included in the original pricing.
Please note: A request to start over with a completely new concept, direction, or strategy after initial work has begun is treated as a new project and will incur additional charges.
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Final Deliverables
• Provided only after full payment.
• Third-party services (e.g., Showit hosting, domain, email platforms) are the client’s responsibility.
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Confidentiality & Usage
• Content/designs are for client use after full payment.
• We may display work in portfolio or social media, unless agreed otherwise in writing.
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Client Responsibility & Liability Disclaimer
• The client acknowledges and agrees that they are solely responsible for the content, compliance, and legal requirements of their website.
• Elegance & Strength provides design and branding services, but does not offer legal advice or guarantee compliance with laws such as ADA (Americans with Disabilities Act), GDPR, privacy regulations, or any other legal or accessibility standards.
• The client is responsible for ensuring their website complies with any applicable laws, accessibility standards, or industry-specific regulations.
• Elegance & Strength is not liable for any legal claims, disputes, damages, or losses arising from the client’s failure to comply with such regulations or from any third-party claims, including but not limited to accessibility lawsuits, copyright issues, or privacy violations.
• The client agrees to indemnify and hold harmless Elegance & Strength from any legal actions, claims, or expenses (including attorney’s fees) that arise as a result of the client’s use of the website, failure to comply with legal requirements, or any third-party disputes related to their site.
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Client Responsibility & Liability Disclaimer
• The client is solely responsible for their website’s legal compliance, including but not limited to ADA, GDPR, and any privacy laws.
• Elegance & Strength provides design and branding services only and does not guarantee legal compliance.
• The client agrees to indemnify and hold harmless Elegance & Strength from any claims, legal actions, or disputes arising from their website or failure to comply with laws.
• The client is responsible for any third-party claims, including lawsuits related to website accessibility, copyright, or other legal matters.
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Cancellation & Refund Policy
• Cancel before service starts = full refund.
• Refund requests accepted within 7 days of purchase and before work begins.
• After work starts: No refunds.
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No Warranty on Purchases
• All services/products are provided “as is.”
• No warranties, express or implied, apply.
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Remedies
Remedies are limited to:
• Price reduction.
• Rejection of services/products.
• Disputes handled per Governing Law section.
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Subscriptions & Renewals
• Cancel via:
eleganceandstrength@gmail.com
208-608-9306
• 30 days’ notice required before renewal.
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Content Submissions
By submitting content, you:
• Grant Elegance & Strength a perpetual, royalty-free license to use it.
• Confirm it doesn’t contain confidential info, violate laws, or infringe on others’ rights.
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Prohibited Content & Uses
• No harassment, discrimination, offensive, pornographic, or illegal content.
• No malware, spam, or unauthorized advertising.
• No impersonation or attempts to disrupt the Website.
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Third-Party Links
We are not responsible for external websites linked here.
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Intellectual Property & DMCA
All content is ©2025 Elegance & Strength. All rights reserved.
For DMCA claims, contact:
eleganceandstrength@gmail.com
208-608-9306
225 S. Linder Rd, Eagle, Idaho 83616
Include:
• Your signature.
• Description of your work.
• URL of the infringing content.
• Contact info.
• Statement of good faith.
• Statement under penalty of perjury of your authority.
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Limitation of Liability
• Elegance & Strength is not liable for direct, indirect, incidental, or consequential damages.
• If liability is found, it will not exceed the fees you paid.
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Indemnity
You agree to defend, indemnify, and hold harmless Elegance & Strength from claims or damages arising from:
• Your misuse of the Website.
• Your breach of these Terms.
• Your violation of any law or third-party rights.
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Governing Law, Severability, & Disputes
• Governed by Idaho law.
• Disputes resolved in ADA County, Idaho.
• No class actions.
• If any provision is invalid, the rest remain in effect.
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Legal Protection
• Elegance & Strength is not responsible for delays caused by third-party platforms or events beyond our control.
• These terms are governed by the laws of the State of Idaho.
• Any disputes will first be addressed through good faith discussion. If unresolved, both parties agree to mediation before pursuing legal action.
• In the event of any legal action, the client agrees to pay all reasonable legal fees, court costs, and attorney’s fees incurred by Elegance & Strength in enforcing these terms.
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Changes to Terms
We may change these Terms at any time without notice.
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Contact Us:
eleganceandstrength@gmail.com
208-608-9306
225 S. Linder Rd, Eagle, Idaho 83616