Welcome to Mustterd Designs ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, design services, custom projects, and deliverables (collectively, the "Services").
By accessing our website, hiring us for design work, or submitting a payment, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Scope of Services & Project Work
- Proposals & Quotes: Project scope, timelines, fees, and specific deliverables will be outlined in a separate proposal, invoice, or scope of work ("SOW") provided to you ("Client").
- Client Obligations: The Client agrees to provide clear, timely feedback, required assets (e.g., brand guidelines, images, copy), and approvals. Delays in providing materials or feedback may delay project completion dates.
2. Payments, Pricing & Billing
- Payment Processor: All payments are securely processed through Stripe. By submitting payment information, you authorize us (via Stripe) to charge the agreed-upon amounts.
- Payment Terms: Deposits or initial payments may be required before work begins as specified in your project proposal. Final deliverables will only be released upon receipt of full payment.
- Refunds: Due to the custom, labor-intensive nature of design work, all payments and deposits are non-refundable once work has commenced (defined as contract execution, initial kickoff, or receipt of project assets). If Mustterd Designs is unable to complete the project due to unforeseen circumstances, a pro-rated refund will be issued based on the remaining uncompleted work, unless otherwise agreed upon in writing.
3. Intellectual Property & Ownership
- Pre-Payment Ownership: Mustterd Designs retains all ownership and copyright of all design drafts, concepts, and final deliverables until the Client pays the full balance owed.
- Post-Payment Transfer: Upon receipt of final payment, ownership and copyright of the final approved deliverables transfer to the Client for their intended use.
- Unused Concepts: Unused design concepts, preliminary sketches, and drafts remain the exclusive intellectual property of Mustterd Designs.
- Portfolio Rights: Unless covered by a signed Non-Disclosure Agreement (NDA), Mustterd Designs reserves the right to display the completed work and project outcomes in our portfolio, website, and promotional materials.
4. Revisions & Scope Changes
- Included revisions are detailed in your specific project proposal or agreement.
- Any requests for major structural changes, additional assets, or revisions beyond the agreed-upon scope will incur additional fees at our standard hourly or fixed project rate.
5. Third-Party Tools & Hosting
- We may recommend or integrate third-party platforms, hosting providers, or software (e.g., Stripe, Shopify, Webflow, custom plugins).
- Mustterd Designs is not responsible for the performance, downtime, security, or policy changes of third-party platforms or services.
6. Limitation of Liability
To the maximum extent permitted by applicable law, Mustterd Designs shall not be liable for any indirect, incidental, consequential, special, or punitive damages—including loss of profits, revenue, data, or business opportunities—arising out of or related to your use of our Services, site, or design deliverables.
7. Termination
- Either party may terminate a project by providing written notice if the other party breaches these Terms or fails to meet contractual obligations.
- In the event of termination prior to project completion, the Client agrees to pay Mustterd Designs for all billable hours worked and work completed up to the date of termination.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.
9. Changes to These Terms
We reserve the right to modify these Terms at any time. Updated versions will be posted on our website with a revised "Last Updated" date. Continued use of our Services after changes are posted constitutes acceptance of the updated Terms.
Mustterd Designs