terms of service

1. acceptance of terms

By accessing and using the services provided by prism agency ("we," "our," or "us") through our website design-prism.com, you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our services following any changes constitutes your acceptance of the new Terms.

2. services description

prism agency provides various digital services including but not limited to:

• Website design and development
• Mobile application development
• Digital marketing and SEO services
• Graphic design and branding
• AI-powered digital solutions
• Ongoing maintenance and support

The specific scope of services will be outlined in individual project agreements or statements of work.

3. client responsibilities

As a client, you agree to:

• Provide accurate and complete information necessary for project completion
• Respond to requests for feedback or approval in a timely manner
• Ensure all content provided does not infringe on third-party rights
• Make payments according to the agreed schedule
• Maintain confidentiality of any login credentials provided

4. payment terms

payment structure

Payment terms will be specified in individual project agreements. Standard terms include:

• 50% deposit upon project commencement
• 50% balance upon project completion
• Monthly billing for ongoing services
• Net 30 payment terms unless otherwise specified

late payments

Late payments may incur a fee of 1.5% per month or the maximum allowed by law. We reserve the right to suspend services for accounts that are more than 30 days overdue.

refund policy

Refunds are evaluated on a case-by-case basis. Work already completed is non-refundable. Deposits may be refundable if the project has not commenced, subject to a processing fee.

5. intellectual property

ownership

Upon full payment, you will own the final deliverables created specifically for your project. We retain the right to use general methodologies, concepts, and know-how developed during the project.

portfolio rights

We reserve the right to display completed work in our portfolio and marketing materials unless specifically agreed otherwise in writing.

third-party materials

Any third-party materials (stock photos, fonts, plugins, etc.) are subject to their respective licenses. You are responsible for ongoing licensing fees for such materials.

6. confidentiality

Both parties agree to maintain the confidentiality of any proprietary information received during the course of the business relationship. This obligation survives the termination of these Terms.

7. warranties and disclaimers

service warranty

We warrant that our services will be performed in a professional and workmanlike manner. We will correct any defects in our work at no additional charge for a period of 30 days after delivery.

disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. limitation of liability

IN NO EVENT SHALL PRISM AGENCY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the amount paid by you for the specific service giving rise to the claim.

9. indemnification

You agree to indemnify, defend, and hold harmless prism agency, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms
• Your use of our services
• Content you provide that infringes third-party rights
• Your violation of applicable laws or regulations

10. termination

Either party may terminate the service relationship with 30 days written notice. Upon termination:

• You must pay for all work completed up to the termination date
• We will deliver all completed work and work in progress
• All licenses for third-party materials must be transferred or terminated
• Confidentiality obligations remain in effect

11. force majeure

Neither party shall be liable for any delay or failure to perform due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service interruptions.

12. dispute resolution

Any disputes arising from these Terms shall first be addressed through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13. governing law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which prism agency is registered, without regard to conflict of law principles.

14. entire agreement

These Terms, together with any project agreements or statements of work, constitute the entire agreement between you and prism agency. Any modifications must be made in writing and signed by both parties.

15. severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. contact information

For questions about these Terms of Service, please contact us at: