Terms of Service

Last Updated: [03/10/2024]

1. Acceptance of Terms:

By accessing or using any services provided by Brooks Design, including but not limited to design consultations, project execution, and collaboration through our client portal, you agree to comply with and be bound by the following Terms of Service. If you do not agree to these terms, please refrain from using our services.

2. Scope of Services:

Brooks Design provides design and creative services, including but not limited to graphic design, web design, user interface/user experience (UI/UX) design, and branding.
The scope of services for each project will be detailed in a project contract or agreement.

3. Communication and Collaboration:

Clients will collaborate with Brooks Design through agreed-upon communication channels, including email, virtual meetings, and our dedicated client portal.
To prevent project delays, prompt feedback is encouraged within 24-48 hours, accompanied by specific and actionable notes. Failure to provide timely and constructive feedback may lead to project timeline delays, for which Brooks Design bears no responsibility.

4. Project Timelines and Deliverables:

Project timelines and deliverables will be outlined in a project contract.
Any changes to project timelines or deliverables must be mutually agreed upon and documented in writing.

5. Service Plan Definitions and Guidelines:

Task: A discrete and specific deliverable intended to achieve a defined outcome or result, which may include but is not limited to minor design revisions, content updates, or simple graphic creations. Tasks are intended to be small-scale and generally completed within a short timeframe.
Project: A comprehensive and multifaceted undertaking comprised of two or more tasks, designed to achieve a significant milestone or objective, such as the development of a new website, brand identity creation, or large-scale design overhaul. Projects involve more extensive planning, coordination, and execution compared to individual tasks.
Maintenance Plan: Designed for ongoing upkeep and minor enhancements to existing projects or platforms. The Maintenance plan encompasses an unlimited number of requests for tasks per month, typically focused on routine maintenance, content updates, or minor design tweaks. Tasks included in the Maintenance plan should be reasonably sized and aligned with the ongoing support needs of the client.
Full Service Plan: Tailored for clients seeking comprehensive design solutions and support for larger-scale initiatives. The Full Service plan includes unlimited requests for both projects and tasks, providing clients with access to a broad range of design services and capabilities. Projects within the Full Service plan are more substantial in scope and complexity, requiring significant time and resources for successful completion.
"Unlimited requests" pertains to clients' ability to queue tasks to be completed without restriction. Brooks Design makes no commitment to unrestricted work completion within a month. Both plans allow for a maximum of two requests to be actively worked on concurrently. Clients may modify the order or priority of requests as needed, through written notification.‍
Limitations and Discretion: Brooks Design reserves the right to determine the appropriateness of tasks and projects included in each plan, with final discretion on whether a specific task exceeds the scope of each plan. Tasks deemed excessively complex or resource-intensive may require upgrading to the Full Service plan or initiation of a separate fixed project. Brooks Design will communicate openly and transparently with clients regarding any potential limitations or adjustments to their service plan.

6. Billing and Payment:

Brooks Design's standard billing term is 14 days.
Clients agree to the payment terms outlined in each project contract.
Late payment may result in penalties, as outlined in each contract.

7. Intellectual Property:

Clients retain ownership of their pre-existing intellectual property.
Upon full and timely payment, clients receive full rights to the final project deliverables.
Brooks Design reserves the right to display completed projects on the company site under password protection. Clients may opt-out at any time through written notification.

8. Revisions and Rejections:

Clients are entitled to three rounds of revisions unless otherwise indicated in the contract.
In the event of project rejection after work commences, the client incurs the cost of work completed up to that point, as determined by Brooks Design, in addition to a termination fee. Further details about this policy will be outlined in each project contract.

9. Discounts and Refunds:

A 10% discount on a single future project is extended to clients who successfully refer new customers to Brooks Design, and to each new customer's initial project. This discount may be utilized indefinitely, and is restricted to one project discount per new customer referred.
A 10% discount is offered to clients committing to 2 or more projects simultaneously, applicable exclusively to the combined project.
A 30% discount is available to accelerator cohorts incorporating Brooks Design's services. This discount is applicable throughout the accelerator program, converting to a 10% lifetime discount post-accelerator.
No further discounts, negotiations, or exceptions may be entertained.
Due to the bespoke nature of our work, Brooks Design does not offer refunds. In cases of client dissatisfaction, we strive to rectify the situation on a case-by-case basis.

10. Hours of Operation:

Brooks Design maintains regular hours of operation between 11am and 7pm EST Monday-Friday, excluding national holidays.
Brooks Design reserves the right to be temporarily unavailable on any given day, for any duration, with prior notification to clients.
Any tasks that require attention outside of standard operating hours due to short notice, urgency, or any other prompting on the part of the Client, will be billed at an overtime rate of 1.5x our standard rate. We will always notify clients before beginning overtime work.
For emergencies or urgent work, clients may email molly@brooksdesign.io with [URGENT] in the subject line, and we will do our best to help within a timely fashion.

11. Termination of Services:

Either party may terminate services in writing if the other party breaches the terms of the agreement.
Termination fees may apply based on the project contract. Further details about this policy will be stipulated in each project contract.

12. Dispute Resolution:

Any disputes will be resolved through negotiation and mediation.
In the event mediation is unsuccessful, the dispute may be escalated to legal action.

13. Limitation of Liability:

Brooks Design is not liable for any indirect, incidental, special, or consequential damages.
Brooks Design's liability is limited to the fees paid for the specific project.

14. Changes to Terms:

Brooks Design reserves the right to modify these Terms of Service at any time.
Clients will be notified of changes, and continued use of our services constitutes acceptance of the modified terms.

15. Governing Law:

These Terms of Service are governed by and construed in accordance with the laws of the state of Massachusetts.

16. Contact Information:

For any questions or concerns regarding these Terms of Service, please contact us at molly@brooksdesign.io.

By using our services, you acknowledge that you have read, understood, and agree to these Terms of Service.

Molly Brooks, Founder, Brooks Design