Terms & conditions
Last Updated: October 2024
This Terms of Service Agreement (the “Agreement”) constitutes a legally binding agreement between Provision Dept., owned and operated by Jevin Ramsey (“Provision Dept.,” “I,” or “me”), and the client, whether personally or on behalf of an entity (“Client”), regarding access to and use of Provision Dept.’s website (the “Website”) and any services provided through my subscription-based design service (the “Services”).
By subscribing to or using my Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.
1. Ownership of Work
All original design work created for you through an active subscription (“Projects”) is fully owned by you once final payment has been made. Provision Dept. retains no rights to completed work except for the limited right to showcase designs in portfolios, social media, or marketing materials unless otherwise agreed in writing (see Section 12).
2. Subscription Service Model
Provision Dept. operates on a subscription basis. While subscribed, you may request design projects as outlined in your chosen subscription tier. Work is completed in order of submission and turnaround times may vary depending on project complexity.
3. No Refund Policy
Due to the nature of a creative subscription service, all payments are non-refundable. By subscribing, you acknowledge that you are purchasing access to my time, expertise, and creative output during the subscription period, regardless of the number of requests submitted or completed.
Canceling your subscription stops future billing, but does not entitle you to refunds for past payments. Disputed charges or chargebacks for completed billing periods will be contested.
4. Client Responsibilities
You agree that any materials, content, or assets you provide (such as logos, fonts, images, or copy) do not infringe upon the rights of third parties. You are solely responsible for securing proper licenses for any third-party materials you wish to include in your projects.
5. Prohibited Use
You agree not to misuse the Services or Website. Prohibited activities include, but are not limited to:
• Using the Services for unlawful purposes.
• Attempting to reverse-engineer or exploit my process.
• Submitting abusive, offensive, or illegal content for design work.
6. Communication
Most communication will occur through email, project management platforms, or other agreed-upon channels. Timely responses are necessary to keep projects on schedule. Delays in client responses may result in project delays.
7. Service Availability
I strive to provide consistent and reliable service, but I cannot guarantee uninterrupted access to the Website or Services due to technical issues, maintenance, or events outside my control.
8. Payment & Billing
All payments are processed securely through Stripe or other approved processors. By subscribing, you authorize Provision Dept. to charge your payment method on a recurring basis until canceled. It is your responsibility to manage and update your billing information.
9. Limitation of Liability
Provision Dept. will not be liable for any indirect, incidental, special, or consequential damages (including lost profits or data) arising out of or in connection with the Services. My liability is limited to the amount you paid during the subscription period in which the claim arose.
10. Indemnification
You agree to indemnify and hold harmless Provision Dept. from any claims, damages, or expenses arising from your misuse of the Services, violation of these Terms, or use of unlicensed third-party materials.
11. Electronic Communications
By using the Services, you consent to receive communications electronically. This includes agreements, notices, and other information. Electronic communications satisfy any legal requirements for written communication.
12. Showcasing Work
Provision Dept. reserves the right to showcase completed work publicly (in portfolios, websites, or social channels) unless a separate Non-Disclosure Agreement (NDA) has been signed.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of laws principles.
14. Entire Agreement
These Terms, along with any policies posted on the Website, constitute the entire agreement between you and Provision Dept. No waiver or failure to enforce any provision shall affect the validity of the remaining Terms.
15. Contact Information
For questions about these Terms or the Services, please contact:
Provision Dept.
Email: [email protected]
Phone: (937) 607-7289