TERMS & CONDITIONS

Welcome to The Visual Archive ("we," "us," "our"). These Terms and Conditions ("Terms") govern your access to and use of our services, including website development, branding, marketing, and design services ("Services"). By using or accessing our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

1. Services

The Visual Archive provides a range of services including, but not limited to, website development, branding, marketing, social media management, and digital illustration ("Services"). All services will be provided as per the details agreed upon in the contract or scope of work for each individual project.

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2. Acceptance of Terms

By accessing or using our Services, you confirm that you are legally able to enter into contracts. You must be at least 18 years old to use our Services.

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3. Client Responsibilities

• Content Provided by Client: You are responsible for providing any content, including text, images, logos, videos, and other materials, needed for the completion of the Services. You confirm that you have the right to use these materials.

• Accurate Information: You must provide accurate and up-to-date information. We are not liable for any errors or delays resulting from incorrect or outdated information.

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4. Payment Terms

• Fees: The cost for our Services will be specified in the project proposal or contract. All fees are exclusive of taxes, which will be charged as applicable.

• Invoices: Invoices will be issued according to the payment schedule set forth in the contract. Payments must be made by the due date specified on the invoice.

• Late Payments: If payment is not made by the due date, we reserve the right to charge a late fee of [insert late fee percentage] per month or suspend the Services until payment is made.

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5. Intellectual Property

• Ownership: Upon full payment, you will own the final deliverables, including designs, websites, or branding assets. We retain the right to display any project for promotional purposes.

• Licenses: We grant you a non-exclusive, transferable license to use the delivered work for the intended purposes outlined in the project scope.

• Third-Party Materials: Any third-party materials used in the project are licensed and may be subject to separate terms. You are responsible for adhering to those terms.

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6. Confidentiality

Both parties agree to keep all confidential information shared during the course of the project private and not disclose it to any third party without prior consent. This obligation will survive the termination of the contract.

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7. Limitation of Liability

To the fullest extent permitted by law, The Visual Archive shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our Services or any errors in the work provided.

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8. Termination

Either party may terminate the agreement if the other party breaches a material term of the contract and fails to remedy the breach within 14 days of receiving written notice. Upon termination, you are responsible for paying for any work completed up to the termination date.

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9. Dispute Resolution

In the event of a dispute, both parties agree to attempt to resolve the issue through mediation before pursuing legal action. Any legal matters will be governed by the laws of the State of New York, United States, and any legal action will be filed in the courts of New York County, New York, unless otherwise agreed upon by both parties.

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10. Changes to Terms and Conditions

We reserve the right to modify or update these Terms at any time. Any changes will be posted on our website, and the updated version will become effective immediately upon posting. By continuing to use our Services after any changes, you agree to be bound by the updated Terms.