Terms of Service

Last Updated: December 22, 2025

Welcome to Hesadu Graphics Works. These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing, browsing, or using the Hesadu Graphics Works website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.

2. Services Description

Hesadu Graphics Works provides digital design and development services, including but not limited to:

• Website design and development
• Graphic design and branding
• UI/UX design services
• Digital content creation
• Web application development
• Consulting and strategy services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. User Accounts

3.1 Account Creation

To access certain features of our services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Account Restrictions

You must be at least 18 years old to create an account. You may not use another person's account without permission or create multiple accounts.

4. Project Scope and Deliverables

4.1 Project Agreement

All projects begin with a written agreement or contract that outlines:

• Scope of work and deliverables
• Timeline and milestones
• Payment terms and schedule
• Revision policy
• Acceptance criteria

4.2 Changes to Project Scope

Any changes to the agreed project scope must be documented in writing and may result in adjustments to timeline and fees. Additional work beyond the original scope will be billed separately.

5. Payment Terms

5.1 Pricing and Fees

All prices are quoted in USD unless otherwise specified. Fees are based on the project scope and may include:

• Design and development fees
• Licensing fees for third-party resources
• Hosting and maintenance fees (if applicable)
• Rush or expedited service fees

5.2 Payment Schedule

Standard payment terms require:

• Deposit: 50% upfront payment to commence work
• Milestone Payments: As outlined in project agreement
• Final Payment: Due upon project completion before final delivery

5.3 Late Payments

Late payments may incur a fee of 1.5% per month (18% annually) on the outstanding balance. We reserve the right to suspend work on projects with overdue payments.

5.4 Refund Policy

Deposits are generally non-refundable once work has commenced. Refunds for completed work are evaluated on a case-by-case basis. Please refer to your project agreement for specific refund terms.

6. Intellectual Property Rights

6.1 Ownership of Deliverables

Upon full payment, you will own the final deliverables as specified in the project agreement. This includes:

• Custom designs created specifically for your project
• Source files (as agreed in the contract)
• Final production files

6.2 Third-Party Resources

Some deliverables may incorporate third-party resources (fonts, stock images, plugins, etc.). You are responsible for:

• Obtaining necessary licenses for third-party resources
• Complying with license terms and restrictions
• Paying any associated licensing fees

6.3 Portfolio Rights

We retain the right to display completed projects in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.

6.4 Pre-existing IP

We retain ownership of any pre-existing intellectual property, tools, frameworks, and templates used in creating your project.

7. Revisions and Modifications

Each project includes a specified number of revision rounds as outlined in the project agreement:

• Standard: 2-3 rounds of revisions included
• Revision Scope: Minor changes and adjustments to approved concepts
• Additional Revisions: Billed hourly beyond included rounds
• Major Changes: Changes to approved concepts may be treated as new work

8. Project Timeline and Delays

We strive to meet all agreed-upon deadlines. However, timelines are estimates and may be affected by:

• Delays in client feedback or approvals
• Scope changes or additions
• Technical complications
• Force majeure events

We will communicate any anticipated delays promptly and work to minimize impact on project completion.

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that:

• Services will be performed in a professional manner
• Deliverables will substantially conform to agreed specifications
• We have the right to provide the contracted services

9.2 Disclaimer of Warranties

Except as expressly stated, our services are provided "as is" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Specific results or outcomes

10. Confidentiality

Both parties agree to:

• Maintain confidentiality of proprietary information
• Use confidential information only for project purposes
• Implement reasonable security measures
• Return or destroy confidential materials upon request

This obligation survives termination of the agreement.

11. Termination

11.1 Termination by Client

You may terminate a project at any time by providing written notice. Upon termination:

• You remain responsible for payment of all completed work
• Deposits are non-refundable
• You will receive deliverables completed up to the termination date
• Any outstanding payments become immediately due

11.2 Termination by Hesadu

We may terminate a project if:

• You breach these Terms or project agreement
• Payments are more than 30 days overdue
• You fail to provide necessary materials or feedback
• The project becomes impractical or impossible to complete

12. Indemnification

You agree to indemnify and hold harmless Hesadu Graphics Works from any claims, damages, losses, or expenses arising from:

• Your use of our services or deliverables
• Content you provide for the project
• Your breach of these Terms
• Your violation of any third-party rights

13. Acceptable Use Policy

You agree not to use our services to:

• Create illegal, harmful, or offensive content
• Infringe on intellectual property rights
• Distribute malware or engage in hacking
• Violate any applicable laws or regulations
• Impersonate others or provide false information

14. Website Hosting and Maintenance

If we provide hosting or maintenance services:

• Uptime: We strive for 99.9% uptime but cannot guarantee uninterrupted service
• Backups: Regular backups are performed, but you should maintain your own backups
• Updates: Security and software updates are applied regularly
• Support: Technical support is provided as outlined in your agreement

15. Third-Party Services

Our services may integrate with third-party platforms and tools. We are not responsible for:

• Third-party service availability or performance
• Changes to third-party APIs or services
• Third-party pricing or policy changes
• Data security on third-party platforms

16. Dispute Resolution

16.1 Informal Resolution

In the event of any dispute, both parties agree to first attempt resolution through good-faith negotiation.

16.2 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules, rather than in court.

16.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Hesadu Graphics Works operates, without regard to conflict of law provisions.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes constitutes acceptance of the modified Terms. We will notify clients of material changes via email when possible.

18. 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, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with any project agreements and our Privacy Policy, constitute the entire agreement between you and Hesadu Graphics Works and supersede all prior agreements and understandings.

20. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or government actions.