These Terms of Service (“Terms”) govern your use of the website at dvacorgraphics.com (the “Site”) and your engagement of D’Vacor Graphics LLC (“D’Vacor,” “we,” “us,” or “our”) for design, branding, printing coordination, and related professional services.

By using the Site, submitting an inquiry, accepting a proposal or estimate, paying an invoice, or completing a purchase through a Stripe Payment Link or other checkout method, you agree to these Terms.

If you do not agree with these Terms, do not use the Site or purchase our services.

1. Business Information

D’Vacor Graphics LLC
Lodi, CA 95242
Phone: 925-325-3166
Email: info@dvacorgraphics.com
Website: https://dvacorgraphics.com

2. Use of the Site

You may use the Site for lawful personal or internal business purposes, including reviewing our services, portfolio, pricing information, and contact details.

You agree not to:

• Use the Site for any unlawful, fraudulent, abusive, or harmful purpose.

• Attempt to interfere with the Site’s operation, security, or underlying systems.

• Copy, resell, sublicense, redistribute, or commercially exploit our designs, templates, files, or Site content without our prior written permission.

• Misrepresent your identity or affiliation with any person or organization.

• Upload or transmit malicious code, spam, or content that infringes another person’s rights.

We may modify, suspend, or discontinue any part of the Site at any time, with or without notice.

3. Services

Descriptions of services, project examples, timelines, and pricing on the Site are informational only and are not guarantees of specific results.

The actual services, deliverables, schedule, revisions, and fees for a project will be set out in a written proposal, estimate, quote, invoice, or service agreement accepted by you and D’Vacor.

A project begins only after both parties agree on the scope, deliverables, schedule, and payment terms. Submitting an inquiry or contact form does not by itself create a project or obligate D’Vacor to perform work.

4. Proposals, Estimates, and Fees

• Proposals and estimates are valid only for the period stated in the proposal or estimate. After that period, pricing, availability, and scope may change.

• Payment terms, including deposits, milestone payments, and final balances, will be stated in the applicable proposal, estimate, invoice, or checkout page.

• Work may be paused or delayed if required payments are not received when due.

• Late payments may result in suspension of work, delay in delivery, or additional administrative fees as stated in the applicable agreement.

• Requests that change the approved scope, deliverables, timeline, or number of revisions may require a revised proposal and additional fees.

5. Payments and Payment Processors

Payments may be processed through Stripe or another third-party payment processor.

By submitting payment, you authorize D’Vacor and the applicable payment processor to charge the payment method you provide for the amount due. You represent that you are authorized to use that payment method.

D’Vacor does not store complete payment-card numbers, card verification codes, or other sensitive payment credentials. Payment information is handled by the applicable payment processor subject to its own terms and privacy practices.

If a payment is declined, reversed, disputed, or charged back, D’Vacor may suspend work, withhold deliverables, or pursue collection of the unpaid amount to the extent permitted by law.

6. Refunds, Deposits, and Cancellations

Deposits, retainers, and payments for work already performed may be nonrefundable.

Refunds, if any, are subject to the terms of the applicable proposal, estimate, invoice, service agreement, or checkout page. Unless otherwise stated in writing:

• Deposits and retainers secure project scheduling and may be nonrefundable once work has begun.

• Custom design work, consulting time, and completed deliverables are generally nonrefundable once work has started or files have been delivered.

• If you cancel a project, D’Vacor may invoice you for work completed, expenses incurred, and nonrefundable deposits up to the cancellation date.

• Digital files, templates, and downloadable materials are nonrefundable once delivered or made available for download, except where required by applicable law.

Nothing in these Terms limits any non-waivable consumer rights that may apply under applicable law.

7. Electronic Acceptance

You agree that any of the following constitutes your electronic signature and acceptance of these Terms and any applicable project terms:

• Checking a box agreeing to these Terms during checkout.

• Submitting payment through a Stripe Payment Link or other checkout method.

• Paying an invoice issued by D’Vacor.

• Replying to a proposal, estimate, or project communication with written approval, including by email.

• Otherwise clearly accepting services or deliverables.

8. Intellectual Property and Licensing

Unless otherwise agreed in writing:

• D’Vacor retains ownership of conceptual sketches, drafts, unused concepts, working files, templates, source files, and underlying artwork.

• Upon full payment, you receive the rights to the final approved deliverables stated in the applicable proposal, invoice, or service agreement.

• Your rights may be limited to a specific purpose, territory, duration, or type of use.

• You may not resell, sublicense, distribute, or reuse design files or templates beyond the uses expressly permitted.

• D’Vacor may display non-confidential completed work in its portfolio and marketing materials, subject to Section 10.

Client-provided materials, including logos, photographs, text, fonts, trademarks, and other content, must be used only with all necessary rights, licenses, and permissions. You represent that you own or have permission to use all materials you provide. You agree to indemnify, defend, and hold harmless D’Vacor from claims, damages, and expenses arising from materials or instructions you provide.

9. Client Responsibilities

You are responsible for:

• Providing timely feedback, approvals, brand assets, and other necessary information.

• Ensuring that your content and instructions do not infringe the rights of others or violate applicable laws.

• Reviewing proofs, drafts, and final deliverables for accuracy before publication, printing, or distribution.

• Backing up any files delivered to you.

Delays in your responses, approvals, or payments may extend project timelines and may result in additional fees.

10. Portfolio, Testimonials, and Confidentiality

With your permission, which may be obtained in writing, by email, or through a project agreement, D’Vacor may use your business name, logo, and completed project work in its portfolio, social media, marketing materials, and on the Site.

D’Vacor may display testimonials or case studies and may edit them for clarity, length, or removal of confidential information.

If you have confidentiality, embargo, or approval requirements, they must be agreed in writing before D’Vacor publicly uses your materials.

11. Disclaimers

The Site and its content are provided “as is” and “as available” without warranties of any kind, except as expressly stated in a signed agreement.

To the fullest extent permitted by law, D’Vacor disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

D’Vacor does not guarantee specific business results, sales, search rankings, engagement, print outcomes, or other outcomes from design, branding, or marketing services.

Some jurisdictions do not allow certain warranty disclaimers or limitations, so some of the above may not apply to you.

12. Limitation of Liability

To the fullest extent permitted by law, D’Vacor’s total liability arising from or related to the Site, these Terms, or a specific project is limited to the amount you actually paid to D’Vacor for that specific project.

To the fullest extent permitted by law, D’Vacor will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost business, lost data, or business interruption.

This limitation does not apply where prohibited by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless D’Vacor, its owners, employees, and contractors from claims, damages, liabilities, costs, and reasonable attorneys’ fees arising from:

• Your use of the Site or services.

• Content, materials, or instructions you provide.

• Your breach of these Terms.

• Your infringement or alleged infringement of another person’s rights.

• Your use of deliverables after final approval.

14. Termination

Either party may terminate a project in accordance with the applicable written agreement, proposal, invoice, or these Terms.

Upon termination:

• You must pay for work performed, expenses incurred, and nonrefundable amounts due through the termination date.

• D’Vacor may withhold undelivered work until outstanding amounts are paid.

• Any license to use D’Vacor materials ends if required payments are not made or if the license is otherwise terminated.

• You must stop using materials whose license has ended, unless otherwise agreed in writing.

Sections that should survive termination include payment obligations, intellectual property, indemnification, limitations of liability, disclaimers, and dispute-resolution provisions.

15. Privacy

Our collection, use, and protection of personal information is described in our Privacy Policy, available at: https://dvacorgraphics.com/privacy-policy.

By using the Site or our services, you acknowledge that your information may be collected and used as described in the Privacy Policy.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.

Before filing a formal claim, the parties agree to attempt to resolve the dispute in good faith through direct communication.

If the dispute is not resolved, it may be brought in the state or federal courts located in California, and you consent to their jurisdiction. This does not prevent either party from seeking urgent injunctive relief where permitted by law.

17. General Provisions

• Assignment: You may not assign these Terms or a project without D’Vacor’s prior written consent.

• Entire agreement: These Terms, together with any accepted proposal, estimate, invoice, service agreement, or checkout terms, form the entire agreement between you and D’Vacor regarding the applicable services.

• Severability: If any provision is unenforceable, the remaining provisions remain in effect.

• No waiver: Failure to enforce a provision is not a waiver of that provision.

• Changes: We may update these Terms by posting a new version on this page. The “Last updated” date will change. Your continued use of the Site or services after an update constitutes acceptance of the updated Terms.

18. Contact Us

Questions about these Terms, a project, invoice, or payment can be sent to:

D’Vacor Graphics LLC
Lodi, CA 95242
Phone: 925-325-3166
Email: info@dvacorgraphics.com
Website: https://dvacorgraphics.com
Contact page: https://dvacorgraphics.com/contact