1. Introduction

These Terms of Service (“Terms”) govern your use of the website at dvacorgraphics.com (the “Site”) and your engagement of D’Vacor Graphics and Design (“D’Vacor,” “we,” “us,” or “our”) for design, branding, and related professional services. By using the Site or accepting any written proposal, estimate, or service agreement from us, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must not use the Site or engage our services.

2. Use of the Site

You may access and use the Site for your personal or internal business purposes, including reviewing our services, portfolio, and contact information. You agree not to:

• Use the Site for any unlawful or abusive purpose.
• Attempt to interfere with Site operation, security, or underlying systems.
• Resell, sublicense, or redistribute our designs, templates, or files without our written permission.

We reserve the right to modify, suspend, or discontinue any part of the Site at any time without notice.

3. Professional services

Descriptions of services, project examples, timelines, and pricing on the Site are for informational purposes only and are not guarantees of specific results. Actual services, deliverables, timelines, and fees will be defined in a written proposal, estimate, quote, or service agreement signed or otherwise clearly accepted by you and D’Vacor.

Engagement of our services occurs only when both parties agree in writing (including email confirmation) on the scope, deliverables, schedule, and payment terms. No project begins solely because you submit an inquiry or contact form.

4. Proposals, estimates, and fees

• Proposals and estimates are typically valid for a specified period. If not accepted within that period, fees and scope may be revised.
• Payment terms (such as deposits, milestone payments, or final balances) will be specified in the proposal or invoice.
• Late payments may result in suspension of work or additional fees, as outlined in our agreement.

Revisions to the original scope that are requested after approval of the proposal or estimate may be subject to additional fees and time.

5. Intellectual property and licensing

Unless otherwise agreed in writing:

• D’Vacor retains ownership of all conceptual sketches, drafts, unused designs, templates, and underlying artwork.
• You receive a license or ownership rights in the final approved deliverables as specified in the signed project agreement (for example, non‑exclusive or exclusive license for certain uses).
• You may not resell, sublicense, or distribute our design files or templates to third parties beyond the uses expressly permitted in our agreement.

Client‑provided materials (such as logos, images, or text) must be used only with all necessary rights and permissions. You agree to indemnify D’Vacor from any claims arising from your use of such materials.

6. Client obligations and content

You are responsible for:

• Providing timely feedback, approvals, and necessary brand information.
• Ensuring that your content and instructions do not infringe the rights of others or violate applicable laws.
• Reviewing proofs and final deliverables for accuracy before final publication.

Delays in your responses or approvals may extend project timelines or require additional fees.

7. Testimonials and portfolio use

With your permission (which may be obtained in writing or via project agreement), D’Vacor may:

• Use your logo, brand name, or project work in its portfolio, marketing materials, and on the Site to showcase our services.
• Display testimonials or case studies, which may be edited for clarity or to remove confidential details.

If you have specific confidentiality or embargo requirements, these must be agreed in writing before public use.

8. Limitation of liability and disclaimers

To the fullest extent permitted by law, D’Vacor disclaims all warranties, express or implied, regarding the Site, its content, and any services provided. We do not guarantee specific business results from our designs or branding work.

Our total liability arising out of or related to these Terms or your use of the Site or our services will be limited to the amount you have paid to us for the specific project in question. In no event will we be liable for any indirect, incidental, or consequential damages.

9. Termination and cancellation

Either party may terminate a project in accordance with any written agreement or the terms specified in our proposal. If you cancel a project:

• Any work already completed and amounts paid may be non‑refundable, depending on the stage of work and the terms of the agreement.
• We may invoice you for work performed up to the point of termination.

Upon termination, you must cease using any materials licensed to you if the license is terminated or expires, unless otherwise agreed.

10. General provisions

• Governing law: These Terms will be governed by the laws of the State of California, without regard to its conflict‑of‑laws principles.
• Disputes: Any dispute arising under these Terms will be resolved through negotiation; if unresolved, it may be submitted to the appropriate court located in California.
• Assignment: You may not assign these Terms without our prior written consent.
• Entire agreement: These Terms, together with any written proposals, estimates, or service agreements you sign, constitute the entire agreement between you and D’Vacor regarding the subject matter.
• Changes to these Terms: We may update these Terms from time to time by posting a new version on the Site. Your continued use of the Site or our services after changes are posted constitutes your acceptance of the updated Terms.

11. Contact

If you have questions about these Terms of Service, our services, or any project, please contact us using the contact information provided on the Site’s “Contact” page.