Terms of Service
Please read these terms carefully before engaging our services.
Last Updated: January 15, 2025
Table of Contents
1. Introduction
Welcome to Well Known. These Terms of Service ("Terms") govern your access to and use of the creative, branding, digital marketing, and consulting services provided by Well Known Agency LLC ("Company," "we," "us," or "our"). By engaging our services, requesting a proposal, or making a payment, you ("Client," "you," or "your") agree to be bound by these Terms.
If you do not agree to all provisions contained herein, please do not utilize our services. We reserve the right to modify these Terms at any time, and continued engagement constitutes acceptance of any changes.
2. Services & Deliverables
Well Known provides strategic branding, web development, digital marketing, content production, and growth consulting services tailored to each Client's objectives. All services are subject to the scope outlined in a mutually executed Statement of Work ("SOW") or project agreement.
Note: Any work performed outside the agreed SOW may incur additional fees and will require written authorization before proceeding.
Deliverables include, but are not limited to, brand strategy documents, visual identity systems, website designs, marketing campaigns, and performance reports. Timelines are estimates and may be adjusted due to scope changes, force majeure, or delays in Client feedback.
3. Intellectual Property
Upon full payment of all invoices, Well Known assigns to the Client all rights, title, and interest in the final approved deliverables specific to their project. Pre-existing templates, proprietary frameworks, code libraries, and agency-owned assets remain the exclusive property of Well Known.
Client retains the right to use assigned intellectual property indefinitely for its intended business purposes. Well Known reserves the right to display project results in its portfolio, case studies, and marketing materials unless a confidentiality agreement is executed prior to project kickoff.
4. Payment & Invoicing
All fees are as outlined in the executed SOW. A deposit or retainer is typically required before work commences. Invoices are payable within 15 days of receipt unless otherwise agreed in writing.
- Late payments are subject to a 1.5% monthly interest charge.
- Work may be paused if invoices remain unpaid beyond 30 days.
- Expenses such as stock imagery, software licenses, or third-party vendor costs are billed at cost unless pre-approved with a markup.
All payments are non-refundable once work has commenced, unless otherwise specified in the SOW.
5. Client Responsibilities
Client agrees to provide timely feedback, necessary assets, access credentials, and decision-maker availability to keep the project on schedule. Well Known is not responsible for delays caused by late responses, missing information, or internal Client approvals.
Client warrants that all content, materials, and directives provided do not infringe upon third-party intellectual property rights. Client indemnifies Well Known against any claims arising from the use of Client-supplied materials.
6. Limitation of Liability
Well Known performs services with professional care and industry-standard diligence. However, we do not guarantee specific business outcomes, such as revenue increases, ranking positions, or conversion rates, as these are influenced by market conditions, algorithms, and Client execution.
To the fullest extent permitted by law, Well Known's total liability under these Terms shall not exceed the total fees paid by Client for the specific project giving rise to the claim. We are not liable for indirect, incidental, or consequential damages.
7. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information exchanged during the engagement. This includes business strategies, financial data, unreleased products, and technical architectures. Confidentiality obligations survive termination of these Terms for a period of three (3) years.
Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties without restriction.
8. Termination
Either party may terminate an engagement with 14 days written notice. Upon termination, Client shall pay for all work completed and expenses incurred up to the termination date. Well Known will deliver all completed assets upon receipt of final payment.
Immediate termination may occur if Client breaches material terms, fails to meet payment obligations, or engages in illegal/unethical practices. In such cases, all pending invoices become immediately due.
9. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising under these Terms shall first be subject to good-faith mediation. If unresolved, disputes shall be settled by binding arbitration in New York County, NY.
10. Modifications to Terms
Well Known reserves the right to update or modify these Terms at any time. Material changes will be communicated via email or posted on our website. Continued use of our services following the effective date of revised Terms constitutes acceptance.
11. Contact Information
For questions, clarifications, or formal notices regarding these Terms, please contact us at:
- Email: legal@wellknown.agency
- Address: 123 Creative Blvd, New York, NY 10001
- Phone: +1 (212) 555-1234
Thank you for choosing Well Known. We are committed to delivering exceptional value while maintaining transparency, professionalism, and mutual respect in all our partnerships.