Terms of Service
Last Updated: January 15, 2025Welcome to Well Known. By accessing or using our services, you agree to be bound by these Terms of Service. Please read them carefully.
1. Acceptance of Terms
By engaging with Well Known ("Company," "we," "our," or "us") for any creative, branding, digital marketing, or development services (collectively, the "Services"), you ("Client," "you," or "your") agree to these terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.
2. Description of Services
Well Known provides creative agency services including but not limited to:
- Brand Strategy & Identity Design
- Web Design & Development
- Digital Marketing & SEO
- Content Production (Video, Photography, Copywriting)
- Consulting & Growth Strategy
Specific services, deliverables, timelines, and costs will be outlined in separate agreements, proposals, or statements of work ("SOW") signed by both parties.
3. Intellectual Property Rights
3.1 Client Materials
By providing us with information, materials, content, or access to data ("Client Materials"), you grant Well Known a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute such materials solely for the purpose of providing the Services.
3.2 Deliverables
Upon full payment of all fees, Well Known transfers ownership of the final approved deliverables to the Client. However, Well Known retains the right to display the work in its portfolio, case studies, and marketing materials unless a strict Non-Disclosure Agreement (NDA) has been signed.
3.3 Pre-Existing IP
Well Known retains all rights to its pre-existing methodologies, tools, frameworks, stock assets, and know-how ("Background IP") used in the creation of deliverables. You are granted a perpetual, non-exclusive license to use such Background IP as embedded in the final deliverables.
4. Payment Terms
Fees shall be as set forth in the applicable Proposal or SOW. Invoices are due net-15 or net-30 days from the invoice date unless otherwise specified. Late payments may be subject to a late fee of 1.5% per month or the maximum rate permitted by law.
5. Client Responsibilities
To ensure timely delivery, the Client agrees to:
- Provide necessary content, assets, and information in a timely manner.
- Respond to requests for feedback or approval within the agreed-upon timelines.
- Designate a single point of contact for project communications.
- Pay invoices according to the agreed schedule.
6. Changes & Scope Creep
If the Client requests changes that significantly deviate from the original scope of work ("Scope Creep"), Well Known reserves the right to issue a Change Order detailing additional costs and timeline adjustments. Such changes must be approved in writing before proceeding.
7. Limitation of Liability
To the maximum extent permitted by law, Well Known shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total liability shall not exceed the total fees paid by the Client for the specific service giving rise to the claim in the three months preceding the claim.
8. Termination
Either party may terminate a specific project with written notice if the other party breaches a material term of this agreement and fails to cure such breach within 10 days of notice. Upon termination, the Client shall pay Well Known for all work performed up to the termination date.
9. Governing Law
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 be resolved exclusively in the state or federal courts located in New York, NY.
10. Contact Information
If you have any questions regarding these Terms of Service, please contact us at:
Well Known Agency
123 Creative Blvd, New York, NY 10001
Email: legal@wellknown.agency