These Terms of Service ("Terms") govern your use of vysecreative.com and any services provided by Vyse ("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms. Please read them carefully before proceeding.
1. Services
Vyse provides web design and development, brand identity design, custom merchandise, and business setup services ("Services"). The specific scope, deliverables, timeline, and pricing for each engagement are defined in a written Scope of Work ("SOW") agreed upon before work begins.
Each SOW, once signed by both parties, constitutes a binding agreement in addition to these Terms. In the event of a conflict between a SOW and these Terms, the SOW controls.
We reserve the right to decline any project at our discretion and without obligation to provide a reason.
2. Payment Terms
Standard payment
A non-refundable deposit of 50% of the total project fee is required before work begins. The remaining 50% is due upon project completion and before delivery of final files and credentials. Work will not begin without the deposit, and final deliverables will not be released until full payment is received.
Payment plans
Payment plan arrangements are available on certain projects and are agreed upon individually during your discovery call. All payment plan terms are specified in the SOW. Monthly payment plans and rent-to-own arrangements include hosting and support services for the duration of the agreed term.
Late payment
Invoices not paid within 14 days of the due date may incur a 1.5% monthly late fee. We reserve the right to pause work on any project with an outstanding balance.
Rush fees
Projects requiring timelines shorter than our standard schedule are subject to a 30% rush surcharge, discussed and agreed upon before work begins.
3. Intellectual Property
Ownership on payment
Upon completion of all payment obligations, Vyse assigns to you the rights specified in your Scope of Work. The specific deliverables, format of handover, and ownership scope are defined per-project in the signed SOW.
Prior to full payment
All work product remains the property of Vyse until full payment is received. Clients may not use, publish, or reproduce deliverables until the full balance is settled.
Portfolio rights
Unless a written NDA is in place, Vyse retains the right to display finished work in our portfolio and marketing materials. If you require confidentiality, please request an NDA before the project begins.
Third-party assets
If your project incorporates third-party licensed assets (stock imagery, fonts, plugins, or templates), licensing for those assets is your responsibility unless otherwise agreed in writing. Vyse will advise you of any such assets during the project.
Vyse's tools and processes
We retain ownership of our internal tools, processes, templates, and methodologies used in the delivery of services, regardless of any custom work delivered to you.
4. Revisions
Each project tier includes a defined number of revision rounds as specified in the SOW. A revision round is defined as a single consolidated set of feedback submitted in writing.
Additional revision rounds beyond the agreed scope are billed at $150/hour, invoiced separately and due within 14 days. We will notify you before commencing additional billable revisions.
Revisions that constitute a material change in project scope (e.g., changing the fundamental direction of a design, adding pages, or requesting entirely new concepts) are treated as scope additions and priced accordingly.
5. Client Responsibilities
The success and timeliness of your project depends on your active participation. You agree to:
- —Provide all required content, assets, and information in a timely manner
- —Designate a single point of contact for feedback and approvals
- —Respond to questions, requests for feedback, and approval requests within 5 business days
- —Consolidate all feedback into a single written communication per revision round
- —Ensure you have the legal right to use any content, images, or materials you supply
- —Review and approve all deliverables before sign-off — changes requested after approval may be billed as additional work
Delays caused by late client feedback, missing content, or non-responsiveness may result in revised project timelines and potentially additional fees. We are not responsible for missed deadlines caused by client delays.
6. Cancellation and Refunds
Client cancellation
If you cancel a project after work has begun, the deposit is non-refundable. If cancellation occurs after the halfway point of the project, you are liable for 75% of the total project fee. Work completed and delivered to date remains yours. We will invoice for any outstanding balance within 14 days of cancellation notice.
Vyse cancellation
We reserve the right to cancel a project if: the client materially breaches these Terms, payment is significantly overdue, or the project scope becomes untenable. In such cases, we will refund the pro-rated portion of any prepaid fees less the value of work completed.
7. Hosting and Ongoing Services
For clients on monthly payment plans or managed hosting arrangements, the following applies:
- —Monthly fees cover hosting, maintenance, and agreed support services for the term specified in your SOW
- —Cancellation of a monthly plan before the agreed term end date requires 30 days written notice
- —Early cancellation of a rent-to-own arrangement forfeits any accrued ownership equity unless otherwise agreed in writing
- —Vyse is not liable for third-party service outages (DNS providers, payment gateways, or CDN services) beyond our reasonable control
8. Confidentiality
Both parties agree to keep confidential any non-public, proprietary, or sensitive information disclosed during the engagement. This includes business strategies, financial data, client lists, and technical information. This obligation survives termination of the project. If you require a formal NDA, please request one before the project begins.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Vyse's total liability to you for any claim arising out of or relating to our services shall not exceed the total fees paid by you in the three months preceding the claim.
Vyse is not liable for: indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, data, or business opportunities; damages resulting from third-party services, products, or actions; or any matters beyond our reasonable control.
We make no warranties, express or implied, regarding specific business results, traffic, revenue, or conversions. Past performance of our work does not guarantee future results.
10. Business Setup Disclaimer
Our business setup services include hands-on assistance with LLC formation, contract drafting, and compliance documentation. We handle the actual paperwork and filings on your behalf. These services do not constitute legal advice and do not create an attorney-client relationship. For legal counsel specific to your situation, consult a licensed attorney in your jurisdiction.
11. Acceptable Use
You agree not to use our services or website to:
- —Violate any applicable law or regulation
- —Infringe on the intellectual property rights of others
- —Produce, promote, or distribute illegal, harmful, or deceptive content
- —Engage in harassment, discrimination, or any form of abuse
- —Attempt to gain unauthorised access to our systems or data
- —Misrepresent your identity or affiliation
12. Dispute Resolution
In the event of a dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, conducted in English. The arbitration shall take place in Minneapolis, Minnesota. The prevailing party may be entitled to reasonable attorney's fees at the arbitrator's discretion.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to conflict of law principles. Any disputes not resolved through arbitration shall be subject to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota.
14. Changes to These Terms
We reserve the right to update these Terms at any time. Material changes will be communicated to active clients via email. Continued use of our services after updated Terms are posted constitutes acceptance. The most current version of these Terms always governs.
15. Contact
Legal questions: [email protected]
General inquiries: [email protected]