Legal
Terms of
Service
1. Who these terms are between
These Terms of Service ("Terms") form a binding agreement between AYLAN MEDIA SERVICES LLC, a limited liability company registered in the United States, with its registered address at {{ADDRESS}} ("AYLAN", "we", "us"), and the person or business purchasing services from us ("you", "the Client").
By requesting a quote, accepting a proposal, paying an invoice or using any service we provide, you accept these Terms. If you are agreeing on behalf of a company, you confirm you are authorised to bind it.
2. What we provide
AYLAN MEDIA SERVICES LLC provides graphic design services, including brand identity systems, brand guidelines, print-ready artwork for merchandise, apparel graphic design, packaging and print collateral, product mockups and listing imagery, storefront and web graphics, and editable template systems (together, the "Services").
The Services are professional design services delivered as digital files. We do not manufacture, print, hold stock or ship physical goods.
3. Quotes, scope and orders
- Each engagement is defined by a written scope confirming the deliverables, the number of revision rounds, the delivery date and the price.
- A scope becomes an order when you accept it in writing and payment is received, unless otherwise agreed.
- Work outside the agreed scope is not performed until a further written quote has been issued and accepted.
- Published package descriptions and rates on this website are indicative of standard scopes; the written scope for your engagement prevails if there is any inconsistency.
4. Fees, invoicing and taxes
- All prices are stated in US dollars (USD) unless expressly agreed otherwise.
- Projects are payable in full before work begins.
- Retainers are billed monthly in advance on the same calendar date each month and renew automatically until cancelled under clause 11.
- Payments are processed by a third-party payment processor. We do not receive or store your full card details.
- Prices exclude any sales tax, VAT, withholding tax or other duty that may apply in your jurisdiction. Where such amounts are due, they are your responsibility.
- If a payment fails or is reversed, we may suspend work and withhold delivery until the amount due is settled.
5. What you provide
To deliver on time we need timely input from you: accurate briefing information; any existing brand assets, product photographs, text or reference material; your supplier's or platform's published file specification where relevant; and consolidated feedback within the review windows we specify.
You confirm that all materials you supply are lawful and are either owned by you or licensed to you for the use requested. Delays caused by missing materials or late feedback move the delivery date accordingly and do not entitle you to a refund.
6. Revisions and acceptance
- Each scope states the number of revision rounds included. A revision round is one consolidated set of change requests.
- Revision requests must relate to the agreed brief. A change of direction after a direction has been approved is new work and is quoted separately.
- Deliverables are deemed accepted if no revision request is received within 10 business days of delivery.
- Additional revision rounds beyond the included number are chargeable at our published rates.
7. Intellectual property and ownership
- You retain all rights in materials you supply to us.
- On receipt of full payment for the relevant engagement, we assign to you the ownership rights we hold in the final delivered artwork, for commercial use, including the right to apply it to products offered for sale.
- Until full payment is received, all rights in the work remain with AYLAN MEDIA SERVICES LLC and the work may not be used commercially.
- Third-party elements such as licensed fonts, stock imagery and stock illustration remain subject to their own licences. We identify these on handover. Extended or perpetual licences, where required, are your responsibility unless the scope says otherwise.
- Unused concepts, internal working files and our general methods remain our property.
- We may display delivered work in our portfolio and marketing materials unless you ask us in writing not to.
- We do not file, search or advise on trademark registration. Whether a mark is registrable or free to use in your territory is a legal question for a qualified attorney.
8. Originality and client-supplied material
We produce original artwork. We do not reproduce, trace or adapt third-party logos, trademarks, copyrighted characters or protected designs.
Where you supply artwork, text, imagery or a reference for us to work from, you confirm that you own the rights to it or are licensed to use it, and that its use does not infringe any trademark, copyright or other right. You indemnify AYLAN MEDIA SERVICES LLC against any claim arising from material you supplied. We may refuse or cancel any order whose supplied material we reasonably believe infringes a third party's rights.
9. Acceptable use
We do not accept work, and you may not use our Services, in connection with: reproduction of third-party trademarks, logos or copyrighted characters; counterfeit or replica goods; adult or sexually explicit content; content promoting hatred, harassment or violence against any group; or anything unlawful in the jurisdiction where it will be used.
We may terminate an engagement immediately, without refund of work already performed, if it becomes apparent that it involves any of the above.
10. Confidentiality
Each party will keep the other's non-public business information confidential and use it only to perform or receive the Services. This does not apply to information that is public through no fault of the receiving party, was already lawfully known, or must be disclosed by law.
11. Term, cancellation and termination
- Projects end on delivery and acceptance.
- Retainers continue monthly until cancelled. You may cancel at any time up to 7 days before the next renewal date by emailing contact@aylanmedia.com. Cancellation takes effect at the end of the current paid period.
- Either party may terminate immediately if the other commits a material breach and does not remedy it within 10 business days of written notice.
- We may suspend or terminate immediately for non-payment, abusive conduct towards our team, or breach of clause 9.
- Refund entitlements on cancellation are set out in our Refunds & Revisions Policy, which forms part of these Terms.
12. Warranties and disclaimers
We warrant that the Services will be performed with reasonable care and skill by suitably competent personnel, and that the artwork we produce is original to us. Except as expressly stated in these Terms, the Services and deliverables are provided without further warranties of any kind, express or implied, to the maximum extent permitted by law.
Design is a matter of judgement. We do not warrant that a given design will achieve any particular commercial result, level of sales or audience response.
13. Limitation of liability
- Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, data, goodwill or anticipated savings.
- Our total aggregate liability arising out of or in connection with an engagement is limited to the fees you paid to us for that engagement.
- Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud or fraudulent misrepresentation.
14. Indemnity
You will indemnify AYLAN MEDIA SERVICES LLC against claims, losses and reasonable costs arising from: materials you supplied to us; your use of deliverables in a way not agreed in the scope; the products you apply the artwork to; or your breach of clause 8 or 9.
15. Third-party suppliers and platforms
Where we prepare files to a supplier's or platform's specification, we work to that specification as published at the time. We are not responsible for the acts, errors, policy changes or production quality of any printer, print-on-demand supplier, marketplace or hosting provider.
16. Events outside our control
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, civil unrest, epidemics, strikes, internet or utility failures, or acts of government. Deadlines are extended for the duration of the event.
17. Governing law and disputes
These Terms are governed by the laws of the State in which AYLAN MEDIA SERVICES LLC is registered, without regard to conflict of law rules, and the courts of that State have exclusive jurisdiction, save that consumers may bring proceedings in their country of residence where local law gives them that right.
Before initiating a chargeback or payment dispute, you agree to contact us at contact@aylanmedia.com so we can attempt to resolve the matter directly.
18. Changes to these Terms
We may update these Terms from time to time. The version in force is the one published on this page on the date your scope is accepted. Material changes affecting an active retainer take effect at the next renewal date, and we will notify you by email.
19. General
These Terms, together with the accepted scope, the Refunds & Revisions Policy and the Privacy Policy, form the entire agreement between us. If any provision is found unenforceable, the remainder continues in force. Failure to enforce a right is not a waiver of it. You may not assign this agreement without our written consent.
20. How to contact us
AYLAN MEDIA SERVICES LLC
{{ADDRESS}}
Phone: {{PHONE}}
Email: contact@aylanmedia.com
Website: aylanmedia.com