While Avaron Marketing will customize Client’s Graphic Design Deliverables to Client’s specifications, Client recognizes that Graphic Designs generally can have a common structure and basis. Avaron Marketing continues to own any and all template designs and custom designs it may have created prior to this Agreement. Avaron Marketing will further own any template designs it may create as a result of this Agreement.

Client Approval and Revisions. Client must approve all materials before project finalization. Client shall be entitled to 2 revisions. Any revisions beyond 2 shall be chargeable at a rate of $10 each.

Confidentiality. During the course of this Agreement, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Avaron Marketing in order for Avaron Marketing to complete the Graphic Design services and Deliverables in their final form. Avaron Marketing will not share any of this proprietary information at any time. Avaron Marketing however does have the right to use design Avaron Marketing portfolio, marketing material and social. This section remains in full force and effect even after termination of the Agreement by it’s natural termination or the early termination by either party.

Termination. This Agreement shall automatically terminate upon Client’s acceptance of the deliverables. This Agreement may otherwise be terminated at any time by either Party upon written notice to the other party. Client will be responsible for all costs and expenses incurred prior to the date of termination.

Ownership Rights. Client continues to own any and all proprietary information it shares with Avaron Marketing during the term of this Agreement for the purposes of the Agreement. Avaron Marketing has no rights to this proprietary information and may not use it except to complete the Graphic Design services. Upon completion of the Agreement, Client will own the final Graphic Design Deliverables. This does not include the editable files such psds.

Representations and Warranties. 

Avaron Marketing represents and warrants that he/she has the right to enter into and perform this Agreement. Avaron Marketing further represents and warrants that he/she has the right to utilize and distribute the designs created for Client and that such designs are not owned by anyone else to Avaron Marketing’s knowledge. In the event that Avaron Marketing does not have these rights, Avaron Marketing will repay any associated damages Client may experience or will take responsibility so that Client does not experience any damages.

Client. Client represents and warrants that is has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to Avaron Marketing to be included in this Website. In the event that Client does not have these rights, Client will repay any associated damages Avaron Marketing may experience or will take responsibility so that Avaron Marketing does not experience any damages.

Disclaimer of Warranties. Avaron Marketing shall complete Graphic Design services for Client’s purposes and to Client’s specifications. AVARON MARKETING DOES NOT REPRESENT OR WARRANT THAT SUCH DELIVERABLES WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. AVARON MARKETING HAS NO RESPONSIBILITY TO CLIENT IF THE DELIVERABLES DO NOT LEAD TO CLIENT’S DESIRED RESULT(S).

1. 10.  Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABILE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
2. 11.  Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
3. 12.  Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
4. 13.  Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
5. 14.  Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by Texas law.
6. 15.  Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

General Refund Policy Guidelines

All our work is custom. Once payment has been made, there are no Refunds