Terms of
Service
01. Agreement to Terms
By accessing our website at www.lumetrix-creative.com, submitting a project inquiry, engaging our services, or completing any purchase through our platform, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Refund Policy. These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Lumetrix Creative ("Company," "we," "us," or "our"), a graphic design studio operating at 206 NW Mock Ave, Blue Springs, MO 64014.
If you do not agree to any portion of these Terms, you must discontinue use of our website and services immediately. We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of our services following modifications constitutes your acceptance of the revised Terms.
02. Scope of Services
What We Provide
Lumetrix Creative offers the following graphic design and advisory services:
- Business card design — custom graphic layout, typography, color, and visual identity for printed business cards
- Corporate brand identity development — logo refinement, color system, typography selection, and usage guidelines for print materials
- Corporate stationery design — letterhead, envelope design, branded document templates, and presentation covers
- Design advisory services — brand audits, visual identity consultation, and strategic design recommendations
- File preparation — delivery of print-ready files in agreed formats (PDF, AI, EPS, PNG)
What We Do Not Provide
- Printing or physical production of any designed materials
- Sourcing, negotiating with, or managing relationships with printing vendors
- Advertising campaign management, media buying, or placement of any kind
- Digital marketing services including social media management, SEO, or pay-per-click advertising
- Website design, development, or maintenance
- Management, administration, or operation of any client business systems, software, or platforms
- Photography, videography, copywriting, or content creation
- Legal, financial, or business registration services
- Trademark registration or intellectual property legal services
03. Project Engagement & Process
Discovery & Brief
All projects begin with a discovery process. The Client is required to complete our design brief questionnaire honestly and thoroughly. The accuracy of information provided in the brief directly impacts the quality and relevance of design output. Lumetrix Creative is not liable for design outcomes that do not meet expectations when the Client has provided incomplete, inaccurate, or misleading brief information.
Project Commencement
Creative work commences only upon receipt of (a) a signed project agreement or purchase confirmation, and (b) payment of any required deposit as specified in the project proposal. Estimated timelines begin from the date creative work commences, not from the date of inquiry or proposal delivery.
Revision Rounds
Each service tier includes a specified number of revision rounds as outlined in the respective proposal. A "revision round" is defined as one consolidated set of feedback submitted in writing via email or our designated communication channel. Fragmented, verbal, or telephone-communicated revisions without written follow-up may not be accepted. Additional revisions beyond the included number will be billed at our current hourly rate of $150 USD per hour. Unused revision rounds do not carry monetary value and are non-transferable.
Client Responsibilities
The Client agrees to respond to requests for feedback, approval, or additional information within five (5) business days. Failure to respond within this period may result in project delays. If no response is received within fifteen (15) business days, the project may be placed in suspended status. Projects suspended for more than thirty (30) days due to Client non-response may be subject to a reactivation fee.
04. Payment Terms
All fees are stated in United States Dollars (USD). Payments are processed through our designated payment platform. Project proposals include itemized pricing for the agreed scope of services.
- Projects under $2,000 USD: Full payment required prior to commencement
- Projects between $2,000 – $6,000 USD: 50% deposit required at commencement; remaining 50% due upon delivery of final files
- Projects over $6,000 USD: 40% deposit at commencement, 30% at concept approval, 30% upon final delivery
- Enterprise and retainer arrangements: Payment schedule defined in individual contracts
Invoices are due within seven (7) calendar days of issuance unless otherwise specified in the project agreement. Late payments accrue interest at 1.5% per month on the outstanding balance. Lumetrix Creative reserves the right to suspend delivery of final files and transfer of intellectual property rights until all outstanding balances are fully paid.
Scope Changes & Additional Fees
Any additions to the agreed project scope, including but not limited to new design elements, additional file formats, additional concepts, additional stationery items, or significant changes in brand direction following concept approval, will be subject to a written change order and additional fees. Work on change orders will not begin until the Client approves the additional cost estimate in writing.
05. Intellectual Property & Ownership
Client Ownership Upon Full Payment
Upon receipt of full and final payment for all services rendered, Lumetrix Creative assigns to the Client all rights, title, and interest in the final approved deliverables, including but not limited to design files, artwork, and visual concepts approved and finalized through the agreed revision process. This assignment is limited to the final approved designs only.
Lumetrix Creative Retains
- All rights to preliminary concepts, sketches, and designs not selected or approved by the Client
- The right to display the final work in our portfolio, website, and promotional materials, unless the Client requests confidentiality in writing at the time of project agreement
- All proprietary design processes, methodologies, templates (internal), tools, and systems used in production
- All intellectual property created prior to client engagement
Third-Party Assets
Where design work incorporates licensed third-party typefaces, stock elements, or illustrations, the Client is responsible for maintaining any required licenses for ongoing use of such assets. Lumetrix Creative will disclose the use of third-party licensed assets in the project handoff documentation.
Client Representations
The Client represents and warrants that all materials, content, logos, photographs, and other assets provided to Lumetrix Creative for incorporation into design work are owned by the Client or that the Client has obtained all necessary rights, licenses, and permissions for their use. The Client agrees to indemnify and hold Lumetrix Creative harmless from any claims, damages, or legal actions arising from Client-supplied materials.
06. Confidentiality
Both parties agree to maintain the confidentiality of proprietary or sensitive information disclosed during the project engagement. This includes business strategies, unreleased products, client lists, and financial information. Lumetrix Creative will not disclose confidential Client information to third parties without written consent, except as required by law.
If the Client requires a Non-Disclosure Agreement (NDA) prior to the discovery process, this must be communicated and executed before any project discussions involving sensitive proprietary information take place. Lumetrix Creative may present its own NDA template or review a Client-provided NDA; legal review of complex NDAs may incur an advisory fee.
07. Warranties & Limitation of Liability
Design Services Warranty
Lumetrix Creative warrants that all design services will be performed with reasonable professional skill, care, and diligence. We warrant that final deliverables will conform to the agreed-upon creative brief and approved design direction.
No Guarantee of Business Outcomes
Limitation of Liability
To the fullest extent permitted by applicable law, Lumetrix Creative's total liability to the Client for any and all claims arising from or related to services rendered shall not exceed the total fees paid by the Client to Lumetrix Creative in the three (3) months immediately preceding the claim. In no event shall Lumetrix Creative be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business, or loss of data, even if advised of the possibility of such damages.
Lumetrix Creative is not liable for any errors in printing that occur after delivery of print-ready design files, as printing services are outside our scope of services.
08. Project Cancellation
Either party may terminate a project engagement with written notice. Termination by the Client does not entitle the Client to a refund of deposits or payments made for work already completed. In the event of termination, fees shall be calculated based on the percentage of work completed as determined by Lumetrix Creative's internal project tracking.
Lumetrix Creative reserves the right to terminate an engagement immediately if the Client engages in abusive, harassing, or unethical behavior, requests design content that violates applicable law or third-party rights, or fails to make required payments within thirty (30) days of their due date.
Upon termination, ownership of any partially completed design work remains with Lumetrix Creative unless full payment for completed work has been received, at which point files completed to date may be provided at Lumetrix Creative's discretion.
09. Acceptable Use
By using our website and services, you agree not to use our services for any unlawful purpose or any purpose prohibited under these Terms. You agree not to:
- Submit false, misleading, or fraudulent project information
- Request design work intended to infringe third-party trademarks, copyrights, or other intellectual property
- Use our designs in connection with illegal products, services, or activities
- Attempt to reverse-engineer, copy, or resell Lumetrix Creative's proprietary design processes or unpublished materials
- Harass, threaten, or abuse Lumetrix Creative staff or representatives
- Attempt to gain unauthorized access to our internal systems or client files
- Use our website in any manner that could damage, disable, or impair its operation
10. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to conflict of law principles. Any disputes arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiation between the parties.
If negotiation fails to resolve the dispute within thirty (30) days, the parties agree to submit to binding arbitration administered by the American Arbitration Association in Jackson County, Missouri, before resorting to litigation. Notwithstanding the foregoing, Lumetrix Creative retains the right to seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights.
11. Miscellaneous Provisions
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.
Entire Agreement
These Terms, together with any project proposal, agreement, and our Privacy Policy and Refund Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations, warranties, and understandings, whether oral or written.
Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Lumetrix Creative. No waiver of any provision shall constitute a waiver of any other provision, or a continuing waiver.
Force Majeure
Lumetrix Creative shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, power outages, internet disruptions, strikes, government actions, or pandemics. We will notify the Client promptly of any such circumstances and resume services as soon as reasonably possible.
If you have any questions, concerns, or require clarification regarding these Terms of Service, please contact us through any of the following channels:
Blue Springs, MO 64014