Terms & Conditions

Last updated: August 13, 2025

Welcome to Lucas Hale Design LLC (“we,” “us,” “our”). These Terms & Conditions (“Terms”) govern your use of lucashaledesign.com (the “Site”) and any services we provide (the “Services”). By accessing the Site or engaging our Services, you agree to these Terms.

If you do not agree, please do not use the Site or Services.

1) Who we are

Business name: Lucas Hale Design LLC (“LHD”)
Website: lucashaledesign.com
Contact: lhale@lucashaledesign.com

2) Scope of Services

We provide design and marketing Services, which may include: web design/development, branding/identity, SEO, email/SMS, social media, paid media coordination, copywriting, and product photography. The exact scope, deliverables, timeline, and fees are defined in your proposal, statement of work (“SOW”), or invoice (“Order”). If there is any conflict, the SOW/Order controls for that project.

3) Proposals, Estimates & Changes

Estimates: Non-binding unless expressly labeled “fixed fee.”
SOW/Order: Becomes binding upon written approval or payment of deposit.
Change requests: Outside-of-scope updates (extra pages, new features, additional concepts, urgent rushes, etc.) will be quoted and billed via a change order.
Approvals: Milestone approvals (e.g., strategy, wireframes, design comps, content, code) are required to proceed.

4) Client Responsibilities

You agree to:

Provide timely access to information, assets, brand guidelines, and decision-makers.
Ensure you have rights to all materials you supply (text, images, logos, data).
Review and approve deliverables within 5 business days unless otherwise stated.
Maintain all third-party accounts (hosting, email, domains, ad platforms) unless LHD is explicitly engaged to manage them.

Delays in feedback, access, or payment may extend timelines and/or incur standby fees.

5) Fees, Invoices & Payments

Deposits: A non-refundable deposit may be required to start work.
Payment terms: Net [15/30] days from invoice date unless otherwise stated.
Late fees: The lesser of 1.5% per month or the maximum allowed by law on past-due balances. Work may pause until accounts are current.
Expenses: Pre-approved out-of-pocket costs (fonts, stock, plugins, travel, rush print) are billed to you.
Taxes: You’re responsible for any applicable taxes.

Refunds: Due to the custom nature of our work, completed or in-progress Services are non-refundable. Prepaid hours expire 6 months from purchase unless your SOW says otherwise.

6) Intellectual Property & Licenses

Client materials: You retain ownership of content, logos, and assets you provide. You grant LHD a non-exclusive license to use them to perform the Services.
Working files: Unless otherwise agreed, LHD retains ownership of native/working files (e.g., layered design files, raw photos, code repositories). Exported deliverables are provided per SOW. Transfer of working files can be licensed for an additional fee.
Final deliverables: Upon full payment, you receive a non-exclusive, perpetual license to use the final deliverables for their intended purpose as outlined in the SOW.
Third-party assets: Some deliverables may incorporate third-party libraries, fonts, or stock governed by their own licenses. You are responsible for licensing fees unless your SOW states otherwise.
Portfolio use: You grant LHD permission to display work product (screens, logos, case studies) in our portfolio, Site, and marketing materials. If confidentiality is required, tell us in writing before the project begins.

7) Website Development, Hosting & Maintenance

Hosting: Unless your SOW includes hosting/maintenance, you are responsible for hosting, domains, SSL, and software subscriptions.
Handover: We will provide reasonable handover instructions and admin credentials at launch (after final payment).
Maintenance: Ongoing updates, backups, monitoring, and security patches are not included unless purchased as a maintenance plan.
Accessibility: We design with accessibility best practices in mind; however, legal compliance (e.g., WCAG/ADA) requires ongoing effort and testing. If your SOW includes accessibility audits or remediation, the scope will specify targets and responsibilities.

8) Marketing, SEO, Email/SMS & Ads Disclaimers

Performance not guaranteed: Rankings, traffic, deliverability, and ROAS depend on many factors beyond our control (algorithms, market conditions, budgets, platform policies). We do not guarantee specific results.
Compliance: You are responsible for lawful use of email/SMS lists and obtaining valid consent per applicable laws (e.g., CAN-SPAM, TCPA, CASL, GDPR).
Platform changes: Platforms (Google, Meta, Shopify, Klaviyo, etc.) may change features or policies that affect performance or capabilities. We’re not liable for such changes.

9) Approvals, Revisions & Launch

Revision rounds: Your SOW specifies how many rounds are included. Extra rounds are billed at our standard hourly rate.
Final approval: Your written approval constitutes acceptance of deliverables. After acceptance, further changes are new work.
Launch: For websites, we will coordinate launch after final payment and approvals, subject to hosting/DNS propagation.

10) Confidentiality

Each party may receive confidential information. We’ll use reasonable care to protect it and only use it to perform the Services. This section does not apply to information that is public, independently developed, or rightfully received from a third party.

11) Non-Solicitation (optional)

For 12 months after project completion, you agree not to solicit for employment or contract any LHD personnel directly involved in your project without our written consent.

12) Independent Contractor & Subcontractors

We are an independent contractor. We may engage vetted subcontractors (e.g., developers, photographers, editors) to help deliver the Services, and we remain responsible for their work under your SOW.

13) Acceptable Use of the Site

You agree not to misuse the Site, attempt to access non-public areas, introduce malware, scrape content without permission, or infringe any third-party rights.

14) Warranties & Disclaimers

We warrant that we will perform the Services in a professional and workmanlike manner.
EXCEPT AS EXPRESSLY STATED, THE SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LHD’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO LHD FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 3 MONTHS BEFORE THE EVENT. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOST PROFITS, REVENUE, DATA, OR GOODWILL.

16) Indemnification

You agree to indemnify and hold LHD harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) materials you provide; (b) your misuse of the Site or deliverables; (c) your breach of these Terms; or (d) your violation of laws or third-party rights.

17) Termination

Either party may terminate a project for material breach if not cured within 10 business days of written notice. You will pay for work completed and committed expenses through the termination date. Deposits and completed work are non-refundable.

18) Force Majeure

Neither party is liable for delays or failure to perform due to events beyond reasonable control (e.g., natural disasters, labor disputes, utility failures, major platform outages).

19) Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Maryland, without regard to conflict-of-law rules. The parties will attempt to resolve disputes in good faith; if unresolved, the exclusive venue shall be the state or federal courts located in Washington County, Maryland. You consent to personal jurisdiction there.

20) Assignment

You may not assign these Terms or any SOW without our written consent. We may assign to a successor in interest (e.g., merger, acquisition).

21) Severability & Entire Agreement

If any provision of these Terms is held invalid, the remainder remains in effect. These Terms, together with any SOW/Order, are the entire agreement between you and LHD regarding the Site and Services and supersede prior discussions.

22) Updates to These Terms

We may update these Terms from time to time. Changes are effective when posted on the Site with the “Last updated” date above. Your continued use of the Site or Services after changes means you accept the updated Terms.