Terms ofService.
Welcome to ArtEstica.
These Terms of Service (“Terms”) govern your access to and use of the ArtEstica website, services, digital platforms, products, communications, and any professional services provided by ArtEstica (“we,” “us,” or “our”).
By accessing our website, contacting us, requesting a quotation, engaging our services, making a payment, or entering into a project with ArtEstica, you agree to be bound by these Terms.
If you do not agree with these Terms, you should not use our website or services.
About ArtEstica
ArtEstica is a creative and digital agency offering professional digital solutions.
Our services may include, but are not limited to:
- Website design
- Website development
- Branding
- Graphic design
- Digital strategy
- Search engine optimization
- Social media services
- Digital marketing
- Consulting
- Creative services
- Custom digital solutions
The exact scope of services for each project may be defined through a proposal, quotation, statement of work, contract, invoice, or other written agreement.
Eligibility
By using our website or services, you confirm that you have the legal authority and capacity to enter into a binding agreement.
If you are engaging ArtEstica on behalf of a company, organization, or other entity, you confirm that you have the authority to bind that entity to these Terms.
Website Use
You agree to use the ArtEstica website lawfully and responsibly.
You must not:
- Use the website for illegal purposes
- Attempt unauthorized access to our systems
- Interfere with the website's functionality
- Introduce malicious software or harmful code
- Copy or exploit website content without authorization
- Misrepresent your identity
- Attempt to gain access to restricted areas
- Use automated systems in a manner that may damage or disrupt our website
We reserve the right to restrict or terminate access to our website where misuse is identified.
Service Engagement
The use of our website does not automatically create a client relationship.
A professional client relationship may begin after services have been agreed upon through one or more of the following:
- Signed agreement
- Accepted proposal
- Approved quotation
- Confirmed scope of work
- Payment of a required invoice or deposit
- Written confirmation by ArtEstica
Each project may include separate terms relating to scope, timelines, pricing, deliverables, revisions, and responsibilities.
Where a separate written agreement exists, that agreement may take precedence over these general Terms where legally applicable.
Quotations and Proposals
Unless otherwise stated, quotations and proposals provided by ArtEstica are based on the information available at the time of preparation.
Changes to the project scope may result in:
- Additional charges
- Revised timelines
- Modified deliverables
- Updated requirements
A quotation or proposal does not guarantee that a project will begin until the relevant engagement has been formally accepted.
ArtEstica reserves the right to correct clerical, pricing, technical, or administrative errors in quotations or proposals.
Client Responsibilities
Clients are responsible for providing accurate, complete, and timely information necessary for the successful completion of a project.
This may include:
- Content
- Images
- Brand assets
- Login credentials
- Technical information
- Access to platforms
- Feedback
- Approvals
- Legal information
- Third-party licenses
Delays in providing required materials or approvals may result in project delays.
ArtEstica shall not be responsible for delays caused by incomplete, inaccurate, unavailable, or late client-provided information.
Project Timelines
Any estimated project timeline is provided in good faith.
Actual delivery dates may be affected by factors including:
- Scope changes
- Client feedback delays
- Delayed approvals
- Third-party services
- Technical issues
- Force majeure events
- Changes requested during development
ArtEstica will make reasonable efforts to meet agreed timelines but does not guarantee a specific completion date unless expressly stated in a written agreement.
Revisions and Scope Changes
Project pricing may include a defined number of revisions where specified.
Additional revisions, redesigns, changes in direction, or work outside the originally agreed scope may result in additional fees.
A scope change may include:
- New features
- Additional pages
- New design directions
- Major structural changes
- Additional integrations
- Additional services
- Work requested after approval of a previous stage
ArtEstica may provide an additional quotation before beginning work that falls outside the agreed scope.
Payments
Clients agree to pay all fees associated with the agreed services.
Payment requirements may include:
- Upfront deposits
- Milestone payments
- Recurring payments
- Final payments
- One-time project fees
Payment methods may include secure third-party payment providers such as Stripe, PayPal, or other payment systems approved by ArtEstica.
Unless otherwise agreed in writing, invoices must be paid according to the payment terms specified on the relevant invoice, proposal, or agreement.
Late Payments
Late or overdue payments may result in:
- Suspension of ongoing work
- Suspension of website maintenance
- Suspension of digital services
- Delayed delivery
- Restricted access to deliverables
- Additional administrative or recovery costs where legally permitted
ArtEstica reserves the right to withhold final deliverables until outstanding payments have been received in full.
Refunds
Because many of our services involve professional time, creative work, planning, strategy, custom development, and allocated resources, payments may be non-refundable once work has begun, except where otherwise required by applicable law or expressly agreed in writing.
Deposits may be non-refundable unless otherwise stated in a separate agreement.
Refund requests will be reviewed based on the nature of the project, services already completed, resources allocated, and the applicable contractual terms.
Cancellation and Termination
Either party may terminate a project in accordance with the applicable project agreement.
Where a client cancels a project after work has started, the client may remain responsible for payment for:
- Work already completed
- Time already allocated
- Third-party expenses
- Non-refundable software or platform costs
- Additional committed project resources
ArtEstica reserves the right to terminate or suspend services where a client:
- Fails to make required payments
- Engages in abusive or inappropriate behavior
- Provides illegal or harmful materials
- Violates these Terms
- Requests unlawful services
Intellectual Property
All intellectual property rights remain with their respective owners.
Unless otherwise agreed in writing, ArtEstica retains ownership of:
- Pre-existing materials
- Internal tools
- Processes
- Methodologies
- Frameworks
- Templates
- Concepts not selected by the client
- Reusable code
- Generic systems
- Proprietary assets
Upon full payment, the client may receive ownership or a license to use final deliverables according to the agreed project terms.
ArtEstica may retain the right to use its general knowledge, experience, methodologies, and non-confidential techniques developed during a project.
Client Materials
Clients confirm that they have the legal right to provide all materials submitted to ArtEstica.
This includes:
- Logos
- Images
- Videos
- Written content
- Trademarks
- Documents
- Software
- Third-party assets
The client is responsible for obtaining necessary licenses, permissions, and rights.
ArtEstica is not responsible for intellectual property claims arising from materials supplied or approved by the client.
Portfolio Rights
Unless otherwise agreed in writing, ArtEstica may display completed or publicly available work in its portfolio, website, case studies, social media, presentations, or promotional materials.
Where a project contains confidential information, we will make reasonable efforts to respect confidentiality obligations and agreed restrictions.
Third-Party Services
Some projects may involve third-party platforms, software, plugins, APIs, hosting providers, payment providers, or other services.
ArtEstica is not responsible for:
- Third-party outages
- Platform policy changes
- Software updates
- API changes
- Account suspensions
- Pricing changes
- Security incidents caused by third parties
- Changes to third-party functionality
Clients may be responsible for third-party subscriptions, licenses, domains, hosting, software, or other recurring costs unless otherwise agreed.
Search Engine Optimization and Marketing Disclaimer
Where ArtEstica provides SEO, advertising, social media, marketing, or related services, we may use professional strategies and industry best practices.
However, we do not guarantee:
- Specific search rankings
- Website traffic
- Leads
- Sales
- Revenue
- Advertising performance
- Social media growth
- Business results
Digital platforms, search engines, advertising systems, and algorithms are controlled by independent third parties and may change without notice.
Website and Technical Disclaimer
While we aim to develop reliable and high-quality digital solutions, no website or digital system can be guaranteed to be completely free from technical issues, vulnerabilities, downtime, or third-party disruptions.
Clients remain responsible for maintaining appropriate backups, security procedures, passwords, and account access unless these responsibilities are expressly included within the agreed scope of service.
Confidentiality
Both parties agree to treat confidential information shared during a professional engagement with reasonable care.
Confidential information does not generally include information that:
- Is publicly available
- Was already known without confidentiality obligations
- Is independently developed
- Must be disclosed by law
Where a separate confidentiality agreement is signed, that agreement will govern the handling of confidential information.
Limitation of Liability
To the maximum extent permitted by applicable law, ArtEstica shall not be liable for indirect, incidental, consequential, special, punitive, or business-related losses.
This may include losses relating to:
- Lost profits
- Lost revenue
- Lost data
- Business interruption
- Loss of goodwill
- Missed opportunities
- Third-party service failures
Where liability cannot legally be excluded, ArtEstica's liability may be limited to the amount paid by the client for the specific services giving rise to the claim, subject to applicable law.
Indemnification
You agree to indemnify and hold harmless ArtEstica, its team members, contractors, and representatives from claims, damages, losses, liabilities, and reasonable expenses arising from:
- Your violation of these Terms
- Materials provided by you
- Your unlawful use of our services
- Your infringement of third-party rights
- False or misleading information provided by you
No Guarantee of Business Results
ArtEstica provides professional services and makes reasonable efforts to deliver work in accordance with the agreed scope.
However, business results can depend on many factors outside our control.
We do not guarantee specific financial, commercial, marketing, technical, or business outcomes unless explicitly guaranteed in a written agreement.
Force Majeure
ArtEstica shall not be responsible for delays or failure to perform caused by circumstances beyond reasonable control.
These may include:
- Natural disasters
- Power failures
- Internet outages
- Cyber incidents
- Government actions
- Wars or conflicts
- Strikes
- Pandemics
- Third-party platform failures
- Other unforeseen events
Changes to These Terms
ArtEstica may update these Terms from time to time.
The updated version will be published on our website with a revised “Last Updated” date.
Your continued use of our website or services after updated Terms become effective may constitute acceptance of the revised Terms.
Governing Law
These Terms shall be governed by the laws of: [Insert Governing Jurisdiction]
Any disputes shall be handled in accordance with applicable law and the jurisdiction specified in a relevant client agreement, where applicable.
Contact Information
If you have questions regarding these Terms of Service, please contact:
ArtEstica
Email: info@artestica.com
Business Address: [Business Address to be Updated]
By using the ArtEstica website or engaging our services, you acknowledge that you have read, understood, and agreed to these Terms of Service.
