TERMS OF SERVICE

Acceptance of These Terms

These Terms of Service (the "Terms") govern your access to and use of iconicideation.com (the "Site") and the services that Iconic Ideation LLC ("Iconic Ideation," "we," "us," or "our") provides. By using the Site or engaging us for services, you agree to these Terms.

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

Our Services

Iconic Ideation is a digital branding and marketing agency. Our services may include brand strategy, brand identity and logo design, website design and development, search engine optimization, conversion optimization, ongoing marketing and hosting retainers, and related deliverables. The specific services for any engagement are defined in the quote and Client Services Agreement for that engagement.

Quotes, Agreements, and Order of Precedence

A quote we provide is a proposal, not a binding contract, and remains subject to change until it is accepted. Work begins only under a signed Client Services Agreement (the "Agreement") and, where a deposit is required, once that deposit has cleared.

The Agreement governs the details of each engagement, including scope, deliverables, timelines, and compensation. If anything in these Terms conflicts with a signed Agreement, the Agreement controls for that engagement.

Accounts and Portal Access

Some services require a member account in our client portal. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us promptly of any unauthorized use. We may suspend or end access to protect the security of the portal or for a violation of these Terms or the Agreement.

Fees, Deposits, and Billing

Fees for each engagement are set out in the applicable quote and Agreement. Unless the Agreement states otherwise:

• Project work requires an upfront deposit before work begins, with the balance billed at the milestones defined in the Agreement.
• Ongoing retainer and hosting fees are billed monthly.
• We keep a payment method (a card or a bank account) on file, and you authorize us to automatically charge it for amounts due under the Agreement.
• Applicable sales tax is added where required.
• You are responsible for keeping a valid payment method on file. If a scheduled charge fails, we may attempt a backup method on file and may pause services until payment is resolved.

Payments are non-refundable except as expressly stated in the Agreement or as required by law. A deposit reserves our time and is non-refundable once work has begun.

Your Responsibilities

To deliver our services, we rely on your timely cooperation. You agree to provide accurate information and to supply the materials, content, access, and approvals we reasonably need, within the timeframes set in the Agreement. You represent that you own or have the rights to any content, trademarks, or materials you provide to us, and that our use of them for your project will not infringe the rights of any third party.

Intellectual Property

Ownership of the final deliverables we create for you is governed by the Agreement and typically transfers to you upon full payment. Our pre-existing materials, tools, processes, code libraries, and know-how remain our property.

Unless we agree otherwise in writing, we may display work we create for you in our portfolio and marketing. All content on the Site itself, including our name, logo, and branding, is owned by Iconic Ideation and may not be used without our permission.

Third-Party Services

We use trusted third-party providers to operate our business and deliver services, including payment processing, hosting, authentication, analytics, and email. Your use of certain features may be subject to those providers' terms. We are not responsible for the acts, omissions, or availability of third-party services outside our reasonable control.

Acceptable Use

You agree not to misuse the Site, including by attempting to gain unauthorized access, interfering with its normal operation, submitting false or abusive information, or using it to violate any law. We may limit or end access for misuse.

Disclaimers

We provide our services with professional care. However, to the fullest extent permitted by law, the Site and our services are provided "as is" and "as available," without warranties of any kind, whether express or implied. Marketing, SEO, and design outcomes depend on many factors outside our control, and we do not guarantee any specific result, ranking, traffic level, or amount of revenue.

Limitation of Liability

To the fullest extent permitted by law, Iconic Ideation will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits or revenue, arising out of or relating to the Site, our services, or these Terms. Our total liability for any claim will not exceed the amount you paid us for the services giving rise to the claim during the three months before the event that caused it.

Indemnification

You agree to indemnify and hold harmless Iconic Ideation and its members and personnel from any claims, damages, losses, or expenses arising out of content or materials you provide, your breach of these Terms or the Agreement, or your violation of any law or third-party right.

Termination

Either party may end an engagement as provided in the Agreement. We may suspend or end your access to the Site or portal if you breach these Terms. Provisions that by their nature should survive termination, including payment obligations, intellectual property, disclaimers, limitation of liability, and indemnification, will survive.

Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute relating to these Terms or the Site will be brought in the state or federal courts located in Florida, and you consent to their jurisdiction. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, our services, or applicable law. We will update the "Last updated" date at the top of this page when we do, and we will communicate material changes more prominently. Your continued use of the Site or our services after an update means you accept the revised Terms.

Contact Us

For questions about these Terms, contact us: