Legal

Terms of Service

Effective date: September 30, 2026
Last updated: October 2, 2026

Please read these Terms of Service carefully. They explain how we work together, how payments work, who owns what, and the limits of our responsibility. They include a limitation of liability (Section 27) and a waiver of jury trial (Section 33), and they require disputes to be handled in Hillsborough County, Florida (Section 33).

1. About these Terms

These Terms of Service ("Terms") are a legal agreement between you and Dunieski Enterprises LLC, a Florida limited liability company doing business as Dunieski Designs ("Dunieski Designs," "we," "us," or "our"), a brand, web design, and marketing studio based in Tampa, Florida.

These Terms apply to:

Our website at dunieskidesigns.com and any subdomains or related pages.
Our client portal.
Consultations, brand audits, proposals, and quotes.
All brand design, website, marketing, AI content, maintenance, and related services we provide.
Emails, calls, messages, and other communication related to any of the above.

Together, these are called the "Services."

How you agree: You accept these Terms when you do any of the following: use our website, submit a form, book a consultation, approve a Proposal, pay an invoice or deposit, start a Monthly Plan, or use the client portal. We may also ask you to confirm that you accept these Terms directly, such as by checking a box before you pay, signing a Proposal, or replying by email. Either way, these Terms apply.

Businesses: If you use the Services on behalf of a business or organization, you confirm that you have authority to accept these Terms for it. In that case, "you" means both you and that business, and you and the business are each fully responsible (jointly and severally) for paying all amounts owed under these Terms.

If you do not agree to these Terms, please do not use the Services.

2. Definitions

To keep these Terms clear, the following words have these meanings:

"Client" means the person or business receiving Services from us.
"Proposal" means a written proposal, quote, estimate, statement of work, or agreement that we send you by email, through the client portal, or through our payment or invoicing system, and that describes a specific project. If you buy a package directly from our pricing or payment page, the package description shown on that page when you paid is your Proposal for that project. Texts, direct messages, calls, and conversations are not Proposals.
"Invoice" means a request for payment we send you. An invoice sets an amount and a due date. It does not change the scope of work in a Proposal.
"Deliverables" means the final work we create and deliver to you under a Proposal, such as logo files, brand guidelines, website files, graphics, or videos.
"Drafts" means sketches, concepts, mockups, early versions, and any work we show you that is not the final approved version.
"Client Materials" means anything you give us to use in a project, such as logos, photos, videos, text, brand assets, product information, likenesses, account access, and data.
"Monthly Plan" means any Service billed on a recurring monthly basis, such as maintenance, retainers, and marketing plans.
"Third-Party Assets" means fonts, stock photos, icons, music, plugins, templates, software, and other materials owned by someone else.
"Paid in full" means we have received every amount owed for the project or Service, and no payment for it has been reversed, refunded by your bank or card company, disputed, or charged back.

In these Terms, "including" means "including but not limited to." "Days" means calendar days unless we say business days. Times are U.S. Eastern Time. "In writing" includes email.

3. Eligibility

You must be 18 or older and able to form a binding contract to use our Services, hire us, sign an agreement with us, or use the client portal. Our Services are intended for business and professional use, and you confirm that you are hiring us for business purposes, not for personal, family, or household purposes. By using the Services, you confirm that the information you give us is true and complete.

4. Consultations and free brand audits

Consultations: Consultation calls are free and carry no obligation. They are for discussing your goals and whether our Services fit. Anything discussed on a call, including by anyone who helps us with sales or scheduling, is not a binding commitment until it is written in a Proposal.
Free brand audits: If you request a free brand audit, we will review your publicly available brand materials, such as your website and social media, and send you our observations. Audits are general opinions for your information only, based on what we can see when we review them. They are not a guarantee of results or professional legal, financial, or business advice. We may limit free audits to one per business and may decline any request.
Work we show you before you hire us: Audits, mockups, sample designs, concepts, and Proposals we share before you hire us remain our property. You may not use them, copy them, or give them to someone else to build unless you hire us for that work.
Scheduling: Please arrive on time for scheduled calls. If you need to reschedule, let us know at least 24 hours in advance. We may decline to rebook after repeated no-shows.

5. Proposals and scope of work

Proposals come first: Before paid work begins, we will give you a Proposal describing the work, Deliverables, price, payment schedule, and estimated timeline.
Order of priority: If a Proposal conflicts with these Terms, the Proposal controls for that project, but only on the specific point where they conflict. Anything the Proposal does not cover is governed by these Terms. If two Proposals for the same project conflict, the most recent one you approved controls.
Your paperwork: Terms in purchase orders, vendor forms, or other documents you send us do not apply unless we specifically agree in writing that they change these Terms.
Who can make promises: Only a Proposal or an email from us can change prices, scope, or deadlines. No salesperson, partner, subcontractor, or other person who helps us can make promises for us or change these Terms.
Website descriptions: Package and tier descriptions on our public website are general summaries. The exact scope of your project is only what is written in your Proposal.
Quote validity: Quotes are valid for 30 days from the date sent unless the Proposal says otherwise. After that, prices and availability may change.
Price errors: If a price or description on our website, pricing page, or in a Proposal contains an obvious error, such as a typo, we may correct it. If you already paid, you may choose to continue at the corrected price or get a full refund of what you paid for that item.
Changes to scope: If you want to add, remove, or change work after a Proposal is approved, we will tell you how it affects the price and timeline. Changes begin once you approve them in writing. Work outside the Proposal is billed separately, at the price we give you before starting it.
Right to decline: We may decline any project for any reason, including if we believe it is not a good fit or would violate these Terms.

6. Communication

Official channel: Email is our official channel for project decisions, approvals, and notices. Approvals, feedback, and instructions you send us in writing through any channel, including text or direct message, are binding on you. Changes to price, scope, or deadlines are binding on us only when they are in a Proposal or confirmed by us by email.
Our email: You can reach us at dunieski@dunieskidesigns.com.
Response times: We aim to reply to messages within 1 to 2 business days. Business days are Monday through Friday, excluding U.S. holidays. Messages sent on weekends or holidays will be answered on the next business day.
Electronic communications: You agree that we may communicate with you electronically, and that notices, agreements, and approvals sent by email or through the client portal meet any legal requirement that they be in writing.
Respectful communication: We may pause or end work with anyone who is abusive, threatening, or harassing toward us or anyone working with us.

7. Payments

Payment processors: Payments are processed by third parties, such as Stripe or Square. By paying, you also agree to the processor's terms. We do not store your full card or bank details.
Deposits: Work begins only after any deposit stated in your Proposal or invoice is received. Deposits are non-refundable, because they reserve our schedule and cover planning and early work. The only exceptions are listed in Section 9.
Payment schedule: Payment schedules (for example, deposit plus final payment, or milestone payments) are set in your Proposal.
Due dates: Invoices are due on the date shown on the invoice. If no date is shown, payment is due within 7 days of the invoice date.
Late payments: If a payment is late, we may:
- Pause all work until the balance is paid.
- Withhold Drafts, Deliverables, and files.
- Suspend websites, hosting, portal access, or other services we manage for you. We will give you at least 5 days' notice by email before we take a live website offline.
- Charge a late fee of 1.5% per month on the overdue balance, or any different late fee stated on your invoice, but never more than the law allows.
- Move unpaid balances to collections. You agree to pay reasonable collection costs, and attorney's fees as described in Section 33, if we must take action to collect.
Final files: Final Deliverables and source files are released only after the project is paid in full. For websites, final payment is due before launch (see Section 19).
Reversed payments: If a payment is reversed, refunded by your bank or card company, disputed, or charged back, the work it covered is treated as unpaid.
Taxes and fees: Prices do not include sales tax or other taxes unless stated. You are responsible for any taxes that apply and for any fees your bank or payment method charges you.
Currency: All prices are in U.S. dollars.
Chargebacks: If you have a billing concern, please contact us first and give us at least 10 business days to resolve it before you file a payment dispute. If you file a chargeback or payment dispute for work that was delivered as agreed:
- We may stop all work.
- Any transfer of ownership or license for the work that payment covered is canceled until it is paid in full (see Section 15).
- You agree to repay the disputed amount plus any fees we are charged.
- You agree that we may give the payment processor your Proposal, these Terms, records of your acceptance, our communications, and proof of delivery to respond to the dispute.

8. Monthly Plans and retainers

Automatic billing: Monthly Plans renew automatically every month and charge your saved payment method each month until canceled. You authorize these recurring charges when you start a Monthly Plan. Your Proposal or checkout page shows the monthly price, any minimum term, and how to cancel. Monthly fees are billed in advance and are not prorated.
Minimum term: Monthly Plans with a minimum term (for example, 3 months) must be paid for the full minimum term, even if you stop using the Services early or cancel before it ends. Your monthly price will not increase during your minimum term.
Canceling: You may send a cancellation notice by email at any time. Your plan ends at the later of (a) the end of your minimum term, or (b) the end of the billing cycle that includes the 30th day after we receive your notice. You will be billed through that date. We will confirm your cancellation by email. If you do not receive our confirmation within 2 business days, please contact us again.
Monthly allowances: Each Monthly Plan includes a set amount of work each month, as described in your Proposal or package. Unused work does not roll over to the next month and is not refunded, unless your Proposal says otherwise.
Requests beyond your plan: Requests beyond your monthly allowance may be quoted and billed separately, or moved to the next month.
Failed payments: If a monthly payment fails, we will try to contact you. Work may be paused until payment is made. After 14 days of non-payment, we may cancel the Monthly Plan. If we do, the fees for the rest of your minimum term become due right away.
Price changes: After your minimum term, we may change Monthly Plan prices with at least 30 days' notice by email. New prices apply from your next billing period after the notice. If you do not want the new price, you may cancel by email before it takes effect, and your plan will end at the end of your current billing period.
Pausing a plan: Pausing a Monthly Plan is only possible if we agree in writing.
Monthly work you own: Content and other Deliverables made under a Monthly Plan transfer to you under Section 15 once that month's fee, and all earlier fees, are paid in full.

9. Refunds

Because our work is custom, creative, and based on time we reserve for you:

Payments are non-refundable once work has started, including if you change your mind, no longer need the work, or decide to go another direction. Work has started once we have begun any planning, research, or design for your project.
If we cancel a project before any work has started, we will refund all payments made for that project, including your deposit, minus any payment processing fees.
If we end a project early for reasons that are not your fault, we will refund any amount you paid for work we have not yet started.
If you choose a refund after we correct a price error (see Section 5), we will refund what you paid for that item.
Other than in the three situations above, deposits are non-refundable.
Nothing in this section limits any refund right you have that cannot be waived under law.

10. Timelines

Estimates, not guarantees: Delivery times on our website and in Proposals are good-faith estimates. They are not guaranteed deadlines unless your Proposal specifically says so.
When timelines start: Timelines start once we receive your deposit and all the Client Materials we need to begin. We will tell you what we need.
Your part matters: Timelines depend on you providing content, feedback, access, and approvals on time. Delays on your side will extend the timeline, and we may need to reschedule your project around other client work.
Delays outside our control: We are not responsible for delays caused by you, third-party services, platforms, printers, or events described in Section 31.
Rush requests: Faster turnaround may be available for an additional fee, if our schedule allows.

Paused and inactive projects:

If we do not receive a needed response, content, or approval from you for 30 days, we may pause the project.
If a project stays inactive for 60 days, we may close it. Payments already made are kept for work completed and time reserved, and you still owe for work completed up to the closing date, as described in Section 29.
Restarting a closed project may require a new Proposal, a new deposit, and a new timeline.

11. Revisions and approvals

Revision rounds: Each Deliverable includes the number of revision rounds stated in your Proposal or package. If none is stated, 2 rounds are included.
What a round is: One revision round means one set of combined, written feedback on the current version. Please gather all feedback, including feedback from partners or team members, into one message per round. Feedback sent in many separate messages may count as multiple rounds.
What counts as a revision: Revisions are changes that refine the agreed direction, such as adjusting colors, layout, spacing, or wording. If it is unclear whether a request is a revision or new work, we will decide in good faith and tell you before doing any billable work.
What is new work: New concepts, a new direction, added Deliverables, added pages, or changes to work you already approved are new work and are billed separately.
Extra revisions: Revisions beyond the included rounds are billed at our current rate or as quoted.
Approvals: Approving a Deliverable in writing, including by email, text, form, or the client portal, means you accept it as final. Using a Deliverable publicly, such as launching it, printing it, or posting it, also counts as approval. Changes after approval are billed as new work.
No response: If you do not respond to a delivered Draft or Deliverable within 14 days, we will send you a reminder. If you still do not respond within 7 days after the reminder, it is treated as approved.
Your final check: You are responsible for proofreading and checking everything before you approve it, including spelling, names, phone numbers, emails, addresses, prices, dates, license numbers, and legal wording. We are not responsible for errors in work you approved.

12. Your responsibilities

You agree to:

Give us accurate, complete information about your business and goals.
Provide the Client Materials we need, in a usable format, on time.
Respond to questions, Drafts, and requests for approval within a reasonable time.
Name one main contact person who can give feedback and approvals for your business. We may rely on approvals and instructions from that person and from anyone else you tell us in writing is authorized.
Keep your own accounts, passwords, domains, and payment methods up to date.
Make sure your business, products, services, and any claims in your materials follow the laws, licensing rules, and advertising rules that apply to your industry. For example, real estate advertising often must follow fair housing laws and brokerage advertising rules, such as showing your brokerage name, and lending, health, and financial businesses often have specific advertising and disclosure rules. We are not responsible for knowing or checking these rules for you.
Take responsibility for your own website's privacy policy, terms, cookie notices, and form consent language, and for getting any consent the law requires before you call, text, or email people who contact you through your website or forms. If we add template legal language at your request, you are responsible for having it reviewed and making sure it fits your business.

13. Client Materials

Your rights: You confirm that you own, or have written permission to use, all Client Materials you give us, and that our use of them for your project will not violate anyone's copyright, trademark, privacy, publicity, or other rights.
Likenesses: If Client Materials include a person's photo, video, voice, or name, you confirm that you have that person's permission for us to use it in your project.
Our permission to use them: You give us permission to use, copy, edit, and adapt Client Materials only as needed to provide the Services and, as described in Section 17, to show the finished work.
Your responsibility: You are responsible for any claims related to Client Materials, and you agree to cover our costs if a claim is made against us because of them (see Section 28).
Quality: Final quality depends in part on the quality of the Client Materials you provide, such as low-resolution photos or unclear logos.
Passwords: When possible, give us access through each platform's user or team features instead of sharing your password. If you do share a password with us, change it when our work ends.

14. Written content and copy

Unless your Proposal includes copywriting, you are responsible for providing the text used in your project.
If we write or edit copy for you, it is based on the information you give us. You are responsible for checking that it is accurate, true, and legally compliant before you approve it.
We do not provide legal, financial, tax, or regulatory advice, and nothing we write should be treated as such.

15. Ownership of work

Final Deliverables: Once your project is paid in full, we assign (transfer) to you our ownership rights in the final approved Deliverables created specifically for you, such as your final logo and final design files, to the extent we hold those rights (see Section 22 for AI-generated content). You may then use, change, and reproduce them however you want. If you ask, we will sign a short written confirmation of the transfer.
Before full payment: Until your project is paid in full, all work, including Drafts and Deliverables, remains the property of Dunieski Designs, and you have no right to use it.
Reversed payments: If a payment is reversed, refunded by your bank or card company, disputed, or charged back, any transfer of ownership or license for the work that payment covered is canceled, and those rights return to us until the balance is paid in full.
Drafts and unused concepts: Drafts, sketches, and concepts you did not choose remain the property of Dunieski Designs. We may reuse, adapt, or repurpose them for other work.
Source and working files: Working files (such as layered design files) are included only if your Proposal or package lists them. Otherwise, they may be provided for an additional fee.
Our tools and know-how: We keep ownership of our own methods, processes, templates, code libraries, frameworks, and general skills and knowledge, even if they are used in your project. Where these are built into your Deliverables, you receive a permanent, non-exclusive right to use them as part of those Deliverables once they are paid in full. You may transfer this right only together with those Deliverables.
Third-Party Assets: Some Deliverables may include Third-Party Assets. These are licensed, not owned, and are subject to their own license terms. You are responsible for any license fees, seat licenses, or renewals needed for your continued use, unless your Proposal says we cover them. Assets licensed through our own accounts or subscriptions stay with us, so if you need them after our work ends, you must get your own license. We will tell you about major Third-Party Assets used in your project where practical.
Trademarks: We do not perform trademark searches or guarantee that a logo or name can be registered or is free from conflict with others. We recommend having a trademark attorney check your name and logo before you invest heavily in them.

16. File delivery, storage, and backups

Delivery: Final files are delivered by download link, shared folder, email, or the client portal.
Download promptly: Please download and save your files when delivered. Download links may expire.
Storage: We may keep project files for a reasonable period after a project ends, but we are not required to store them forever. After 12 months, we may delete them.
File recovery: If you need files again after delivery, we will help if we still have them. We may charge a fee for recovery, reformatting, or re-exporting.
Your backups: You are responsible for keeping your own copies of your files, content, and data.

17. Portfolio and promotion

Unless we agree otherwise in writing, we may display work we created for you in our portfolio, website, social media, proposals, awards submissions, and marketing, and describe our role in it. We will not show work before it has launched or been made public, unless you agree.
If you prefer not to be identified, tell us in writing. We will change or remove your name, contact details, and other identifying information when we show the work.
We may include a small credit, such as "Website by Dunieski Designs," in the footer of websites we build, unless your Proposal says otherwise. You may ask us to remove it once your project is paid in full.
We will not share your confidential information.
We will not publish your testimonial, review, name, photo, or likeness as an endorsement without your permission.

18. Confidentiality

Your information: We will keep private any non-public business information you share with us for your project, and use it only to provide the Services. We may share it only with subcontractors and service providers who need it to do the work, when required by law, to protect our rights or respond to a payment dispute, or as part of a sale or transfer of our business to a buyer who agrees to keep it confidential.
Our information: You agree to keep our pricing, Proposals, processes, and private links (such as our pricing, payment, and portal pages) confidential, and not to share them publicly.
Exceptions: Confidentiality does not apply to information that is already public, that you or we already knew, or that is received from someone else without a confidentiality duty.

19. Websites, hosting, and technical services

Third-party platforms: Websites and technical services depend on outside providers, such as hosting companies, domain registrars, content management systems, form services, payment processors, and email services. We are not responsible for their outages, errors, security incidents, price changes, feature changes, or policy changes.
Uptime: We do not guarantee that any website, portal, form, or hosted service will be available at all times or free of errors or bugs.
Browsers and devices: We build websites to work on current versions of major browsers and devices. We cannot guarantee identical appearance or behavior on every browser, device, or screen size, especially older ones.
Domains and accounts: Where possible, domains, hosting, and third-party accounts should be registered in your name and paid by you. You are responsible for renewals, fees, and keeping login details secure. If we register something on your behalf, we will transfer it to you after full payment on request.
Launch: Final payment is due before a website launches. A website is considered delivered when it is live, or when we provide it ready to go live and you delay launching it. If you delay launch for more than 14 days after we tell you the website is ready, final payment is due anyway.
Post-launch support: Post-launch support covers fixing errors in the work we built, for the period stated in your package or Proposal, or for 14 days after launch if no period is stated. An error means something that does not work the way the approved design or Proposal describes. Post-launch support does not include new features, new content, changes in direction, or problems caused by changes made by others.
Maintenance: Ongoing updates, security updates, content changes, and support are included only if you have a maintenance Monthly Plan or your Proposal includes them. Other requests are billed separately.
Hosting on our accounts: If we host your website, forms, or data on our own accounts, hosting is included only while your Monthly Plan is active or for the period stated in your Proposal. When it ends, you will have 30 days to move your website, and we will provide your files as described in "Leaving us" below. After those 30 days, we may take the website offline and delete it.
Your visitors' information: Information collected through your website or forms, such as leads, belongs to you. We handle it only to provide the Services to you. If we learn that it was accessed without permission while in our care, we will tell you promptly and within the time the law requires.
Changes by others: If you, your staff, or another developer changes your website, code, plugins, or settings, we are not responsible for problems caused. Fixing them may be billed as new work.
Accessibility: We make reasonable efforts to follow common accessibility practices. Unless your Proposal specifically includes an accessibility audit or a stated accessibility standard, we do not guarantee that any website meets every accessibility standard or law, and you are responsible for any legal accessibility requirements that apply to your business.
Security: We take reasonable steps to build secure websites, but no website is completely secure. We are not responsible for hacking, malware, data loss, or breaches caused by third parties or by weak passwords or practices on your side.
Leaving us: If you move your website to another provider, we will provide your files and reasonable handover help after all balances are paid. Extensive transfer or migration work may be billed separately.

20. Print production

If a project includes printed items (such as business cards, signs, or vehicle wraps), you must approve a final proof before printing.
Colors on screen may look different in print, and results can vary between printers and materials. Minor variations in color, cut, and finish are normal.
If a third-party printer is used, we are not responsible for their errors, delays, or shipping issues, though we will help you work with them to fix problems.
Printing costs, shipping, and installation are not included unless your Proposal says so.
We are not responsible for damage to vehicles, walls, windows, or other surfaces caused by installing or removing printed items, such as wraps, decals, and signs.

21. Marketing, advertising, SEO, and results

No guaranteed results: We work to create effective brands, websites, and marketing, but we do not guarantee any specific results, including search rankings, traffic, leads, sales, followers, views, engagement, ad performance, or revenue.
Why: Results depend on many factors outside our control, such as search engine and social media algorithms, your market, competitors, pricing, budget, timing, and how your business follows up with leads.
Examples: Any examples, estimates, case studies, or projections are for illustration only.
Ad spend: Advertising budgets paid to platforms (such as Meta, Google, or TikTok) are not included in our fees. You pay those platforms directly unless your Proposal says otherwise, and you are responsible for your ad accounts and billing.
Platform rules: Social media and advertising platforms may reject, limit, or remove content or accounts under their own rules. We are not responsible for platform decisions, but we will help adjust content where practical.
Account access: If you give us access to your social media, advertising, or website accounts, you remain the owner of those accounts. You may remove our access at any time, and you should do so when our work ends. Accounts we create for you are yours, and we will transfer full control to you after full payment on request.
Posting approval: Content we post for you under a Monthly Plan follows the content plan you approve. You are responsible for telling us promptly about anything you do not want posted.

22. AI-generated content

Some Services, including our AI Marketing services, use artificial intelligence tools to help create images, video, audio, and text. By using these Services, you understand and agree that:

Human direction: AI-assisted work is directed and reviewed by our studio before delivery.
Similarity: AI-generated content may resemble other content created with AI tools. We cannot guarantee it is completely unique.
Protection: AI-generated content may not be eligible for copyright or trademark protection in some cases. The law in this area is still developing, and we make no promise that AI content can be registered or enforced against others.
Labeling: Some platforms require AI-generated content to be labeled. You are responsible for following the rules of the platforms where you publish content. We may label content as AI-generated where required or appropriate.
Real people: We will not create content using a real person's face, voice, or likeness without that person's written consent. You must obtain and keep that consent for any person you ask us to include, and provide proof on request.
No misleading content: We will not create AI content designed to impersonate a real person or mislead viewers about facts, and we may decline requests we believe cross this line.
Property images: We will not edit property photos or videos in ways that misrepresent a property's condition or features. If we virtually stage or enhance property images, you are responsible for labeling them as your MLS, brokerage, and the law require.
Your review: You are responsible for reviewing AI content for accuracy, fairness, and suitability before you publish it.
AI tool terms: Some AI tools set their own rules on how their output may be used. We use tools that allow commercial use, and we will tell you if a tool's rules limit how you can use your Deliverables.
Tool changes: AI tools change often. We may switch or update the tools we use at any time, which may affect the style or process of future work.

23. Client portal and accounts

Invitation only: Access to the client portal is by invitation only.
Signing in: The portal uses your email address to sign in. You are responsible for keeping access to your email account secure and for all activity under your access.
Report problems: Tell us right away if you believe your access has been misused.
For convenience: Project status, progress, and updates in the portal are provided for your convenience. If anything in the portal differs from your Proposal or invoice, the Proposal and invoice control.
Ending access: We may suspend or end portal access at any time, including when a project ends or a payment is overdue.

24. Acceptable use

When using the Services, you agree not to:

Break any law or violate anyone's rights.
Ask us to create content that is illegal, deceptive, defamatory, hateful, harassing, sexually explicit, or that infringes someone else's intellectual property.
Ask us to copy another company's logo, brand, or website.
Try to access accounts, data, or areas of the Services that are not yours.
Interfere with, damage, overload, or attempt to hack the Services.
Copy, scrape, frame, or resell our website content, designs, or materials without permission.
Use our website content, designs, or materials to train artificial intelligence models.
Submit spam, false information, or automated submissions through our forms.

We may refuse, pause, or end any project or request that we believe violates these rules.

25. Our website content

Our website, name, logo, text, graphics, portfolio images, and other content belong to Dunieski Designs or our clients and licensors, and are protected by copyright and trademark law. You may view our pages and share links to them. You may not copy, reuse, or sell our content without written permission.

26. Disclaimers

Our promise: We will perform the Services in a professional manner, consistent with generally accepted industry standards. If a Deliverable does not match what your Proposal describes, tell us in writing and we will fix it. If we cannot fix it within a reasonable time, we will refund the amount you paid for that Deliverable. To the extent the law allows, this is your only remedy for work that does not match your Proposal.

Except for the promise above, the Services are provided "as is" and "as available." To the fullest extent allowed by law, we disclaim all other warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that:

The Services will be uninterrupted, timely, secure, or error-free.
Any Deliverable will meet requirements that are not written in your Proposal.
Any result, ranking, or outcome will be achieved.

27. Limitation of liability

Please read this section carefully. It limits what you can recover from us. To the fullest extent allowed by law:

No indirect damages: Dunieski Designs is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenue, data, business opportunities, or goodwill, even if we were told they were possible.
Liability cap: Our total liability for all claims related to the Services or these Terms is limited to the amount you paid us under the Proposal for the project or Service that gave rise to the claim. For Monthly Plans, it is limited to the fees you paid in the 3 months before the claim arose.
What these limits do not cover: These limits do not apply to liability that the law does not allow us to limit, such as liability for fraud, gross negligence, or intentional misconduct. They also do not limit your duty to pay us or your duties under Section 28.
Tell us promptly: If you believe we did something wrong, please tell us in writing as soon as you notice it, so we have a chance to fix it.

Some places do not allow certain limits on liability, so some of these limits may not apply to you.

28. Indemnification

You agree to defend, indemnify, and hold harmless Dunieski Designs and its owners, members, managers, contractors, and partners from any claims, losses, damages, fines, and costs (including reasonable attorney's fees) arising from:

Client Materials, content, or instructions you provide.
Your use of the Deliverables or Services.
Your business, products, services, advertising, or claims.
Your violation of these Terms, any law, or any third-party right.

We will let you know about any such claim and may choose our own legal counsel at your expense.

29. Ending the relationship

By either of us: Either of us may end a project by giving written notice by email.
What you owe: If a project ends early, you pay for all work completed and time reserved up to the end date, plus any non-refundable deposits and costs already incurred (such as licenses or printing). Unless your Proposal says otherwise, once we have delivered first concepts or a first draft, at least 50% of the project price is owed, and once we have delivered final versions for approval, 100% is owed. Monthly Plans remain subject to their minimum term and notice period.
What you receive: You receive Deliverables only for work that has been fully paid. Drafts and unpaid work remain our property.
Immediate suspension: We may end or suspend the Services right away if you break these Terms, fail to pay, or act abusively toward us or anyone working with us.
What continues: Sections that by their nature should continue after the relationship ends (including payment, ownership, confidentiality, disclaimers, limitation of liability, indemnification, and disputes) will continue.

30. Independent contractor and subcontractors

Dunieski Designs is an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship. We control how, when, and where we perform the work. We may use subcontractors and service providers to help deliver the Services, and we remain responsible for our obligations to you.

31. Events outside our control

We are not responsible for delays or failures caused by events outside our reasonable control, such as hurricanes, severe weather, natural disasters, power or internet outages, illness or emergencies, government actions, labor disputes, or failures of third-party services and platforms. If such an event continues for more than 30 days, either of us may end the affected project, and you will pay for work completed up to that point. These events do not excuse any payment you owe.

32. Feedback and referrals

Feedback: If you give us suggestions or feedback about our Services, we may use them freely without any obligation to you.
Referrals: Referral rewards or discounts, if offered, are described separately and may change or end at any time.

33. Disputes and governing law

Talk first: If a dispute comes up, we both agree to first try to resolve it informally. The person raising the dispute will describe it in writing by email, and we will both make a good-faith effort to resolve it for at least 30 days. This step is not required before either of us files a claim to collect unpaid amounts or to stop unauthorized use of work or confidential information.
Governing law: These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict of law rules.
Where disputes are heard: If a dispute is not resolved informally, any legal action must be brought only in the state or federal courts located in Hillsborough County, Florida. You agree to the jurisdiction of those courts.
Small claims: Either of us may bring a qualifying claim in small claims court in Hillsborough County, Florida.
Individual claims: Claims must be brought individually and not as part of a class or group action, to the extent allowed by law.
Attorney's fees: In any lawsuit or other legal proceeding about these Terms or the Services, the party that wins may recover its reasonable attorney's fees and costs from the other party.
Jury trial waiver: To the extent allowed by law, you and we each give up the right to a trial by jury in any lawsuit about these Terms or the Services.

34. General terms

Entire agreement: These Terms and any Proposal are the full agreement between us about the Services, and replace any earlier discussions or agreements about the same subject. Our Privacy Policy explains how we handle personal information, but it is not part of this agreement.
No outside promises: You are not relying on any statement, promise, estimate, or projection that is not written in these Terms or your Proposal, including anything said on a call or by anyone who helps us with sales.
Severability: If any part of these Terms is found unenforceable, it will be changed only as much as needed to make it enforceable, and the rest stays in effect.
No waiver: If we do not enforce a part of these Terms, that does not mean we give up the right to enforce it later.
Assignment: You may not transfer your rights or duties under these Terms without our written consent. We may transfer ours as part of a sale, merger, or reorganization of our business.
Notices: We may send notices to the email address you gave us, and they are received when sent unless a delivery failure message is returned. You may send notices to dunieski@dunieskidesigns.com, and they are received when we receive them. We confirm cancellation notices by email (see Section 8).
Electronic signatures: Approvals, acceptances, and signatures made by email, online form, payment, or the client portal are valid and binding.
Headings: Section headings are for convenience only and do not change the meaning of these Terms.
How these Terms are read: These Terms will not be interpreted against either of us because one of us wrote them.
Language: These Terms may be provided in English and in Spanish. If there is any difference between the two versions, the English version controls.

35. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top of this page.

Changes apply to new projects and Services from the date they are posted.
Projects already underway continue under the Terms in place when their Proposal was approved, unless you agree otherwise.
For active Monthly Plans, significant changes apply from your next billing period after we notify you by email.

We keep copies of past versions of these Terms, and you can ask us for the version that applies to your project. Your continued use of the Services after an update means you accept the updated Terms.

36. Contact us

Dunieski Designs
A business name of Dunieski Enterprises LLC
Tampa, Florida
Email: dunieski@dunieskidesigns.com
Website: dunieskidesigns.com