TERMS OF USE | DISCLAIMER

Terms of Use for Puchay & Co., LLC Website, Graphic Design Services, & Social Media Services

Effective Date: January 2010

Updated Date: 01/13/2025

Welcome to Puchay & Co. ("we," "us," or "our"). By accessing and using our website at puchay.com (the "Site"), or by engaging with our graphic design services, you (the "Client" or "User") agree to abide by the following Terms of Use ("Terms"). These Terms govern your access to and use of the Site and our services, including any content, functionality, and services offered on or through the Site.

Please read these Terms carefully before using the Site or engaging with our services. If you do not agree to these Terms, you may not access or use the Site or our services.

A.  Eligibility
To use our Site and services, you must be at least 18 years old or have the legal capacity to enter into a contract in your jurisdiction.

B. Personal Use
You may use the Site and its content solely for personal, non-commercial purposes, unless otherwise specified. Commercial use of the Site, without prior written consent, is prohibited.

C.  Account Creation
In order to use certain features of the Site or our services, you may need to create an account. You agree to provide accurate, complete, and current information when creating your account, and to keep this information up to date.

D. License to Use the Site
We grant you a limited, non-exclusive, non-transferable license to access and use the Site solely for your personal use in accordance with these Terms.

A.  Scope of Work
Our graphic design services may include logo design, website graphics, branding, marketing materials, and other creative services. The specific details of each project will be outlined in a separate agreement or proposal (the "Project Agreement").

B. Project Agreement
Before any graphic design work begins, both parties will agree to a Project Agreement/Email Description, Notes, and/or Estimate, which will outline the scope of services, timeline, fees, and any other relevant details. The terms of the Project Agreement take precedence over these Terms in the event of any conflict.

C.  Payment Terms
Payment for graphic design services is due according to the payment schedule outlined in the Project Agreement. We reserve the right to suspend or terminate services if payment is not received on time.

D.  Client Responsibilities
The Client agrees to provide all necessary materials and information for the design work, including branding guidelines, content, or any specific instructions, in a timely manner. Failure to provide these may result in delays or additional fees or services cancelled.

E.  Revisions and Approval
The Client will be entitled to a set number of revisions as outlined in the Project Agreement. Additional revisions or changes beyond the agreed scope may incur additional fees.

F. Ownership of Work
Upon full payment, the Client will own the final deliverables. However, we retain the right to showcase the work in our portfolio and for promotional purposes unless otherwise agreed in writing. All preliminary materials, concepts, and drafts remain the property of Puchay & Co., LLC

G. Intellectual Property
You acknowledge that any design work created by us is protected by copyright, trademark, and other intellectual property laws. We retain ownership of the rights to any concepts, designs, or intellectual property developed until full payment is made.

A. Your Content
By submitting any content (such as images, text, or other materials) to us for design purposes, you represent that you have the necessary rights and permissions to use and share such content. You grant us a non-exclusive, worldwide, royalty-free license to use your content for the purpose of providing our services.

B. Prohibited Content
You agree not to submit any content that is unlawful, infringing, defamatory, obscene, or otherwise violates any rights of third parties or the law.

A. Intellectual Property Ownership
All content on the Site, including but not limited to text, graphics, images, logos, and design elements, are owned by Puchay & Co., LLC, or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content from the Site without our prior written consent.

B. No License to Use Content
Except for the limited license to use the Site for personal purposes, nothing in these Terms grants you a license to use any of our intellectual property or content for any commercial purposes.

Your use of the Site and our services is also governed by our Privacy Policy, which can be accessed on this site. By using the Site or engaging our services, you agree to the terms of our Privacy Policy.

A.  Disclaimer of Warranties
The Site and services are provided on an "as-is" and "as-available" basis. We do not warrant that the Site will be error-free, uninterrupted, or free of viruses or other harmful components.

B. Limitation of Liability
In no event shall Puchay & Co., LLC, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or our services, even if we have been advised of the possibility of such damages.

C. Indemnification
You agree to indemnify, defend, and hold harmless Puchay & Co., LLC, its affiliates, employees, and agents from any claims, losses, liabilities, and expenses (including attorney's fees) arising out of or related to your use of the Site, the content you submit, or your violation of these Terms.

A. Termination by You
You may terminate your use of the Site or our services at any time by discontinuing use of the Site and notifying us in writing > RobbinPuckett@gmail.com

B. Termination by Us
We reserve the right to suspend or terminate your access to the Site and services, without notice, for any reason, including violation of these Terms or lack of payment by you

C. Effect of Termination
Upon termination, any outstanding fees owed to us must be paid, and we will retain ownership of all work created up until that point unless otherwise agreed in writing.

A. Governing Law
These Terms are governed by and construed in accordance with the laws of Indiana, United States, without regard to its conflict of laws principles.

B. Dispute Resolution
Any disputes arising out of or related to these Terms or the use of the Site or services shall be resolved through binding arbitration in the state of Indiana, and the parties agree to submit to the jurisdiction of the courts in the state of Indiana for enforcement of any arbitration award.

We may update or revise these Terms from time to time. Any changes will be posted on this page with an updated "Effective Date." Your continued use of the Site or services after any changes to these Terms constitutes your acceptance of those changes.

If you have any questions or concerns about these Terms, please contact us at:

Puchay & Co., LLC

Indianapolis, IN

robbinpuckett@gmail.com

317.340.4452 

Effective Date: January 2010

Updated Date: 01/13/2025

The services provided by Puchay & Co., LLC, (hereinafter referred to as "We," "Our," or "Us") are intended to offer web design, social media maintenance, and graphic design services to clients in Indiana and the United States of America. By engaging with our services, you acknowledge and agree to the following terms:

1. Service Availability
   All services are subject to availability and may vary depending on project scope, deadlines, and other factors. We reserve the right to modify or discontinue any services at our discretion.
2. Client Responsibility
   Clients are responsible for providing accurate, timely, and complete information and content required for the successful execution of any project. We are not liable for delays or issues caused by incomplete or inaccurate information provided by the client.
3. Third-Party Services
   Our services may involve the use of third-party tools, platforms, or services (e.g., hosting, social media platforms, software integrations). We are not responsible for the performance, availability, or terms of use of these third-party services.
4. Intellectual Property
   All design elements, including but not limited to logos, graphics, and content, will remain the property of Puchay & Co. until full payment is made for the respective project. Upon payment, intellectual property rights may be transferred to the client, depending on the terms outlined in the contract/service agreement. All work created by Us is subject to copyright protection.
5. Content Ownership
   Clients retain ownership of any content they provide (text, images, videos, etc.) to be used in design or social media projects. We are not responsible for any claims related to the infringement of intellectual property or content ownership by third parties.
6. Payment Terms
   All payment terms and schedules are specified in the agreement or contract. Late payments may be subject to additional fees, and services may be paused or terminated until outstanding balances are settled.
7. No Guarantees
   While we strive to deliver high-quality, functional, and aesthetically pleasing web designs, graphics, and social media strategies, we do not guarantee specific results such as increased sales, website traffic, or social media engagement. Client success is dependent on various factors beyond Our control.
8. Limitation of Liability
   To the maximum extent permitted by law, Puchay & Co. will not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of our services, including but not limited to loss of revenue, profits, or data.
9. Confidentiality
   We are committed to maintaining the confidentiality of client information and will not disclose any proprietary or sensitive information without the client’s prior consent, except as required by law.
10. Indemnification
    Clients agree to indemnify and hold harmless Puchay & Co., its officers, employees, and agents from any claims, losses, damages, or expenses arising from their use of our services, including claims of intellectual property infringement.

By engaging with Puchay & Co., you confirm that you have read, understood, and agree to the terms outlined in this disclaimer. For detailed terms and conditions, please refer to the full contract/service agreement, invoice, and/or estimate provided upon initiation of services.

If you have any questions regarding this disclaimer or our services, please contact us directly at robbinpuckett@gmail.com