Terms & Conditions of Service
Effective Date: 5/5/2025
Legal Entity: Daddy Whoa Creative LLC
Doing Business As (DBA): Brochure Builders
Website: www.brochure-design-service.com
These Terms & Conditions (“Agreement”) govern the provision of all creative, design, printing, and marketing services (“Services”) by Daddy Whoa Creative LLC, DBA Brochure Builders (“Company,” “we,” or “us”), to any individual or entity (“Client” or “you”). By commissioning services, submitting payment, or otherwise engaging with us, you agree to be legally bound by this Agreement.
1. Scope of Work
All work shall be performed as outlined in written proposals, invoices, or other documentation agreed upon by both parties. Changes to project scope must be documented in writing and may affect pricing and delivery timelines.
2. Client Responsibilities
2.1 Accuracy of Content
The Client is solely responsible for verifying all design content, including but not limited to names, addresses, phone numbers, email addresses, URLs, spelling, punctuation, grammar, and layout. We strongly recommend reviewing all digital proofs carefully prior to approval.
2.2 Final Proof Approval
Approval of a digital proof (via email, written communication, or clicking “MAKE DECISION” in our proofing software) constitutes authorization to proceed to print or final delivery. Once approval is received, the project is deemed complete, and the Client assumes full responsibility for all approved content. Changes made after approval may incur additional charges.
3. Design & Production Standards
3.1 Custom Design Process
Each project is custom designed based on the specifications and goals of the Client. While revisions are part of our service process, excessive revisions outside of the agreed scope may be billed at an hourly rate of $90/hour unless otherwise noted in the project agreement.
3.2 Color Matching
We do not guarantee exact color matching between digital proofs and printed output. All print production is done using industry-standard gang-run CMYK processes. Variations may occur due to paper stock, monitor calibration, print batch, and other variables. Color variation within reasonable tolerance is not considered a defect.
4. Payments & Billing
4.1 Deposits & Payment Terms
Unless otherwise stated in writing, a 50% deposit is required to begin any new design project. Final payment is due upon final proof approval and before printing, delivery, or transfer of files. No final print or digital files will be released until payment is made in full.
4.2 Print Orders
All print orders must be paid in full in advance. No changes can be made once a print job is in production. All payments are final once production has begun.
5. Cancellations & Refund Policy
5.1 Design Project Cancellation
If a project is canceled before completion, the Client will be billed for all work completed up to the cancellation date at an hourly rate of $90/hour. If time worked is less than the deposit received, the balance may be refunded (less any applicable administrative or consulting fees up to $150). No refunds will be issued after the Client has approved the design for print or delivery.
5.2 Printed Material Returns
We do not accept returns on printed materials unless the product received is materially different from the approved proof or is damaged in transit. Claims must be submitted in writing within 5 business days of receipt. We may request photos or physical samples before processing any reprints or credits.
6. Shipping & Delivery
6.1 General Shipping Terms
We are not liable for shipping delays, damage, or loss caused by third-party carriers. Delivery timelines begin only after final proof approval and full payment are received. We do not ship to P.O. Boxes. The Client is responsible for providing accurate shipping information at the time of order.
6.2 Estimated Timelines Only
While Brochure Builders strives to meet all target deadlines, no delivery date is ever guaranteed. All timelines provided — whether for design, printing, or shipping — are estimates only. Numerous factors may affect project timelines, including but not limited to:
- Print vendor lead times
- Equipment or supply chain delays
- Third-party carrier delays (e.g., UPS, FedEx)
- Inclement weather or natural disasters
- Acts of God or other force majeure events
Brochure Builders shall not be held liable for any losses, damages, or missed deadlines resulting from delays caused by such circumstances.
6.3 Expedited Print & Shipping Fees
If a Client requests expedited design, production, or shipping, additional fees will apply. These fees ensure the project is processed on a rush basis and submitted to third-party printers and/or carriers for expedited handling, but do not guarantee in-hand delivery by a specific date.
Expedited fees are non-refundable once the service has been ordered or submitted to the vendor. Brochure Builders will closely monitor all expedited orders and provide shipping updates when available.
6.4 Limitation of Liability for Expedited Services
By electing expedited service or shipping:
- The Client acknowledges that Brochure Builders is not responsible for missed deadlines or delays once a project is submitted to a printer or carrier.
- The Client understands that Brochure Builders only guarantees the expedited process — not the final delivery date.
- The Client waives any claim for damages, refunds, or compensation arising from delayed deliveries, even when expedited services are purchased.
Should any portion of an expedited fee be refunded by a third-party vendor, Brochure Builders will pass that refund along to the Client.
6.5 Shipping Requirements
All orders must be shipped to a valid physical address. We do not ship to P.O. Boxes. All deliveries are made via reputable third-party carriers such as UPS or FedEx. Clients are responsible for providing accurate shipping addresses and promptly reporting delivery issues within 5 business days of the scheduled delivery date.
7. Intellectual Property
7.1 Ownership
Brochure Builders retains full ownership of all original design files, concepts, drafts, and working files created during the course of the project unless otherwise agreed in writing.
7.2 License of Use
Upon final payment, the Client is granted a non-exclusive, non-transferable license to use the final design deliverables for their intended purpose. The Client may not resell, sublicense, or reuse the design for other purposes without written consent.
7.3 Portfolio Rights
We reserve the right to display completed projects, including your company name and branding, for promotional purposes in our portfolio, website, marketing materials, and social media unless a non-disclosure agreement is in place.
8. Limitations of Liability
Under no circumstances shall Brochure Builders or Daddy Whoa Creative LLC be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of business, revenue, or data. Our liability is limited solely to the amount the Client paid for the specific project or service.
9. Dispute Resolution & Governing Law
This Agreement shall be governed by and construed under the laws of the State of Texas without regard to its conflict of laws principles. Any legal actions must be filed in a court of competent jurisdiction located in or nearest to The Woodlands, Texas, where our business is based. The prevailing party in any dispute shall be entitled to reasonable attorney’s fees and costs.
10. Acceptance of Terms
By making payment, placing an order, or requesting design work, the Client acknowledges and agrees to all the terms and conditions contained herein. These terms may be updated from time to time and will be made publicly available at https://www.brochure-design-service.com/terms.
