Terms and Conditions

Effective date: 10 January 2026

Welcome to Jonny On The Spot! These Terms & Conditions ("Terms") govern your use of our website and the provision of services by Jonny On The Spot  ("we," "us," "our"), a provider of arts and digital marketing services. By engaging us or using our website, you agree to these Terms. Please read them carefully. If you do not agree, do not use our services or website.

SERVICES:

• Scope: We provide creative designs, arts, and digital marketing services as agreed in a written proposal, quote, or statement of work ("SOW"). The SOW describes deliverables, timelines, fees, revision allowances, and other project-specific terms. Any services not in the SOW are out of scope and may incur additional charges.
• Changes: Changes to scope must be documented in a change order or amended SOW. Change orders may affect price and schedule.

PROPOSALS, QUOTES & ACCEPTANCE:

• A signed proposal, written acceptance (including email), or payment of a required deposit constitutes acceptance of these Terms and the applicable SOW.

PAYMENT TERMS:

• Fees: Fees are as set out in the SOW. All fees are exclusive of taxes unless       stated otherwise.
• Deposit: Unless otherwise agreed, projects require a non-refundable deposit of 50% at engagement. The balance is due as specified in the SOW (e.g., upon delivery or according to milestones).
• Retainers: For ongoing services (e.g., monthly marketing), a retainer is billed in advance and is payable per the SOW.
• Late payment: Late payments are subject to a late fee of 1.5% per month (or the maximum permitted by law) and/or suspension of services until payment is current.
• Payment methods: We accept payment by bank transfer, credit card, and PayPal. Client is responsible for any transaction fees.

REVISIONS & APPROVALS:

• Revisions: The number of revisions included is set out in the SOW. Additional revisions will be billed at $50.00/hour or per the SOW.
• Timely approvals: Client must provide timely feedback, approvals, and materials. Delays caused by the client may extend timelines and incur additional fees.

CLIENT MATERIALS & RESPONSIBILITIES: 

• Client-provided materials: Client will provide all text, logos, images, trademarks, and other content ("Client Materials") in appropriate formats and by the deadlines specified. Client warrants it has the right to provide and use these materials.
• Accuracy: Client is responsible for the accuracy and legality of Client Materials. We are not responsible for claims arising from Client Materials.

INTELLECTUAL PROPERTY, LICENSING & OWNERSHIP:

• Pre-existing IP: Each party retains ownership of its pre-existing intellectual property.
• Deliverables: Upon receipt of full payment for the applicable fees, we transfer to the Client ownership of final deliverables as defined in the SOW, except for: (a) any third-party materials licensed for use (stock images, fonts, plugins), (b) our pre-existing proprietary tools, templates, processes, and (c) any deliverables subject to a limited license described in the SOW.
• Third-party assets: If deliverables include third-party assets (stock media, plugins), Client receives only the license permitted by the third-party provider. Additional licensing costs may apply.
• Portfolio & marketing use: Unless Client requests in writing otherwise, we may showcase final deliverables and project descriptions in our portfolio, case studies, and marketing materials.

CONFIDENTIALITY:

• Each party will keep confidential the other's non-public business information delivered in connection with the engagement. Confidential information does not include information that is public, already known, independently developed, or required to be disclosed by law.

WARRANTIES & DISCLAIMERS:

• Performance warranty: We will perform services using reasonable skill and care in accordance with industry standards.
• No guarantees: We do not guarantee specific outcomes (e.g., sales, search ranking, conversion rates). Marketing and arts outcomes depend on many factors beyond our control.
• No legal/financial advice: Our services are not a substitute for legal, tax, or financial advice.
• Disclaimer: Except as expressly set out here, all warranties (express, implied or statutory) are excluded to the fullest extent permitted by law.

LIMITATION OF LIABILITY:

• Except where prohibited by law, our liability to Client for any claim arising out of or relating to these Terms or the services shall not exceed the total fees paid by Client to us under the applicable SOW in the 12 months preceding the claim (or the total fee paid for the specific project, if applicable).
• We will not be liable for special, indirect, incidental, consequential, punitive, or lost-profit damages, even if advised of the possibility of such damages.

INDEMNIFICATION:

• Client will indemnify, defend, and hold us harmless from any third-party claims arising from Client Materials, Client’s misuse of deliverables, or Client’s breach of these Terms.
• We will indemnify Client for claims that arise from our gross negligence or willful misconduct, subject to the liability limitations above.

TERMINATION & CANCELLATION:

• Termination for convenience: Either party may terminate a project in writing. Upon termination, Client will pay for all work performed, expenses incurred, and any non-cancellable commitments. Deposits are generally non-refundable except as otherwise stated in the SOW.
• Termination for breach: Either party may terminate if the other materially breaches these Terms and does not cure within 14 days of written notice.

REFUNDS & DISPUTE RESOLUTION:

• Refunds: Refunds are handled case-by-case and are at our discretion unless otherwise required by law. Deposits and fees for work completed are generally non-refundable.
• Dispute resolution: Parties will first attempt to resolve disputes informally. If unresolved, disputes will be resolved by mediation or arbitration, or via the courts of Massachusetts, United States, as set out in the SOW.

FORCE MAJEURE:

• We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, strikes, internet outages). Affected obligations will be suspended for the duration of the event.

THIRD-PARTY SERVICES & LINKS:

• We may recommend or use third-party services (host providers, ad platforms, analytics). Client’s use of third-party services is subject to that third party’s terms. We are not responsible for third-party performance or errors.

HOSTING, DOMAINS & MAINTENANCE:

• Domains & hosting: If we register domains or provide hosting on Client’s behalf, Client is responsible for renewal costs and compliance with provider terms. We can manage renewals on request for an additional fee.
• Maintenance: Ongoing support and maintenance are provided only if specified in the SOW       or a separate agreement.

DATA PROTECTION & PRIVACY:

• We will process personal data provided by Client in accordance with applicable law and our Privacy Policy. Use of our services may require collection of personal data; Client agrees to comply with applicable data protection laws.

PORTFOLIO & CREDITS:

• Portfolio: Unless Client requests otherwise in writing, we may use project names, logos, screenshots, and descriptions in our portfolio and promotional materials.
• Credits: If applicable, we may ask for credit (e.g., small tag or link). Such credits will not interfere with branding unless otherwise agreed.

ENTIRE AGREEMENTS & AMENDMENTS:

• These Terms, together with the SOW, constitute the entire agreement between the parties regarding the services. Any amendment must be in writing and signed by both parties.

SEVERABILITY:

• If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

GOVERNING LAW:

• These Terms are governed by the laws of Massachusetts, United States. Each party submits to the exclusive jurisdiction of the courts of Massachusetts, United States, unless the SOW specifies an alternate dispute resolution method.

NOTICES:

• Notices must be in writing and mailed to the contact details in the SOW or to: Jonny On The Spot, 599 Old West Central Street, Apt C7, Franklin, MA 02038 (jonnyots12@gmail.com).

CHANGES TO TERMS:

• We may update these Terms from time to time. Material changes will be communicated to existing clients and posted on our website with a new effective date. Continued use of our services after changes constitutes acceptance.

CONTACT:

• If you have questions about these Terms or wish to discuss them, please contact us at: Jonny On The Spot, jonnyots12@gmail.com