Welcome to BERNII GRAPHICS.

These Terms of Service govern your access to and use of our website at https://www.berniigraphics.com (the “Site”) and any services we provide through the Site (collectively, the “Services”).

By using the Site or Services, you agree to these Terms. If you disagree with any part of these Terms, you must not use the Site or Services.

1. Eligibility & Acceptance

1. You affirm that you are at least the age of majority in your jurisdiction (or older) and have capacity to enter into contracts.

2. By using the Site or Services, you agree to these Terms and any policies referenced herein (such as Privacy Policy).

3. We may refuse access or suspend use of the Site or Services by you at any time, for any reason, with or without notice.

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2. Services & Deliverables

1. We may offer design, branding, web development, consulting, or related services as described on the Site.

2. Any deliverables (e.g. graphic files, source files, branding assets) provided to you as part of the Services remain subject to ownership and licensing terms described in a separate agreement (e.g. quote, contract, project agreement).

3. Unless otherwise agreed in writing, we grant you a nonexclusive, nontransferable, revocable license to use the deliverables for the agreed purpose only.

4. We reserve the right to refuse any project or work that conflicts with our policies or values, including ethical concerns or violations of law.

3. Payment, Fees & Refunds

1. Fees for Services will be as set in your quote, invoice, or project agreement.

2. You agree to pay all amounts due in a timely manner and any additional expenses (e.g. third-party costs, software licensing, stock imagery) incurred to complete the work.

3. Invoices not paid by their due date may accrue interest (e.g. at a rate of 1.5% per month) or a late fee, or we may suspend further work.

4. Refunds, if any, will be at our discretion and according to the project agreement.

5. You are responsible for all taxes (e.g. sales, VAT) associated with the Services, except those imposed on us by law.

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4. Intellectual Property

1. Our Ownership. Unless otherwise agreed, all intellectual property rights in underlying designs, templates, code libraries, tools, and materials that preexist or are developed outside your project remain our property (“Pre-existing IP”).

2. Your Rights. Upon full payment, we may grant you rights in the deliverables you commissioned, as specified in the project agreement (e.g. exclusive use, license).

3. Reservation of Rights. All rights not expressly granted herein are reserved.

4. Moral Rights & Attribution. Where allowed under law, you agree not to assert moral rights against us. We may use your name or project details for self-promotion, unless you request otherwise in writing.

5. User Conduct & Acceptable Use

1. You agree not to use the Site or Services to:

• Violate any law, regulation, or third-party right (including privacy, intellectual property, defamation).

• Transmit any harmful, infringing, or illegal content or malware.

• Engage in disruptive or abusive behavior or obstruct others’ use.

2. You must provide accurate, complete, and up-to-date information and cooperate with us in performing the work.

3. We may monitor use, remove or disable access to content or accounts that violate these Terms or our policies.

6. Disclaimers & No Warranties

1. The Site and Services are provided “as is” and “as available,” without warranties of any kind, express or implied.

2. We disclaim all warranties, including merchantability, fitness for a particular purpose, noninfringement, and any warranties arising through course of dealing or usage.

3. We do not guarantee that the Site or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

4. We are not responsible for third-party services, links, or content that you may access through the Site.

7. Limitation of Liability

1. To the maximum extent permitted by law, in no event will we, our officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, loss of data or business) arising from your use of or inability to use the Site or Services.

2. Our total cumulative liability for any claim arising out of or related to the Services or these Terms shall not exceed the total fees you paid to us for the particular service giving rise to the claim.

3. The foregoing limitations apply even if we have been advised of the possibility of such damages or such claim fails in its essential purpose.

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8. Indemnification

You agree to defend, indemnify, and hold harmless BERNII GRAPHICS and its officers, directors, employees, agents, and affiliates from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your use or misuse of the Site or Services;

• your violation of these Terms or any laws or third-party rights;

• any deliverables you use in violation of licensing terms;

• any content you supply.

9. Termination

1. Either party may terminate the agreement for Services in accordance with the project agreement or upon material breach by the other party (if not cured within a set period, e.g. 30 days).

2. Upon termination, you must pay for all Services performed up to the termination date.

3. We may immediately terminate your access to the Site or Services (or parts thereof) for violation of these Terms or for convenience, with or without notice.

4. Sections regarding Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and any surviving provisions shall survive termination.

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10. Modifications to Terms

We may revise or update these Terms from time to time. The “Effective Date” at the top will reflect when the current version became effective. Your continued use of the Site or Services after changes constitutes your acceptance of the new Terms.

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11. Governing Law & Dispute Resolution

1. These Terms are governed by and construed under the laws of [Your State/Country], without regard to conflict of laws principles.

2. Any dispute arising under or relating to these Terms or the Services shall be resolved by [negotiation, mediation, or binding arbitration, depending on what you prefer].

3. If any provision of these Terms is found to be unenforceable, it will not affect the validity of the remaining provisions, and the unenforceable term shall be replaced by a valid term that most closely matches its intent.

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12. Miscellaneous

1. These Terms, together with any project agreements, policies, or additional terms incorporated by reference, constitute the entire agreement between you and us regarding the Site and Services.

2. No waiver of any term is effective unless in writing signed by us.

3. If we delay or fail to enforce any right under these Terms, it does not waive that right.

4. You may not assign or transfer your rights or obligations without our prior written consent; we may freely assign or transfer ours.

5. Notices must be in writing and delivered to the addresses specified in your project agreement or as posted on the Site.

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If you have any questions or concerns about these Terms, please contact us via the contact page on https://www.berniigraphics.com.