Welcome to Visual Thumbprint. By accessing this website or engaging our design and marketing services, you agree to comply with and be bound by the following terms and conditions.
1. Services Provided
Visual Thumbprint provides graphic design, web design, brand strategy, and marketing communications. All project scopes, timelines, and fees will be outlined in a separate Statement of Work (SOW) or Estimate.
2. Intellectual Property
- Our Property: All content on this website, including text, graphics, logos, and code, is the property of Visual Thumbprint.
- Client Property: Upon final payment, ownership of final approved design assets is transferred to the Client. Visual Thumbprint retains the right to use completed projects in our portfolio and marketing materials unless otherwise agreed upon in writing.
- Preliminary Work: All sketches, concepts, and rejected designs remain the exclusive property of Visual Thumbprint.
3. Client Responsibilities
Clients are responsible for providing accurate information, high-resolution assets, and timely feedback. Visual Thumbprint is not liable for delays caused by the Client’s failure to provide necessary materials.
4. Limitation of Liability & Indemnification
- Results: Visual Thumbprint is not liable for any indirect, incidental, or consequential damages (including loss of profit) arising from the use of our services or website. We do not guarantee specific marketing results (e.g., exact ROI or search engine rankings).
- Third-Party Claims: Client agrees to indemnify, defend, and hold harmless Visual Thumbprint and its owners from and against any and all third-party claims, lawsuits, or legal actions (including attorney’s fees) arising out of a website’s failure to comply with accessibility laws (ADA, WCAG), privacy regulations (GDPR, CCPA), or intellectual property infringement related to materials provided by the Client.
- Financial Cap: In no event shall Visual Thumbprint’s total liability for any claim arising out of this project exceed the total fees paid by the Client to Visual Thumbprint for the specific build-out or service provided. Visual Thumbprint shall not be liable for any indirect, consequential, or punitive damages, including loss of revenue or legal penalties incurred by the Client.
5. Compliance Responsibility Transfer
Upon the final “handover” or “build-out completion” of the website, the Client assumes full legal responsibility for maintaining the website’s compliance with all applicable laws and regulations, including but not limited to:
- Accessibility Standards: Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG).
- Privacy Regulations: GDPR, CCPA, and other data protection laws.
- Industry-Specific Laws: Any regulations specific to the Client’s business sector.
6. Ongoing Maintenance
Visual Thumbprint builds websites using industry-standard best practices at the time of development. However, because laws and accessibility technologies change rapidly, and because Client-led updates (such as adding new images without alt-text or changing color contrast) can break compliance, Visual Thumbprint is not liable for any non-compliance issues that arise after the site is live.
7. Governing Law
These terms are governed by the laws of the State of Missouri. Any disputes shall be resolved in the courts of St. Charles County or the St. Louis metropolitan area.