Terms of Service
These Terms of Service ("Terms") govern your use of the website located at www.the23eleven.com and any design or web development services provided by Buck Matthews Designs LLC, doing business as The 23 Eleven ("The 23 Eleven," "we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
1. Services
The 23 Eleven provides graphic design, web design, brand identity, logo design, book cover design, apparel design, and related creative services ("Services"). The specific scope, deliverables, timeline, and pricing for any project will be defined in a separate project agreement, proposal, or statement of work provided to you before work begins.
2. Consultations
Submitting our consultation request form does not create a contractual obligation on either party. A project engagement is only formalized when both parties have agreed to written project terms and an initial payment has been received, unless otherwise agreed in writing.
3. Payments
Payment terms are specified in each project agreement. In general, we require a deposit before work begins, with the remaining balance due upon project completion or at agreed milestones. All fees are in U.S. dollars. Failure to pay on time may result in work being paused until payment is received. We reserve the right to charge a late fee for invoices outstanding beyond 30 days of the due date.
4. Revisions
Each project agreement will specify the number of revision rounds included. Revisions beyond the included rounds will be billed at our standard hourly rate or a flat rate as agreed in writing. Revisions are limited to adjustments within the approved direction — requests that constitute a new direction or concept may be treated as a new scope of work.
5. Client Responsibilities
You are responsible for providing accurate, complete, and timely materials, feedback, and approvals needed for your project. Delays caused by late feedback, missing content, or scope changes are not the responsibility of The 23 Eleven. We are not liable for errors in final deliverables that result from incorrect information you provided or from your approval of proofs containing errors.
6. Intellectual Property
Work Product Ownership
Upon receipt of full payment, The 23 Eleven assigns to you ownership of the final approved deliverables for the agreed commercial use. We retain the right to display the work in our portfolio, case studies, and marketing materials unless you request otherwise in writing.
Pre-Existing Materials
Any tools, templates, code libraries, fonts, stock assets, or design elements that were created or owned by The 23 Eleven prior to your project remain our property. We grant you a license to use them as incorporated into your deliverables but do not transfer ownership of the underlying assets.
Third-Party Assets
If your project requires licensed fonts, stock photography, or other third-party assets, licensing costs will be disclosed and are your responsibility unless otherwise agreed. You are responsible for ensuring your use of all assets complies with applicable licenses.
7. Confidentiality
Both parties agree to keep confidential any non-public information shared during the course of a project engagement. This includes business strategy, pricing, unreleased creative work, and personal information. This obligation survives termination of the engagement.
8. Warranties and Representations
You represent and warrant that any content, materials, or information you provide to us for use in your project does not infringe the intellectual property rights of any third party, is not defamatory or unlawful, and that you have the right to use and authorize us to use such materials. You agree to indemnify and hold harmless The 23 Eleven from any claims arising from your breach of this representation.
9. Limitation of Liability
To the maximum extent permitted by applicable law, The 23 Eleven's total liability to you for any claim arising from or related to our services shall not exceed the total amount paid by you to us in the three months preceding the claim. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, even if advised of the possibility of such damages.
10. Termination
Either party may terminate a project engagement with written notice. If you terminate a project, you are responsible for payment for all work completed through the termination date, including any non-refundable deposit. If we terminate due to your breach of these Terms or a project agreement, the same payment obligation applies. Work product created through the termination date will be delivered to you upon receipt of all outstanding payments.
11. Website Use
You agree not to use our website for any unlawful purpose, to attempt to gain unauthorized access to any part of our systems, or to engage in any conduct that could damage or disrupt the website or other users' experience. We reserve the right to restrict or terminate your access to our website at our discretion.
12. Disclaimer
Our website and its content are provided "as is" without warranty of any kind, express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.
13. Governing Law
These Terms are governed by the laws of the State of Nevada, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Washoe County, Nevada.
14. Changes to These Terms
We reserve the right to update these Terms at any time. Updated Terms will be posted on this page with a revised "Last Updated" date. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms.
15. Contact Us
If you have questions about these Terms, please contact us:
Buck Matthews Designs LLCDBA The 23 Eleven
Email: the23eleven@gmail.com
Note: These Terms of Service are provided for informational purposes and represent reasonable standard terms for a creative services business. They do not constitute legal advice. You are encouraged to have a licensed attorney review any legal documents for your business.