Terms & Conditions
The agreements that govern graphic design, website, and promotional projects with Exclusive Image, LLC, plus our privacy and data practices.
Last reviewed 2026-07-28. Questions about any of the below? Contact us — we're happy to walk through it.
Graphic & Promotional Services Agreement
Services & term. Exclusive Image provides graphic design and promotional marketing services as scoped in your project proposal or invoice. The agreement runs from the effective date through 30 days after project completion, or longer if either party terminates it in writing.
Termination. Either party may end the agreement with 15 days' written notice. Exclusive Image may terminate immediately if requested materials are pornographic or obscene, promote unethical or illegal services, violate privacy, or if payment is not made as agreed.
Payment. Payment is required upon issuance of invoice. We accept credit card or check. A deposit may be required before work begins.
Ownership. You receive full ownership of the finished graphic materials upon final payment. Exclusive Image retains ownership of all work product until paid in full.
Stock imagery. Stock image licensing fees up to $20 per image are included in project pricing; any fees beyond that are billed to the client.
Promotional use. Unless you request otherwise, Exclusive Image may reference completed project details in our own promotional materials, portfolio, client testimonials, and project case studies.
Website Services Agreement
Website engagements follow the same general services and payment structure outlined above. A project is deemed complete — and final payment due — once Exclusive Image has fulfilled the obligations defined in the project scope.
Unresponsiveness fee. If a client goes unresponsive for two or more months during an active project, a website proposal restart fee of 10% of the original estimate may apply before work resumes.
No guarantees. Exclusive Image does not guarantee search engine rankings for organic results, nor can it guarantee actual business growth from a website, SEO, or marketing engagement.
Security & hacking liability. While we build and maintain sites with security best practices in mind, the client indemnifies Exclusive Image against damage caused by third-party hacking or unauthorized access.
Key Legal Provisions
Dispute resolution. Any dispute arising from these agreements will first proceed through mediation, then binding arbitration in Santa Clara County, California, if mediation is unsuccessful. By agreeing to these terms, both parties voluntarily give up important constitutional rights to a trial by judge or jury.
Governing law. These agreements are governed by the laws of the State of California.
Client references. Unless a client specifically requests otherwise, Exclusive Image may list them as a reference for prospective clients.
Privacy & Data Protection
Data we collect. Through contact forms, newsletter sign-ups, and web submissions, we may collect your full name, email address, and — where applicable to a project — credit/payment information.
GDPR & CCPA. Exclusive Image processes personal data in line with the EU General Data Protection Regulation and the California Consumer Privacy Act, as applicable.
How we use it. Information supports service delivery, newsletters, surveys, and service improvement, based on our legitimate interest in operating and improving the business.
Retention. Data may be retained for an unspecified period after an account becomes idle, or for as long as needed to fulfill the purposes it was collected for.
Sharing. Personal data may be shared internally across departments (administration, marketing, IT) and with service providers under confidentiality obligations. Any social media integrations on our site or a client's site are governed by that platform's own privacy policy, separate from ours.
Payment security. All credit data provided to us is transmitted via SSL (Secure Socket Layer) encryption. Credit card numbers are not stored on Exclusive Image, LLC servers.
Your rights. California consumers may request access to, deletion of, or opt-out of the sale of their personal data. We limit such requests to two per 12-month period per applicable law.
Cookies. Our site uses cookies to support advertising, collect traffic data, and improve the browsing experience. You can disable cookies in your browser settings at any time.
Accessibility Statement
Exclusive Image is committed to making our website and the websites we build accessible to everyone.
If you have difficulty accessing any part of our website, please call +1 (650) 273-0422 during business hours or contact us through our web form. Your feedback helps us improve accessibility for all users.
For client projects requiring ADA accessibility remediation, we work with a trusted accessibility partner to help meet applicable accessibility standards. While we do not control third-party websites or services, we encourage our partners to provide accessible digital experiences.
Payment Compliance
For payment processing, we maintain administrative, technical, and physical safeguards consistent with Payment Card Industry Data Security Standard (PCI DSS) requirements, and process all transactions through certified payment processors.
Questions
For anything not covered here, or to request a copy of a specific signed agreement, reach out at Contact Us or (650) 273-0422.