Terms of Service

These Terms of Service (“Agreement”) are entered into by and between Nathan McCracken, operating under nathanmccracken.com (“we”, “us”, “our”), and you (“Client”, “you”, or “your”).

This Agreement governs your use of our website and all services including but not limited to graphic design, branding, printed goods, website design & development, marketing services, consulting, and creative assets.

By purchasing or using our services or products, you agree to be legally bound by these Terms. If you do not agree, you may not use our services.

We offer services including, but not limited to:

• Logo and brand identity design
• Graphic design and visual assets
• Physical printed goods (business cards, banners, signage, marketing materials, etc.)
• Website design and development
• Website edits, maintenance, and optimization
• Marketing strategy and implementation
• Social media and advertising-related services
• Consulting and creative services

• Full or partial payment may be required before work begins.
• Ongoing services (marketing, maintenance, etc.) may be billed monthly.

Failure to make payments may result in:

• Paused services
• Removal of website access
• Suspension of deliverables
• Termination of agreement

All payments are final unless otherwise stated in writing.

Services — Due to the time-based and custom nature of services, all service payments are non-refundable once work has begun.

Physical Products / Printed Goods — Refunds or reprints are only provided for:

• Damaged items
• Printing defects
• Incorrect items due to our error
• Undelivered orders

Proof (photos or documentation) may be required. We are not responsible for errors approved by the Client before printing.

Initiating a chargeback or payment dispute without first contacting us is a violation of this Agreement.

Consequences may include:

• Termination of active services
• Blacklisting from future services
• Recovery of fees and dispute costs

You agree to contact design@nathanmccracken.com and allow up to 72 hours for a response before initiating disputes.

• All projects are limited to the scope defined in writing (invoice, proposal, or message agreement).
• Additional work beyond scope is billable.
• Design services typically include a limited number of revisions. Excessive revisions may incur additional fees.
• Delays in feedback from the Client may extend timelines.

The Client agrees to:

• Provide accurate content, images, and information
• Ensure they have rights to all materials provided
• Review and approve work in a timely manner
• Carefully review all proofs before print approval
• Maintain backups of their own business materials

We are not responsible for legal issues arising from content supplied by the Client.

No Guarantees — We do not guarantee:

• Search engine rankings
• Traffic levels
• Sales or revenue increases
• Platform policy compliance of third-party services

Hosting & Third-Party Tools — Websites may rely on third-party services (hosting, plugins, payment processors, etc.). We are not responsible for outages, policy changes, or failures of these services.

Maintenance — Unless under a separate maintenance agreement:

• We are not responsible for future updates
• We are not responsible for hacked sites, plugin failures, or server issues

• Marketing services are effort-based, not result-guaranteed.
• Ad spend is separate from service fees
• Platform bans or ad account issues are not our liability
• Results depend on market, offer, competition, and many factors outside our control

Client Ownership — Upon full payment:

• Clients own final, approved, custom design deliverables
• Drafts, unused concepts, working files, and production files remain our property unless otherwise agreed

Restrictions — Work may not be resold, redistributed, or claimed as created by another designer.

Portfolio Rights — We may display completed work in portfolios, social media, and promotional materials.

Unless otherwise agreed, we may include a small design credit on websites. Removal may require an additional fee.

We reserve the right to terminate services for:

• Non-payment
• Abuse or harassment
• Policy violations
• Illegal use of services

Outstanding balances remain due.

To the maximum extent permitted by law:

Nathan McCracken shall not be liable for:

• Business losses
• Lost profits
• Data loss
• Platform bans
• Printing errors approved by the Client
• Indirect or consequential damages

Total liability shall not exceed the amount paid for the service in question.

You agree to indemnify and hold harmless Nathan McCracken from claims arising from:

• Your content
• Your business practices
• Your misuse of services

This Agreement is governed by the laws of the State of Massachusetts, without regard to conflict of law principles.

We may update these Terms at any time. Continued use of services constitutes acceptance of updated terms.