Welcome to Lyco Designs LLC (“Company,” “we,” “us,” or “our”). By accessing our website and utilizing our graphic design and embroidery digitizing services, you (“Client,” “you”) agree to be bound by the following Terms and Conditions. Please read them carefully.
1. Services Offered
We provide custom graphic design services (e.g., logos, vector conversions, branding materials) and embroidery digitizing services (converting artwork into machine-readable embroidery files like .EMB, .DST, .PES, etc.).
2. Artwork Submission & Copyright Indemnification
- Ownership: By submitting any artwork, logos, text, or imagery to us, you guarantee that you own the copyright or have explicit, legal permission to use and reproduce the design.
- Indemnification: You agree to indemnify and hold harmless Lyco Designs against any legal claims, damages, or expenses arising from copyright infringement claims related to the artwork you provided. In short: If you ask us to digitize a trademarked logo without permission, you assume all legal liability.
3. Proofing, Approvals, and Edits
- Approval Process: For both graphic design and digitizing, we will provide a digital proof (mockup or digital stitch preview) for your review.
- Final Responsibility: It is your responsibility to review all spelling, colors, dimensions, and design elements on provided art/Logo and completed orders
- Test Stitches: We highly recommend running a test stitch on a scrap piece of similar fabric before production. We are not liable for ruined garments or materials resulting from a digitized file that was not test-stitched first.
4. Revisions and Scope of Work
- Included revisions depend on the specific package or quote purchased (typically 2 to 3 rounds of minor revisions).
- Major design changes or revisions requested will incur additional fees.
5. Intellectual Property Rights
- Graphic Design: Upon final payment, ownership of the finalized custom graphic design transfers to the Client. We retain the right to showcase the artwork in our portfolio and marketing materials unless a non-disclosure agreement (NDA) is signed.
- Embroidery Digitizing Files: Unless explicitly agreed otherwise or a buyout fee is paid, Lyco Designs retains the intellectual property rights to the actual digitized embroidery file code. We grant you a license to use the file for your own production needs, but you may not resell or redistribute the digital file itself.
6. Credit Card on File & Automatic Charging
- Authorization: By registering a credit or debit card with us, you authorize Lyco Designs to securely store your payment credentials and automatically charge the card on file for agreed-upon services. This includes upfront deposits, final project balances, recurring subscription/retainer fees, or outstanding invoices.
- Billing Timeline for Custom Orders: Your registered card will be automatically charged for any remaining project balance immediately upon your final approval of the design or stitch proof, prior to final digital file delivery.
- Data Security & PCI Compliance: To protect your financial information, we do not store full credit card numbers on our local servers. All payment data is securely tokenized, encrypted, and processed through a PCI-DSS compliant third-party payment processor (e.g., Stripe, Square, PayPal).
- Declined Payments: If your registered card is declined, expires, or fails to process, you must provide a valid alternative payment method within 48 hours. We reserve the right to pause all active design or digitizing work and withhold file delivery until the balance is cleared.
7. Payment, Pricing, and Cancellations
- Payment Terms: Depending on the project scale, full payment or a 50% deposit via your registered card is required before work begins.
- Refund Policy: Because our services are fully customized, refunds are generally not offered once work has commenced. If you cancel a project midway, your registered card will be billed for the hours/work completed up to that point.
8. Turnaround Times and Delivery
- Turnaround times are estimates, not absolute guarantees. Delays in communication or proof approval from the Client will extend production timelines.
- Digital files will be delivered via email or a secure download link in the requested formats once full payment has successfully cleared.
9. Limitation of Liability
- Color Matching: We strive for accuracy, but colors vary between computer monitors (RGB) and physical threads/inks. We cannot guarantee an exact 100% color match unless specific Pantone or thread chart numbers are provided and agreed upon.
- Liability Cap: In no event shall Lyco Designs be liable for any indirect, incidental, or consequential damages (including lost profits or ruined production materials). Our total liability to you for any claim shall not exceed the total amount paid by you for the specific service in question.
10. Governing Law
These Terms and Conditions, and all claims or causes of action arising out of your purchase or use of our services, shall be governed by and laws of the State of New Jersey, without giving effect to any choice of law principles. You and [Insert Your Business Name] agree that any legal action or proceeding must be brought exclusively in the state or federal courts located in Middlesex County, New Jersey, and both parties hereby consent to the exclusive personal jurisdiction of those courts.
