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Terms of Service

Welcome to 2 Guys Design! We're thrilled you've chosen us for your graphic design needs. These Terms of Service (the "Agreement") explain the rules and responsibilities for both you, our partner, and 2 Guys Design. We believe in clear communication, so we've tried to make this document as easy to understand as possible. If anything is unclear, please don't hesitate to ask your designer.

Table Of Contents

1. General Information & Your Agreement

1.1 Salutations

To keep things simple, when "Company," "We," "Us," "Our," or "Designer," is used, that's referring to 2 Guys Design.
When We say "You," "Your," "Client," or "Customer," We're talking about You, the person, company, or organization using Our Services.

"Services" means any design, service, or work We create and/or provide for You. That includes text, images, photographs, user interfaces, data, or any other content (digital or otherwise).
The "Website" refers to www.2GuysDesign.com and any other related websites, media channels, or applications that We own or operate.

Any additional terms or documents posted on Our Website are automatically included in this Agreement.

1.2 Our Right to Refuse or Remove

We reserve the right to accept, decline, and/or remove any project, product, or content provided by You on Services managed by 2 Guys Design. We may also remove Services or content that We believe violate these Terms or the values of 2 Guys Design. This includes, but is not limited to, projects or content that are illegal, obscene, indecent, or defamatory. We may also refuse and/or remove Service and/or content of projects that promote hatred based on religion, gender, race, ethnicity, or sexual orientation. If We remove or decline Your project for any of these reasons, the terms outlined in the "Early Termination" section of this Agreement will apply in full.

If We become aware of information that appears to violate the law, We may report it to the appropriate authorities. While Our Privacy Policy generally states We won't share Your personal information with private or public entities, please understand that We may be required to do so by law enforcement or government inspection.

2. Your Project: Scope, Design, and Deliverables

2.1 Custom Work & Estimates

All work performed by 2 Guys Design is unique and custom-designed for You, without the use of templates or AI-generated designs. We pride Ourselves on delivering original, human-crafted designs. This work will meet the standards and specifications outlined and attached to this Agreement. Unless otherwise stated, the quoted fee includes the final artwork for production.

Our initial fee estimates cover the first phase of Your project. Our fees for graphic design and other creative works are based on a set price list, which can change at Our discretion without prior notice. Any revisions, additions, or alterations to the agreed-upon Services, or work beyond the initial "Phase 1", will be billed as additional Services at Our current hourly rate. Furthermore, You will be responsible for all out-of-pocket expenses related to any changes in the project's specifications or scope after the initial "Phase 1" has begun.

2.2 Printing

You will receive the final design for review and approval through Your Client login or by email. If You request changes to the content or design, these will be completed within the scope of "Phase 1" and still subject to the total revision limit (if applicable). We will then provide You with a new design to approve.

Once We receive Your approval to print, We will send the files to the printer. 2 Guys Design will not be held responsible (financially or otherwise) for any errors after We receive Your approval to print. Any charges for reprinting will be solely Your responsibility and will be billed at Our standard hourly rate. You are also responsible for all printing costs, which are separate from Our design charges.

For most print projects, 2 Guys Design utilizes trusted third-party printers. While the estimated printing costs will be included in Your initial project estimate, these costs can sometimes change unexpectedly. If there are any increases in printing charges after the initial estimate, the updated total will be billed directly to You. Alternatively, You always have the option to print the project Yourself. In that case, We'll provide the final design to You in the necessary format for self-printing.

2.3 Materials You Provide

You confirm and guarantee that all materials You provide to Us for use in Your project (including photos, artwork, names, trademarks, slogans, text, and graphics) are either Your property, or You have the legal right to use them without infringing on any other person’s or entity's rights.

You also agree to protect Us and hold Us harmless from and against any and all claims, losses, or damages, including reasonable attorney’s fees and costs, incurred in the defense of such.

3. Understanding Our Fees and Payments

3.1 Payment Terms

As expected, payment is due upon completion of the work, phase, and/or receipt of invoice, unless We've agreed to otherwise in writing.

As a valued partner in this together with You, We understand times can get tough. Therefore, You may request to split Your total into smaller more manageable monthly payments free from interest. However, late fees and/or interest will be charged if those payments are delayed. We grant this at Our discretion and can revoke it if payments become exceedingly past due. If payment plans are revoked, the full lump sum amount will become due.

Payments are due thirty (30) days after the statement date or as specified in the invoice. If payment is not received by the due date, a late charge of at least $10.00 or 1.5% per month (whichever is more) may be applied to the outstanding balance, or the maximum rate permitted by law. An additional $75.00 re-billing fee will be applied to unpaid balances after eighty (80) days. Returned checks will be charged a $25.00 fee.

3.2 Overtime

We love being faster than a speeding bullet, but let's be real, We operate at a human's pace and quality takes time. So, work that is rushed at Your request AND agreed upon by Your Designer will be subject to an overtime fee of 200% of Our standard rate.

3.3 Reimbursement for Expenses

You agree to reimburse Us for reasonable, pre-approved expenses necessary for Your project, such as stock photos or specific fonts. We may invoice You for these expenses before completing the work.

3.4 Down Payments and Online Billing

Some projects may require a non-refundable ‘Getting Started’ fee (or down payment) before we get to work.

Once the design work or phase is done, it's time for the ever important step of payment. We'll bill for Our products and Services, and invoices will be sent to the primary email address associated with Your account. You can pay these invoices securely online using a credit card, debit card, or online check (ACH), and keep a card on file for future manual or automatic payments. If preferred, You can continue to make payments manually by mailing a check to: 2 Guys Design, 1813 Seven Pines Road, Unit 4, Springfield IL 62704.

You agree to pay 2 Guys Design all charges at the prices then in effect for the products You (or other persons using Your billing account) may purchase. You agree and authorize Us to make payment using Your selected payment method. If You've subscribed to a Service that is subject to recurring charges, You agree that Your chosen payment method will be used for these recurring payments. If You've provided an online payment method, You consent to Our automatically charging it on a recurring basis without Your prior approval for each recurring charge, until You cancel the applicable product or Service. However, if You prefer not to keep a card on file for recurring payments, You can continue to pay by mailed check to the address above.

We reserve the right to correct any pricing errors. Sales tax will be added to Your purchases made by For-Profit entities as required by law. Prices may change at any time. All payments must be in U.S. dollars.

4. Confidential Information

If either party shares information marked as "confidential," it must only be used for the purposes of this Agreement and cannot be shared with others without the disclosing party's written permission. This doesn't apply to information that's already public, or that the recipient already knew, developed, or received independently.

For projects involving highly sensitive or proprietary information, a separate, more comprehensive Non-Disclosure Agreement (NDA) may be requested. If You wish for such an additional NDA, You'll need to provide it to Us, and any associated legal review or drafting costs will be solely at Your expense.

When this Agreement ends, We will return any materials containing Your confidential information. Our confidentiality obligations continue even after this Agreement terminates.

5. Ownership and Rights

5.1 Copyright

Once We receive full payment, 2 Guys Design grants You the right to use and reproduce the finished work We created for Your business or organization, without time restrictions. This includes website designs, content, logos, brochures, and any other final deliverables. Your right to use this final, delivered work as a whole will be exclusive, meaning only You can use it for Your business purposes.

However, the underlying copyright for all creative work, including the designs, artwork, and preliminary materials, belongs to 2 Guys Design as the creator. All rights not specifically granted to You in this Agreement are reserved by Us. If You wish to make any additional uses of the work not covered here, You agree to seek Our permission, which may involve additional payments.

5.2 Ownership

Upon receipt of full payment (including any fees and additional charges), the finished produced materials (like brochures, booklets, stationery, etc.) or final image files (such as ads, logos, or website design layouts) that We deliver to You will become Your property for the purpose of use. Once paid in full, You'll have a royalty-free, perpetual, and irrevocable license to use these finished materials, except as outlined in the "Early Termination" section.

The original artwork, including all preliminary sketches, design elements, drafts, and other preliminary materials created by 2 Guys Design (even the final creative files for the delivered work), remains Our intellectual property. Your rights to use Our work are limited to those broad usage rights stated above for the finished deliverables. You do not have any right to additional digital files (like source files) created by Us unless specifically agreed upon in writing.

This allows Us, the Designer, to display Our final commissioned pieces—including Your finished website designs—in Our portfolios, advertisements, literature, and other promotional materials at Our sole discretion, without further notification to You. You agree not to remove, hide, obscure, or change any copyright notice, byline information, disclaimer, restriction, or or other notice associated with Our Services or any portion of them.

5.3 Website Subscription Services - Post-Termination Use

For website design projects offered under a subscription model, Our partnership includes ongoing design Services, hosting, and maintenance as specified in Your separate subscription agreement. Upon the termination of this website subscription partnership (whether by You or by Us), and provided all outstanding payments for Your subscription(s) are fully settled, You will retain an exclusive, perpetual, and royalty-free license to the final website design as it existed at the time of termination for Your business use.

We will provide You full access to the website for future modification and facilitate transfer of the domain and URL to Your own hosting Service for You to host and manage independently. Please understand that this continued use applies only to the design asset itself and does not include any ongoing hosting, maintenance, software updates, content management system licenses, or other Services that were part of Your subscription with 2 Guys Design. Your continued use and any necessary future development, updates, or hosting of the website design after termination will be solely Your responsibility. This specific provision for website subscription designs overrides any general statement in Section 5.2 regarding the non-provision of additional digital files.

6. Early Termination of Services

We always hope Our partnerships last, but sometimes they must end. You have the right to terminate this Agreement and Our partnership before the work is completed by providing Us with notice.

If You terminate early, the stated set price for the project becomes void. You must then pay Us for all hours We've spent on the project up to the termination date at Our current hourly rate. You must also reimburse Us for all out-of-pocket expenses incurred during the terminated project.

Please understand that if a project is terminated early, no design work (partial, finished, or otherwise) will be delivered to You. Furthermore, You will have no license to use or access any work produced by Us upon early termination. Copyright (as set forth in Section 5.1) belongs to Us, and all rights to any designs made by Us will be retained. Any unauthorized use of materials produced by 2 Guys Design when partnership is prematurely terminated is strictly prohibited and may result in legal action.

7. Your Account and Registration

7.1 Your Responsibilities

By using Our Services, You confirm and promise that:
All registration information You provide is truthful and accurate. You will keep Your information accurate and up-to-date. You will keep Your password confidential and are responsible for all activity on Your account. You are not a minor in Your place of residence, or if You are a minor, You have parental permission to use Our Services. Your use of Our Services does not violate any applicable laws or regulations.

You also agree to:
Provide true, accurate, current, and complete information as requested during registration. Promptly update Your registration data to keep it accurate and complete. If any information You provide is untrue, inaccurate, not current, or incomplete, or if We have reasonable grounds to suspect it is, We have the right to suspend or terminate Your account and refuse any current or future use of Our Services.

7.3 Username Changes

We reserve the right to remove, reclaim, or change any username You select if We deem it inappropriate in Our sole discretion, such as if it's obscene or objectionable, or if a trademark owner complains about a username that isn't closely related to Your actual name.

8. Intellectual Property Rights

8.1 Our Content and Marks

The content on Our Website ("Company Content" or "Our Content") and Our trademarks, Service marks, and logos ("Marks") are owned by or licensed to 2 Guys Design. These are protected by United States and international copyright and intellectual property laws.

Our Content includes, but is not limited to, all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics. All 2 Guys Design graphics, logos, designs, page headers, button icons, scripts, and Service names are registered trademarks, common law trademarks, or trade dress of Our Company in the United States and/or other countries.

You cannot use Our trademarks or trade dress, including as part of trademarks or domain names, in connection with any product or Service in a way that might cause confusion. You also cannot copy, imitate, or use them, in whole or in part, without Our prior written permission.

8.2 Your Use of Our Content

Company Content on the Website is provided to You "AS IS" for Your information and personal use only. You cannot use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or exploit it for any other purpose without Our prior written consent.

As long as You are eligible to use Our Website, You are granted a limited license to access and use the Website and Company Content, and to download or print a copy of any portion of the Company Content You have properly accessed, solely for Your personal, non-commercial use. We reserve all rights not expressly granted to You in and to the Website, Company Content, and Marks.

9. Miscellaneous Provisions

9.1 Entire Agreement and Changes

This Agreement is between You and 2 Guys Design. Neither party can transfer or assign this Agreement to a third party without the other's written consent. This document represents the entire Agreement between Us regarding these matters, superseding all previous negotiations or agreements. It can only be changed by mutual written consent.

9.2 Severability

If any part of this Agreement is found to be illegal or unenforceable by a court, that specific part will be removed, but all other terms in this Agreement will remain in full force and effect.

9.3 Links to Other Services

Our Services may contain links to websites or Services operated by third parties. We do not control these "Linked Content" sites and are not responsible for their content or practices.

9.4 Our Relationship with You

2 Guys Design operates as an independent contractor, not Your employee. We are solely responsible for all Our own taxes, withholdings, insurance, and any other obligations that apply to an independent contractor.

9.5 Unforeseen Circumstances (Force Majeure)

Neither party will be held responsible for delays or failures in performing under these Terms if such delays are caused by events beyond their reasonable control, such as floods, riots, fires, theft, vandalism, government actions, labor disputes, natural occurrences, or other similar circumstances. The affected party will be excused from performance to the extent that such causes prevent or delay it.

10. Resolving Disputes

10.1 Governing Law and Venue

This Agreement is governed by the laws of the State of Illinois, USA. Any lawsuit or action related to this Agreement can only be brought in the courts of Sangamon County, Illinois, USA. If a lawsuit arises from this Agreement, the winning party will be entitled to recover their reasonable attorney fees and costs.

You agree that any claim, action, or proceeding related to Our Website or Services cannot be brought more than one (1) year after the cause of action arose.

10.2 Informal Resolution

To help resolve any disputes quickly and cost-effectively, both You and 2 Guys Design agree to first try to negotiate any dispute (except those specifically excluded below) informally for at least thirty (30) days before starting any arbitration or court proceedings. This informal negotiation begins when one party sends written notice to the other.

10.3 Binding Arbitration

If You and 2 Guys Design cannot resolve a dispute through informal negotiations, either party may choose to have the dispute finally and exclusively resolved by binding arbitration. If one party chooses arbitration after Section 11.2 is exhausted, it will be final and binding on the other.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, if applicable, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). Both sets of rules are available on the AAA Website (www.adr.org).

Whether a dispute is subject to arbitration will be decided by a court, not an arbitrator, and will be governed by the Federal Arbitration Act. Your arbitration fees and Your share of arbitrator compensation will be governed by the AAA Consumer Rules and, where applicable, limited by them. Unless the AAA rules or applicable law require otherwise, the arbitration will take place in Sangamon County, Illinois, USA.

Except as otherwise provided in this Agreement, both You and 2 Guys Design may go to court to compel arbitration, stop court proceedings while arbitration is pending, or to confirm, modify, vacate, or enter judgment on the arbitrator's award.

11. Electronic Agreements

11.1 Your Agreement to Electronic Transactions

By using Our Services, You can enter into agreements and conduct transactions electronically. You acknowledge that Your electronic submissions represent Your agreement and intention to be bound by and pay for such agreements and transactions. Your agreement to be bound by electronic submissions applies to all records related to all transactions You enter into using Our Services, including cancellation notices, policies, contracts, and applications. To access and keep Your electronic records, You may need certain hardware and software, which are Your sole responsibility.

11.2 Electronic Signatures

Our platform allows users to send and receive valid electronic signatures in the United States, in accordance with the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Please note that We do not authenticate users' signatures or identities on 2 Guys Design.

12. Changes to These Terms of Service

We may update these Terms of Service from time to time to reflect Our current work practices and terminology. You can always request the most current version by email.

These Terms and Conditions were last updated on June, 2025.