Terms of Service

Last Updated: January 12, 2025

Welcome to JinYer Balance. These Terms of Service ("Terms") govern your use of our website and creative services. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Services Overview

JinYer Balance provides creative services including:

  • Branding and brand identity design
  • Website design and development
  • Video production and editing
  • Music production and audio services
  • Creative strategy and consultation
  • Digital marketing and automation

Specific services, deliverables, timelines, and pricing will be outlined in individual project agreements or proposals.

2. Project Agreements

Before beginning any project, we will provide:

  • Scope of Work: Detailed description of deliverables and services
  • Timeline: Project milestones and estimated completion dates
  • Pricing: Total project cost, payment schedule, and accepted payment methods
  • Terms: Project-specific terms and conditions

Work will not commence until both parties have agreed to and signed the project agreement.

3. Payment Terms

3.1 Fees and Deposits

  • A non-refundable deposit (typically 50% of project cost) is required before work begins
  • Final payment is due upon project completion or as specified in the project agreement
  • Retainer-based projects require advance payment as specified in the agreement

3.2 Late Payments

  • Invoices are due within 30 days of issue unless otherwise specified
  • Late payments may incur a fee of 1.5% per month (18% annual)
  • We reserve the right to suspend or terminate services for overdue accounts

3.3 Additional Work

Work beyond the agreed scope will be billed separately at our standard hourly rates or as mutually agreed.

4. Intellectual Property Rights

4.1 Client-Provided Materials

You represent and warrant that you have all necessary rights, permissions, and licenses for any materials you provide to us, including:

  • Copyrighted content, images, and videos
  • Trademarks, logos, and brand assets
  • Music, audio files, and voice recordings
  • Third-party intellectual property

You agree to indemnify and hold us harmless from any claims arising from unauthorized use of materials you provide.

4.2 Work Product Ownership

  • Upon Full Payment: You will receive ownership of final deliverables as specified in the project agreement
  • Before Full Payment: All work product, including drafts, concepts, and files, remains our property
  • License Grant: Upon full payment, we grant you a non-exclusive, perpetual license to use the final deliverables for their intended purpose

4.3 Our Rights

We retain the right to:

  • Display completed work in our portfolio and marketing materials
  • Use work as case studies (with client permission)
  • Retain ownership of source files, templates, and proprietary processes
  • Reuse general concepts, techniques, and methodologies

5. Revisions and Approvals

  • Each project includes a specified number of revision rounds (typically 2-3)
  • Additional revisions beyond the agreed scope will be billed separately
  • Client approval is required at key milestones before proceeding
  • Revisions requested after final approval may incur additional fees
  • Clients have 7 business days to provide feedback on deliverables unless otherwise specified

6. Project Timelines

  • Timelines are estimates and may vary based on project complexity and client responsiveness
  • Delays caused by late client feedback or approval will extend project timelines accordingly
  • We are not liable for delays caused by circumstances beyond our control (force majeure)
  • Rush projects may incur additional fees (typically 25-50% surcharge)

7. Client Responsibilities

Clients agree to:

  • Provide timely feedback, approvals, and required materials
  • Designate a primary point of contact for the project
  • Ensure all provided materials are legally cleared for use
  • Make timely payments according to the agreed schedule
  • Provide accurate and complete project information

8. Cancellation and Refunds

8.1 Client Cancellation

  • Deposits are non-refundable once work has commenced
  • If you cancel mid-project, you will be charged for work completed up to the cancellation date
  • All work product remains our property until full payment for completed work is received

8.2 Our Right to Terminate

We reserve the right to terminate projects if:

  • Payment is not received as agreed
  • Client fails to provide necessary feedback or materials
  • Client requests work outside our ethical guidelines
  • Working relationship becomes untenable

9. Confidentiality

Both parties agree to:

  • Keep confidential information private and secure
  • Not disclose proprietary business information to third parties
  • Use confidential information only for the purposes of the project
  • Return or destroy confidential materials upon project completion or termination

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

  • Services will be performed with professional skill and care
  • Work will be original and not infringe on third-party intellectual property
  • Final deliverables will substantially conform to the approved specifications

10.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
  • GUARANTEED BUSINESS RESULTS OR OUTCOMES
  • UNINTERRUPTED OR ERROR-FREE SERVICES
  • SPECIFIC PERFORMANCE METRICS OR ROI

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability shall not exceed the total amount paid by you for the specific project
  • We are not liable for indirect, incidental, consequential, or special damages
  • We are not liable for lost profits, revenue, or business opportunities
  • This limitation applies regardless of the theory of liability (contract, tort, negligence, etc.)

12. Indemnification

You agree to indemnify, defend, and hold harmless JinYer Balance from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your breach of these Terms
  • Your use of materials that infringe on third-party rights
  • Your misuse of deliverables or final work product
  • Any false or misleading information you provide

13. Website Use

When using our website, you agree to:

  • Not use the site for any unlawful purpose
  • Not attempt to gain unauthorized access to our systems
  • Not transmit viruses, malware, or harmful code
  • Not scrape, copy, or reproduce content without permission
  • Respect intellectual property rights of all content

14. Third-Party Services

We may use third-party services (hosting, stock media, plugins, etc.) in our work. You acknowledge that:

  • Third-party services are subject to their own terms and conditions
  • We are not responsible for third-party service failures or changes
  • Some third-party services may require separate licenses or subscriptions
  • You may be subject to third-party terms when using final deliverables

15. Dispute Resolution

15.1 Negotiation

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation.

15.2 Mediation

If negotiation fails, disputes will be submitted to mediation before pursuing legal action.

15.3 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

15.4 Venue

Any legal action must be brought in the courts located in [Your Jurisdiction].

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services constitutes acceptance of modified Terms. Project agreements signed before changes will remain governed by the Terms in effect at signing.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between parties and supersede all prior discussions or agreements.

19. Force Majeure

Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, strikes, government actions, or other force majeure events.

20. Contact Information

For questions about these Terms of Service, please contact us:

JinYer Balance
Email: legal@jinyerbalance.com
Website: Contact Form

Note: These Terms are designed to be fair to both parties while protecting our business interests. For specific project terms, please refer to your individual project agreement. If you have any questions or concerns about these Terms, please contact us before engaging our services.