Terms of Service

Last Updated: 29 October 2024

Welcome to Dave La Marshall (referred to as "we," "us," or "our"). By accessing our website, purchasing our products, or using our services, you, the "User," "you," or "client," agree to comply with and be bound by these Terms of Service. Please read them carefully.

1. Services Offered

We offer the following design services:

  • Logo Design

  • Brand Identity Design

  • Ongoing Support / Retainer Services

  • Merchandise Design

  • Digital Products (downloadable templates and design files)

  • Physical Products (e.g., t-shirts, posters)

These services are available worldwide and are provided remotely.

2. Purchases and Payments

  • Payments for custom design services are due based on an agreed payment plan, typically including an initial deposit to begin work.

  • Purchases made through our online store (digital and physical products) are charged in full at checkout.

  • Payments are processed securely through third-party providers like Stripe. We do not store your payment details.

3. Refunds and Cancellations

  • Custom Design Services: Deposits for custom services are non-refundable, as they cover initial project resources. Any additional refund terms will be discussed and agreed upon before the project starts.

  • Digital Products: Refunds for digital downloads are not provided unless required by law.

  • Physical Products: Refunds or exchanges for faulty or damaged products are offered in line with Australian Consumer Law. Please contact us within 14 days of receiving the item if assistance is needed.

4. Intellectual Property and License

  • Ownership of Work: Upon final payment, clients receive rights to the final deliverables for their project, while we retain the right to use these visuals for promotional purposes.

  • Website Intellectual Property: All content, design elements, graphics, logos, images, and materials on this website are the exclusive intellectual property of Dave La Marshall. Unauthorized use, reproduction, or distribution is prohibited without prior written consent.

  • Digital Products License: When purchasing digital products, you are granted a limited, non-exclusive, non-transferable license to use the files. Redistribution or resale of these products is prohibited.

5. Use of Client Work for Marketing

By working with us, you agree that we may display work completed for your project (excluding confidential information) on our website, social media channels, and portfolio. Please notify us in writing if you prefer not to have your project included in our marketing materials.

6. Limitations of Liability

  • We aim to provide high-quality services; however, we cannot guarantee that our services will meet every need perfectly.

  • We are not responsible for any damages arising from the misuse of our digital or physical products.

  • In no event shall our liability exceed the amount paid for the services in question.

7. Client Responsibilities

To ensure a smooth and successful project, you agree to provide necessary materials, information, and approvals in a timely manner.

8. Changes to Terms

We reserve the right to update these Terms of Service at any time. Changes will be posted on this page with the “Last Updated” date revised. Your continued use of our website and services signifies acceptance of any updated terms.

9. Governing Law

These Terms of Service are governed by the laws of Australia. Any disputes arising under or in connection with these terms will be subject to the exclusive jurisdiction of Australian courts.

10. Contact Information

If you have any questions about these Terms of Service, please contact us at hello@davelamarshall.com.