Terms

By accessing and using shiv.nyc ("the Site") andengaging with Shiv's design and consulting services ("Services"), you agree to be bound by these Terms of Service. If you do not agree, please do notuse this site or our Services. 

2. SERVICES OFFERED Shiv offers the following services:- Identity Design: Logo creation, brand guidelines, brand identity development- Web & Product Design: Website design, digital product design, UX/UI design, design systems- Consultation: Strategic design advice, brand positioning, UX optimization, product strategy All Services are customized based on client needs and project scope discussed during the Discovery phase. 

3. ENGAGEMENT & PROCESS 

Discovery Phase The engagement begins with a consultation to discuss:- Your business, customers, and product- Project needs and goals- Budget and timeline- Deliverables and scope Project Scope All Services are subject to a written agreement outlining:- Specific deliverables- Timeline and milestones- Revision rounds included- Payment terms and amounts- Ownership and intellectual property rights Changes to project scope outside the agreed terms may incur additional fees. Revisions Design work includes revisions as outlined in the project agreement. Additional revisions beyond the agreed amount will be billed at the rate specified in your contract. 

4. PAYMENT TERMS 

Invoicing: Invoices are issued upon project initiation or milestone completion- Payment Methods: We accept payment via Stripe (credit card, bank transfer, and other methods Stripe supports)- Payment Due: Net 15 days from invoice date, unless otherwise specified in your project agreement- Late Payments: Payments not received within 30 days may result in project suspension- Deposit: A deposit (percentage of total project cost) maybe required to begin work- Refunds: See Refund Policy below Refund Policy- Refunds are not offered for completed Services- If you cancel before work begins, you forfeit any deposit- If you cancel mid-project, you are responsible for payment for work completed to date plus any non-refundable third-party costs- Special circumstances may be discussed on a case-by-case basis 

5. INTELLECTUAL PROPERTY & OWNERSHIP 

Upon Full Payment Once you have paid in full for your project, you own all original design work, deliverables, and final files provided. This includes:- Brand guidelines and brand assets- Website design files and code- Product design specifications- Any unique strategic recommendations developed specifically for your project Third-Party Materials You are responsible for licensing and owning:- Stock images, fonts, or third-party tools used in the project- Content (copy, photography) you provide or source- Any pre-existing intellectual property you contribute Shiv's Retained Rights Shiv retains the right to:- Display completed work in portfolio and case studies (with your permission)- Use methodologies and processes developed during the project- Discuss project outcomes in general terms for educational or promotional purposes (without revealing sensitive client information) Payment Pending All intellectual property rights remain with Shiv until full payment is received. 

6. CONFIDENTIALITY 

Both parties agree to maintain confidentiality regarding:- Business strategies and operations discussed- Financial information and budgets- Proprietary client information- Unpublished designs and concepts This obligation survives project completion. Exceptions include information required by law or to defend legal claims. 

7. LIMITATIONS OF LIABILITY 

Shiv's liability is limited to the amount you paid for Services. Shiv is not responsible for:- Lost profits or indirect damages- Business interruption or data loss- Third-party claims or losses- Misuse of deliverables after delivery- Technical issues beyond Shiv's control 

8. WARRANTIES & DISCLAIMERS 

What We Guarantee Shiv will deliver Services with professional skill and care, following the agreed timeline and specifications. What We Don't Guarantee Shiv does not guarantee:- Business results or increased revenue from design work- Specific user engagement or conversion metrics- Compatibility with all browsers, devices, or systems(except as specified in project scope)- That your product will succeed in the market Design and business outcomes depend on implementation, market conditions, and factors beyond design. 

9. CHANGES & CANCELLATION By You (Client)

You may request project changes during active development at the scope limits- If you cancel an active project, you owe payment for work completed plus any non-refundable expenses- A 30-day written notice is appreciated for longer-term engagements By Shiv- Shiv may pause or cancel a project if payment is overdue by 30 days- Shiv may terminate services for breach of these Terms or illegal activity- Shiv will provide 7 days written notice where possible 

10. LIMITATION ON COMMUNICATIONS 

By providing your email and phone number, you consent to project-related communications from Shiv. You may opt out of non-essential communications at any time. We will not share your contact information with third parties for marketing without consent. 

11. WEBSITE USE & CONTENT 

Your License By accessing shiv.nyc, you have a limited, non-exclusive license to view and use the Site for personal information purposes only. You may not:- Reproduce, republish, or distribute Site content without permission- Scrape or automatically collect data- Use the Site for competitive purposes- Reverse engineer or attempt unauthorized access- Use the Site in any illegal or unethical manner Portfolio & Case Studies Case studies and portfolio pieces showcase Shiv's work and may be used for marketing, teaching, or promotional purposes. Client names and sensitive information are used with permission. 

12. THIRD-PARTY SERVICES Our Site uses third-party services:- Google Analytics - for usage analytics- Stripe - for payments- Zoho Books - for accounting We are not responsible for these services' privacy practices, availability, or security. Review their terms separately. 

13. DISCLAIMERS THE SITE AND SERVICES ARE PROVIDED "AS IS" WITHOUTWARRANTIES OF ANY KIND. SHIV DISCLAIMS ALL IMPLIED WARRANTIES INCLUDINGMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

14. GOVERNING LAW & DISPUTE RESOLUTION 

These Terms are governed by the laws of the State of New York, USA, without regard to conflicts of law. Dispute ResolutionBefore pursuing legal action, both parties agree to attempt good-faith negotiation. If unresolved within 30 days, either party may pursue mediation or arbitration. 

15. SEVERABILITY 

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect. 16. ENTIRE AGREEMENT These Terms, along with any signed project agreement, constitute the entire agreement between you and Shiv regarding the Services. Prior agreements or understandings are superseded. 

17. AMENDMENTS 

Shiv may update these Terms at any time. Continued use of the Site or Services after changes constitutes acceptance of the new Terms. Material changes will be communicated by email or Site notice. 

18. CONTACT 

For questions about these Terms of Service, questions about a project, or to discuss a dispute: 

Email: hi@shiv.nyc
Website: https://shiv.nyc
These Terms of Service are effective as of the date listed above.