Welcome to the graphic design services offered by XanTonics Inc. These Terms of Service (hereinafter referred to as the “Terms”) apply to your access to our website, consultation, purchase, or use of our graphic design services.
By submitting an order, making payment, confirming a design project, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
- Company Information
Company Name: XanTonics Inc.
Company Address: 400 OLD IVY RD NE, ATLANTA, GA 30342
Email:
[email protected]
[email protected]
XanTonics Inc. provides customized graphic design services based on client needs, including but not limited to brand visuals, logos, promotional materials, social media visuals, digital advertising, posters, brochures, corporate documents, and other graphic design projects.
- Service Scope
Depending on the specific services purchased by the client, XanTonics Inc. offers the following design services:
Poster Design
Flyer and Brochure Design
Digital Advertising
Business Card and Corporate Document Design
Other Custom Graphic Design Services
The specific scope of services, deliverables, file formats, and design requirements are subject to the project content confirmed on the order page, project confirmation information, or in writing by both parties.
- One-Time Billing Terms
3.1 One-Time Sale
Unless otherwise expressly stated on the order page, XanTonics Inc.’s graphic design services are billed on a one-time basis.
After purchasing the service, the client only needs to pay a one-time service fee for the item as shown in the order.
This fee:
is not a monthly subscription fee;
is not an annual subscription fee;
will not automatically renew;
will not be automatically charged again in future periods;
does not constitute a recurring membership fee.
The client will not automatically incur subsequent recurring payment obligations due to the purchase of a design service.
3.2 Payment
The client shall complete payment according to the price shown on the order page.
Unless otherwise agreed in writing by both parties, XanTonics Inc. will commence the design process upon receipt of valid payment.
3.3 Additional Service Fees
If the client raises new design requirements outside the original project scope, increases the number of designs, changes the confirmed design direction, or requests additional services, XanTonics Inc. may provide an additional quote based on the added work.
Any additional fees will incur upon client confirmation.
- Design Project Flow
The typical design flow includes:
Client submits design requirements;
XanTonics Inc. confirms the project scope;
Client completes relevant payments;
Client provides necessary text, images, branding information, and other content;
XanTonics Inc. commences design based on confirmed requirements;
Design deliverables are provided to the client for review;
Necessary modifications are made according to the agreed scope;
Final design deliverables are delivered.
The specific flow may be adjusted depending on the project type.
- Client-Provided Content
The client shall ensure that the text, images, logos, trademarks, photographs, fonts, graphics, brand information, and other content provided to XanTonics Inc.:
are legally owned by the client;
or the client has obtained legal authorization to use them;
does not infringe upon the intellectual property rights of any third party;
does not infringe upon the privacy rights, portrait rights, or other legitimate rights of any third party;
does not contain content that violates applicable laws and regulations.
The client assumes corresponding responsibility for the content it provides.
If the materials provided by the client lead to copyright, trademark, or other rights claims by third parties, the client shall bear the corresponding responsibility arising from the content it provided.
- Intellectual Property and Specific Ownership
The ownership of intellectual property rights is an important part of these Terms of Service.
6.1 Client-Provided Materials
The original intellectual property rights of the logos, trademarks, brand names, text, images, photographs, commercial information, and other existing content provided by the client to XanTonics Inc. before or during the project remain with the client or its legal rights holder.
XanTonics Inc. will only use these materials to the extent necessary to provide design services.
6.2 Existing Materials from XanTonics Inc.
XanTonics Inc. already owns or legally acquires the following materials prior to the commencement of the project:
Design methodologies;
General design elements;
Template;
Workflow;
Tools;
Technical documents;
Non-proprietary materials;
General graphic resources;
Pre-existing design elements;
The intellectual property rights of these materials remain with XanTonics Inc. or the relevant rights holders.
The client does not acquire independent ownership of the aforementioned pre-existing content simply by purchasing a design service.
6.3 Customized Final Design Deliverables
For design deliverables specifically customized for the client and ultimately delivered, the client acquires, upon full payment by the client, the relevant rights created by XanTonics Inc. and legally transferable within the final delivered design deliverables, unless otherwise expressly agreed in the order.
In other words, the agreed rights to the final customized design deliverables belong to the client, provided that the client has completed full payment.
The client may use the final delivered deliverables in accordance with applicable laws and for their own commercial, promotional, branding, and marketing activities.
6.4 Unused Design Options
Unless otherwise agreed in writing by both parties, the rights granted to the client apply only to the final, confirmed, and delivered design deliverables.
Drafts, concept designs, alternative designs, initial design directions, and undelivered versions not selected by the client are not automatically transferred to the client.
6.5 Third-Party Resources
If the final design deliverables contain fonts, images, icons, materials, stock photo libraries, or other content controlled by a third party’s license, such content remains subject to the relevant third-party license terms.
The rights granted to the client will not exceed the scope of legal licenses obtained by XanTonics Inc. from third parties.
If a third-party resource requires a separate license purchase by the client, XanTonics Inc. may inform the client in advance.
6.6 Design Source Files
Whether PSD, AI, INDD, Figma, or other editable source files are provided depends on the specific services purchased by the client or a written agreement between both parties.
If the source files are not included in the order delivery, the client may not automatically obtain all source files solely based on ownership of the final product.
- Portfolio Display Rights
Unless the client explicitly requests confidentiality in writing before the project begins, XanTonics Inc. may display publicly released final design deliverables on its:
Official Website;
Portfolio;
Social Media;
Promotional Materials;
Marketing Content;
to showcase the company’s design capabilities and service examples.
If the project involves undisclosed business information, confidential content, or items that the client explicitly requests should not be disclosed, XanTonics Inc. will handle the matter according to the agreement between both parties.
- Revisions and Client Feedback
Design services typically require client feedback.
Clients should provide clear and complete revision suggestions promptly.
If the order specifies a number of revisions, the revision service will be based on that number.
The following may be considered new design requirements rather than ordinary revisions:
Completely changing the original design direction;
Changing the confirmed overall design concept;
Adding design items not included in the original order;
Adding new pages or design sizes;
Requesting a complete remake of the confirmed design.
Such additional work may incur additional costs.
- Customer Responsibility
The customer is responsible for ensuring that the information provided to XanTonics Inc. is accurate, complete, and timely.
Project delivery time may be extended accordingly if the customer delays in providing information, feedback, or confirmation.
XanTonics Inc. shall not be liable for project delays caused by the customer’s failure to provide necessary information in a timely manner.
- Acceptable Use
The customer may use the purchased and delivered design deliverables for legitimate commercial or personal purposes, such as:
Corporate branding;
Websites and online platforms;
Social media;
Advertising;
Print materials;
Packaging and marketing materials;
Business promotion;
Internal company documents.
The customer may not use any design content that has not been delivered by XanTonics Inc. or authorized for use by XanTonics Inc. for commercial activities.
- Prohibited Activities
When using the website or services, customers shall not:
Use the services to engage in illegal activities;
Provide materials that infringe on the intellectual property rights of third parties;
Impersonate other individuals or companies;
Provide fraudulent or false information;
Upload malicious software or harmful code;
Interfere with the normal operation of the website;
Unauthorized access to the website’s backend or system;
Attempt to obtain other customers’ information;
Use unauthorized design drafts for commercial purposes;
Violate the licensing terms of third-party materials;
Request the creation of content that violates applicable laws and regulations;
Use the services to infringe on the legitimate rights and interests of others.
In the event of a serious breach of these terms, XanTonics Inc. may suspend or terminate the relevant services and take further action to the extent permitted by applicable law.
- Service Suspension or Termination
If a customer seriously breaches these terms, XanTonics Inc. may suspend or terminate the relevant services to the extent permitted by applicable law.
If a customer cancels a project, completed work, services provided, and reasonable fees incurred may not be refunded. Eligibility for a refund is subject to applicable refund policies and order stipulations.
- Limitation of Liability
To the maximum extent permitted by applicable law, XanTonics Inc. shall not be liable for any indirect, incidental, special, or consequential damages arising out of, but not limited to:
Loss of business opportunities;
Loss of profits;
Loss of data;
Business interruption;
Third-party claims;
Losses arising from customer-made design modifications;
Third-party rights disputes arising from customer-provided content.
For direct liability arising from XanTonics Inc.’s provision of services, to the maximum extent permitted by applicable law, the total amount of liability shall, in principle, not exceed the service fee actually paid by the customer to XanTonics Inc. for the specific design project for which liability arises.
Nothing in these Terms is intended to exclude or limit liability that cannot be legally excluded or limited under applicable law.
- Intellectual Property Infringement Liability
XanTonics Inc. will use reasonable efforts to avoid unauthorized use of protected third-party materials.
However, if a customer requests the use of its own images, logos, trademarks, text, fonts, or other materials, the customer should ensure that it has the legal right to use them.
For any third-party intellectual property disputes arising from materials provided or specified by the client, liability shall be determined by the relevant source of rights and applicable law.
- Dispute Resolution
If a dispute arises between the client and XanTonics Inc. regarding services, payment, design deliverables, or these Terms, both parties should first attempt to resolve the dispute amicably through communication.
The client may submit a description of the dispute to XanTonics Inc. through the official contact method, including:
Order information;
The disputed matter;
Relevant evidence;
Desired resolution method.
Both parties should first attempt to resolve the dispute through negotiation.
If negotiation fails to resolve the dispute, either party may seek resolution from a court or other legally competent dispute resolution body in accordance with applicable law.
- Applicable Law
Unless otherwise mandatory under applicable law, these Terms and conditions and any related relationships between XanTonics Inc. and the client arising from the services shall be governed by the applicable law of the jurisdiction where XanTonics Inc. is registered.
Any dispute shall be resolved by a court or dispute resolution body with legal jurisdiction.
If XanTonics Inc.’s place of incorporation or principal place of business changes, the company may update the legal and jurisdictional information in these Terms in accordance with applicable law.
- Third-Party Services
To provide website, payment, file transfer, communication, or other related functions, we may use third-party service providers.
Third-party services may have their own terms of service and privacy policies.
Customers using relevant third-party services should comply with the applicable rules of that third party.
- No Guarantee of Specific Business Results
XanTonics Inc. provides graphic design services, not a guarantee of sale.
We do not guarantee that a particular design will:
Increase sales;
Increase website traffic;
Improve advertising conversion rates;
Acquire a specific number of customers;
Achieve a specific business profit;
Achieve a specific market ranking.
Ultimate business results may be affected by market conditions, prices, products, marketing strategies, customer behavior, and other factors.
- Terms Modification
XanTonics Inc. may update these Terms in accordance with business changes, service adjustments, or legal requirements.
The updated terms will be posted on the website, indicating the latest effective date.
Where law requires or where the parties have entered into a separate written agreement, the specific provisions of that agreement may take precedence over the general provisions of these Terms.
- Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
A invalid provision shall be adjusted or interpreted to the fullest extent permitted by applicable law to achieve the original commercial purpose as much as possible.
- Entire Agreement
These Terms, order information, service descriptions, and any expressly confirmed written project agreements between the parties constitute the entire agreement between the parties regarding the relevant design services.
If the order page or written confirmation documents from both parties contain specific provisions for a particular project, those specific provisions shall take precedence to the extent expressly stated.