Terms & Conditions
These Terms and Conditions ("Terms") constitute a legally binding agreement and govern the contractual relationship between [JK21.STUDIO], a company established under Austrian law ("Provider"), and the client, whether a natural person or a legal entity ("Client"), regarding the use of the design services offered by the Provider, including the membership model, the website [https://www.jk21studio.com/] and all associated online media, platforms, or mobile applications (hereinafter collectively referred to as "Services").
By subscribing to a membership and using the Services, the Client expressly agrees to be bound by these Terms. If the Client does not agree to the provisions of these Terms, they are not permitted to use the Services. In the event of a breach of these Terms, the Provider reserves the right to terminate the relationship with the Client immediately. Existing payment obligations of the Client to the Provider remain unaffected and must be fulfilled.
1.1. Membership Model
The Provider offers its design services as a monthly recurring membership. By joining the membership, the Client gains access to ongoing design services, the scope of which will be determined by agreement.
1.2. Payment
Membership fees are to be paid monthly in advance. Payment is due at the beginning of each month and is binding for the entire month. Refunds for already paid contributions are excluded, even if the services were not fully utilized or not utilized at all.
1.3. Termination and Suspension of Membership
The Client may terminate or suspend the membership at any time without providing a reason. However, the termination or suspension will only take effect at the end of the current month. Until that time, the full membership fee remains due.
1.4. Non-Payment
If payment of the membership fee is not made, access to the Services will be suspended until all outstanding amounts are settled.
2.1. Client Ownership
All design works and original source materials created under the membership ("Projects") become the property of the Client upon full payment. The Client acquires unrestricted usage rights to the created designs. A separate transfer of copyright is not necessary.
2.2. Responsibility for Provided Materials
The Client guarantees that all materials provided by them (e.g., logos, images, texts) are lawful and do not infringe any third-party rights, particularly copyright or trademark rights. The Client is liable for any damages arising from the unlawful use of such materials.
2.3. Use by the Provider
The Provider reserves the right to use created designs for portfolio purposes (e.g., on the website or social media) unless otherwise agreed. If the Client does not wish this, a Non-Disclosure Agreement (NDA) can be established.
If third-party fonts are used in a design, the Client is responsible for acquiring the necessary licenses. The Provider will inform the Client in writing about the use of such fonts and provide all necessary information for obtaining the license. The Client is liable for any consequences resulting from a failure to obtain the required licenses.
4.1. Client Responsibility
The Client agrees to use the Service only for the purposes intended and not to engage in any unlawful or prohibited activities.
4.2. Prohibited Activities
The Client is prohibited from:
- Using the Services for illegal activities or to harm the Provider or third parties,
- Extracting or otherwise using content or data without permission,
- Modifying, decompiling, or circumventing security features of the platform,
- Harassing, threatening, or harming the Provider or its employees.
Refunds for already paid membership fees are excluded. The Client is responsible for payment for the entire month, regardless of whether the Services were utilized.
5.2. Credits for Service Interruptions
If the Provider is unable to provide the Services due to technical or other unforeseen circumstances, the Client may receive a pro-rata credit for the following month.
6.1. Limitation of Liability
The Provider is not liable for indirect, incidental, or consequential damages, including but not limited to lost profits, data loss, or other economic losses resulting from the use of the Services.
6.2. Indemnification
The Client agrees to indemnify and hold harmless the Provider, its employees, and contractors from any claims made by third parties arising from the Client's use of the provided content or from the Client's breach of these Terms.
The Provider commits to comply with data protection regulations and to treat the Client's data confidentially. Further details regarding data protection can be found in the Provider's privacy policy.
The Client agrees to receive all contractual communications in electronic form. This includes invoices, notifications, and contracts.
The Provider is not liable for delays or failures to fulfill its obligations due to events beyond its control, including but not limited to natural disasters, war, terrorist acts, labor disputes, or technical disruptions.
These Terms are governed by the laws of the Republic of Austria. For any disputes arising in connection with these Terms, the competent court in Vienna shall have exclusive jurisdiction.
11.1. Amendments to the Terms
The Provider reserves the right to amend these Terms at any time. Changes will be communicated to the Client at least 14 days prior to their effective date.
11.2. Severability Clause
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the statutory regulation shall apply.
For any questions or complaints regarding these Terms or the Services, please contact the Provider at: [jakob@jk21studio.com].
