Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the services provided by Eunika Agency (“we”, “us”, “our”) via our website (eunika.agency) or through direct engagement (the “Services”). By engaging with us (e.g. signing a contract, paying an invoice, using our site), you agree to these Terms.

If you disagree with any part of these Terms, you must not use or engage our Services.

1. Definitions

• Client / You / Your: the individual or entity engaging our Services.

• Service(s): any deliverable, product, consulting, design, development, marketing, content, hosting, SEO, or related service we provide.

• Deliverables: the final outputs (e.g. website, content, campaign reports) to be delivered under a given engagement.

• Contract / Agreement: a written (or electronic) agreement between you and us outlining scope, payment, timeline, and any additional terms.

• Confidential Information: business, technical, financial, or other sensitive information disclosed between parties, not publicly known.

2. Scope of Work

1. Proposal / Statement of Work (SOW). Before we begin, we will present a proposal or SOW outlining scope, deliverables, timeline, milestones, assumptions, and payment terms.

2. Changes / Revisions. Minor revisions (within what’s reasonably expected) are included; additional or out-of-scope changes will be quoted and billed separately.

3. Client Responsibilities. You agree to provide necessary feedback, content, access, approvals, or materials in a timely manner. Delays on your side may shift timelines.

4. Third-Party Tools / Licenses. If a deliverable requires third-party licensing (e.g. fonts, plugins, software), you may need to obtain and maintain those. We are not responsible for third-party terms unless otherwise agreed.

3. Payment & Fees

1. Fees. Fees are as outlined in the proposal or contract. All payments are in [currency, e.g. USD / PHP / etc.] unless otherwise agreed.

2. Deposit / Upfront Payment. Projects often require a non-refundable deposit (e.g. 20-50%) before work begins.

3. Invoice & Payment Terms. Invoices are payable within [e.g. 15 / 30] days of issue. Late payments may incur interest of [x]% per month or the maximum allowed by law.

4. Suspension for Non-Payment. If payment is overdue, we may suspend work or hosting until resolved, without waiving rights.

5. Refunds. Refunds are generally not allowed except as explicitly stated in the contract or as required by law.

4. Delivery & Acceptance

1. Delivery. We will deliver the deliverables according to agreed milestones or timelines.

2. Review / Feedback Period. You will have [e.g. 7 / 14] days to review and provide feedback. After this review period, further changes may incur extra fees.

3. Acceptance. Deliverables are deemed accepted if no objections or requested revisions are made within the review period.

4. Hosting & Maintenance. If we host or maintain your site or systems, those terms may be under a separate service agreement.

5. Intellectual Property & Licensing

1. Ownership. Upon full payment, we grant you rights to the deliverables (e.g. website files, designs, content) as specified in the contract.

2. Agency’s Rights. We retain the right to use deliverables (or portions thereof) in our portfolio, marketing, or case studies, unless confidentiality is specified.

3. Pre-existing IP. Any pre-existing materials or third-party components remain under their original rights/owners. We may grant you a license to use them.

4. License Terms. Where licenses apply (e.g. images, fonts, software), they are granted to you under the same terms we obtained (or under terms stated in the contract).

6. Confidentiality

Each party agrees not to disclose the other party’s Confidential Information to third parties, except as required by law or as necessary to perform the Services. This duty continues for [e.g. 2 / 3 / 5] years after termination of the engagement.

7. Warranties & Disclaimers

1. Our Warranty. We warrant that we will perform services in a professional, workmanlike manner consistent with industry standards.

2. Client Warranty. You warrant that you have the rights to provide content, logos, images, trademarks, etc., and that your materials do not infringe third-party rights.

3. No Other Warranties. Except as expressly stated, all other warranties are disclaimed (including implied warranties of merchantability, fitness for a particular purpose, non-infringement).

4. Limitation of Liability. To the maximum extent permitted by law, our liability is limited to the total amount you paid us for the particular project. We are not liable for consequential, incidental, or lost profits claims.

5. Indemnification. You agree to indemnify, defend, and hold us harmless from all losses, claims, damages, liabilities, costs (including attorneys’ fees) arising from your materials, content, or breach of these Terms.

8. Termination

1. Termination by Client. You may terminate a contract with written notice, but you remain liable for work done, costs incurred, and non-refundable deposits.

2. Termination by Agency. We may terminate if you breach material terms (e.g. non-payment, failure to deliver your materials) and do not cure within a reasonable period (e.g. 10 days).

3. Effect of Termination. Upon termination, you must pay for all work completed, and we may retain or revert rights as specified in the contract.

4. Deliverables on Termination. If you terminate mid-project, we may deliver incomplete work; further modifications may require a new agreement.

9. Website Use & Content

1. Usage Rules. You agree not to misuse the website (e.g. attempt to probe, hack, deny service, upload malicious content).

2. User Content. If you submit content (feedback, comments), you grant us a royalty-free, perpetual license to use it.

3. Links. We may include external links; we are not responsible for third-party site content.

4. Disclaimers. We provide the website “as is” and are not responsible for interruptions, errors, or inaccuracies.

10. Privacy & Cookies

Your use of our Services is also governed by our Privacy Policy and Cookie Policy. These are incorporated by reference into these Terms.

11. Governing Law & Dispute Resolution

1. Governing Law. These Terms shall be governed by the laws of [State / Country] (e.g. Philippines).

2. Dispute Resolution. Any dispute will first be attempted to resolve through good faith negotiation. If that fails, disputes may be submitted to [mediation / binding arbitration / court jurisdiction].

3. Venue. Courts located in [City / Region] shall have jurisdiction, unless arbitration is chosen.

12. Miscellaneous

1. Modification of Terms. We may revise these Terms from time to time; we will notify clients of changes. Continued use or engagement constitutes acceptance.

2. Severability. If any provision is found invalid, the rest remain in force.

3. Assignment. You may not assign your rights without our consent; we may assign to an affiliate or successor.

4. Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control (e.g. natural disasters, acts of God, internet outages).

5. Entire Agreement. These Terms, together with the contract / SOW, constitute the entire agreement between you and us for the Services.