Terms & Conditions

Last reviewed 2026-10-22. Questions about any of the below? Contact us — we're happy to walk through it.

Graphic & Promotional Services Agreement

Services & term. Exclusive Image provides graphic design and promotional marketing services as scoped in your project proposal or invoice. The agreement runs from the effective date through 30 days after project completion, or longer if either party terminates it in writing.

Termination. Either party may end the agreement with 15 days' written notice. Exclusive Image may terminate immediately if requested materials are pornographic or obscene, promote unethical or illegal services, violate privacy, or if payment is not made as agreed. Hosting, care and SEO plans have their own notice period; see the Hosting, Care & SEO Plans Agreement below.

Payment. Payment is required upon issuance of invoice. We accept credit card or check. A deposit may be required before work begins.

Ownership. You receive full ownership of the finished graphic materials upon final payment. Exclusive Image retains ownership of all work product until paid in full.

Stock imagery. Stock image licensing fees up to $20 per image are included in project pricing; any fees beyond that are billed to the client.

Promotional use. Unless you request otherwise, Exclusive Image may reference completed project details in our own promotional materials, portfolio, client testimonials, and project case studies.

Website Services Agreement

Website engagements follow the same general services and payment structure outlined above. A project is deemed complete — and final payment due — once Exclusive Image has fulfilled the obligations defined in the project scope.

Unresponsiveness fee. If a client goes unresponsive for two or more months during an active project, a website proposal restart fee of 10% of the original estimate may apply before work resumes.

No guarantees. Exclusive Image does not guarantee search engine rankings for organic results, nor can it guarantee actual business growth from a website, SEO, or marketing engagement.

Security & hacking liability. While we build and maintain sites with security best practices in mind, the client indemnifies Exclusive Image against damage caused by third-party hacking or unauthorized access.

Hosting, Care & SEO Plans Agreement

This section governs Exclusive Image's monthly hosting, care and SEO plans: Host, Premium Host, Support, Care, Care + Search, SEO Starter, SEO Growth, SEO Premium and Custom. Plan details and pricing are on our Hosting, Ongoing Maintenance and Organic SEO pages. The Website Services Agreement above, including No guarantees and Security & hacking liability, also applies to plan clients.

Plans & term. Host, Premium Host, Support, Care and Care + Search renew monthly until cancelled. SEO Starter has an initial term of three (3) months. SEO Growth and SEO Premium have an initial term of six (6) months. The initial term starts with month one (setup). After the initial term the plan renews monthly until cancelled. No plan automatically renews into another fixed term.

Cancellation. Either party may cancel with thirty (30) days' written notice (email is sufficient). For these plans this notice period applies in place of the notice period in the Graphic & Promotional Services Agreement.

Early termination. If notice is given before the end of the initial term and the notice period ends inside it, the client is billed fifty percent (50%) of the monthly fee for each remaining month of the initial term. No early-termination fee applies if Exclusive Image does not deliver the agreed monthly deliverables for the plan and does not cure the failure within thirty (30) days of the client's written notice.

Monthly hours. Hours reset at the start of each billing month and do not roll over. Included services listed on the plan page (monitoring, backups, tested updates, reports, check-ins and tracking) do not use monthly hours. A typical page or post uses about 1.5 hours. If a page or post is expected to use more, Exclusive Image tells the client and agrees it before going over.

Upgrades & downgrades. The client may upgrade at any time; the new fee applies from the next billing date. A downgrade takes effect at the end of the current term.

Ending SEO. When an SEO plan ends, the client moves to Care on a month-to-month basis. The site stays online.

Handoff. On exit the client keeps access to their Google Analytics, Search Console and Google Business Profile accounts, and receives their reports and content.

Domains. Domain registration is billed yearly at the then-current price, starting at $25 per year, and is registered in the client's name. A client may keep their own registrar; Exclusive Image manages DNS at no extra charge.

Billing. Plans are billed monthly. Payment terms in the Graphic & Promotional Services Agreement otherwise apply.

Key Legal Provisions

Dispute resolution. Any dispute arising from these agreements will first proceed through mediation, then binding arbitration in Santa Clara County, California, if mediation is unsuccessful. By agreeing to these terms, both parties voluntarily give up important constitutional rights to a trial by judge or jury.

Governing law. These agreements are governed by the laws of the State of California.

Client references. Unless a client specifically requests otherwise, Exclusive Image may list them as a reference for prospective clients.

Privacy & Data Protection

Data we collect. Through contact forms, newsletter sign-ups, and web submissions, we may collect your full name, email address, and — where applicable to a project — credit/payment information.

GDPR & CCPA. Exclusive Image processes personal data in line with the EU General Data Protection Regulation and the California Consumer Privacy Act, as applicable.

How we use it. Information supports service delivery, newsletters, surveys, and service improvement, based on our legitimate interest in operating and improving the business.

Retention. Data may be retained for an unspecified period after an account becomes idle, or for as long as needed to fulfill the purposes it was collected for.

Sharing. Personal data may be shared internally across departments (administration, marketing, IT) and with service providers under confidentiality obligations. Any social media integrations on our site or a client's site are governed by that platform's own privacy policy, separate from ours.

Payment security. All credit data provided to us is transmitted via SSL (Secure Socket Layer) encryption. Credit card numbers are not stored on Exclusive Image, LLC servers.

Your rights. California consumers may request access to, deletion of, or opt-out of the sale of their personal data. We limit such requests to two per 12-month period per applicable law.

Cookies. Our site uses cookies to support advertising, collect traffic data, and improve the browsing experience. You can disable cookies in your browser settings at any time.

Accessibility Statement

Exclusive Image is committed to making our website and the websites we build accessible to everyone.

If you have difficulty accessing any part of our website, please call +1 (650) 273-0422 during business hours or contact us through our web form. Your feedback helps us improve accessibility for all users.

For client projects requiring ADA accessibility remediation, we work with a trusted accessibility partner to help meet applicable accessibility standards. While we do not control third-party websites or services, we encourage our partners to provide accessible digital experiences.

Payment Compliance

For payment processing, we maintain administrative, technical, and physical safeguards consistent with Payment Card Industry Data Security Standard (PCI DSS) requirements, and process all transactions through certified payment processors.

Questions

For anything not covered here, or to request a copy of a specific signed agreement, reach out at Contact Us or (650) 273-0422.