Terms and Conditions

1. Introduction

These terms and conditions (the "Agreement") are entered into between Libramonte.co, the client ("Client"), and Randall Libramonte, the freelancer ("Freelancer"). This Agreement outlines the terms and conditions under which the Freelancer will provide multimedia creation services, including but not limited to web design, graphic design, short-form video, user-generated content (UGC), and other related services (collectively, the "Services").

2. Accessing and Using the Website

By accessing or using our website, you agree to the following terms and conditions. You represent and warrant that: (a) you are 13 years of age or older; (b) you accept the policies and practices described in these Terms; and (c) you acknowledge that we may modify these Terms from time to time. Any changes to these terms will be communicated to users via email notifications, and by continuing to use our website after such modifications, you agree to be bound by the updated Terms.

3. Digital Millennium Copyright Act (DMCA) Notice and Takedown Procedure

Libramonte.co respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe any material on our website infringes on your copyright rights, you may send us a notice requesting that we remove the material or block access to it. Notices must include the following:

• Your contact information (name, address, email)
• A description of the copyrighted work and the material claimed to be infringing
• A statement of good faith belief that the use of the material is not authorized by the copyright owner
• Your physical or electronic signature

If you believe someone has wrongfully filed a notice of infringement against you, you may submit a counter-notice meeting the DMCA’s requirements.

4. Scope of Services

The Freelancer will provide multimedia creation services as described in the proposal or statement of work. When a client makes a deposit, it serves as acknowledgment of the agreed-upon services. The Services include but are not limited to web design, graphic design, short-form video, UGC, and ongoing website maintenance. No "Exhibit A" is required unless otherwise stated in the contract.

5. Registration and Personal Information

Libramonte.co does not store any personal data beyond what is necessary to provide the requested services. Any personal data provided will be handled in accordance with applicable privacy laws, such as GDPR or CCPA, if required. Clients have the option to opt-out of receiving promotional communications at any time. For more details, please see our Privacy Policy.

6. Deadline

Any deadlines for the delivery of Services will be mutually agreed upon and clearly outlined in the signed contract or proposal. No penalties or additional fees will be imposed beyond what is stated in the contract.

7. Fees and Payment

Clients agree to pay the fees as outlined in the proposal. Libramonte.co does not currently charge late fees, but failure to pay by the agreed-upon deadline may result in the forfeiture of the deliverables.

8. Third-Party Software, Fonts, and Images

Any third-party assets, including software, fonts, or images used in deliverables, are subject to their respective license terms. These third-party assets are not owned by the client, and the use of such assets by the client must comply with applicable licensing agreements.

9. Intellectual Property Rights & Ownership of Deliverables

Clients are entitled to unlimited minor revisions on all multimedia content deliverables, including websites, visual assets, and videos. Minor revisions are defined as simple changes such as:

• Image updates
• Copy/text changes
• Small, easy-to-build sections (e.g., updating a single section of a webpage or video).

Major revisions, including CMS-related tasks, complete page builds, new features, enhancements, or complex alterations, are not included in this offer and will be subject to an additional fee.

For website projects, if the client wishes to assume complete control of the website (including transferring all webmaster keys, admin access, and highest-level privileges), they forfeit the right to unlimited minor revisions. Once Libramonte.co is removed as the webmaster, the client loses the benefit of free revisions, and any future updates or changes will be subject to standard revision fees.

10. Warranty

Libramonte.co warrants that all services will be provided in a professional manner, adhering to generally accepted industry standards. Clients are entitled to up to three rounds of revisions before additional charges apply. Libramonte.co will notify clients beforehand if additional fees are required for revisions.

11. Liability Limitation

Libramonte.co is not liable for any third-party issues, such as hosting provider downtime or third-party software failures. Clients acknowledge that the use of third-party services is beyond Libramonte.co's control, and no warranty is provided for those services. To the maximum extent permitted by law, Libramonte.co will not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits or business interruption.

12. Confidentiality

Both parties agree to maintain the confidentiality of proprietary and sensitive information shared during the course of the project. This includes client data, trade secrets, business processes, and any other information designated as confidential. Both parties agree to implement necessary security measures to protect this information, and subcontractors working on the project will also be bound by this confidentiality clause.

13. Indemnity

Clients agree to defend, indemnify, and hold Libramonte.co harmless from any and all claims, losses, costs, and expenses, including reasonable attorney fees, arising out of any violation of these terms. This includes claims related to intellectual property infringement, client-provided content, or misrepresentations made by the client.

14. Termination

Clients may cancel services at any time, but no refunds will be provided for ongoing services such as monthly subscriptions (e.g., unlimited visual design services). If a client cancels within the month, they are not entitled to prorated refunds. Failure to pay for ongoing services by the deadline will result in forfeiture of the deliverables, and no further work will be provided until payment is received.

For unlimited visual design services or any ongoing services, the client is charged a flat monthly rate regardless of when they onboard during the month. If the client begins services mid-month, they are still responsible for the full payment of that month, and no prorated fees will apply.

For website services, if the client fails to make payment by the agreed-upon deadline, the website may be subject to suspension or removal, and all services will be paused until payment is received. If payment remains outstanding, Libramonte.co reserves the right to take the website offline, and access to the site may be restricted until all fees are settled.

15. Governing Law & Arbitration

This Agreement is governed by the laws of the State of Hawaii, U.S.A., and applies to all clients, regardless of location. Any disputes arising under this Agreement will be resolved through final and binding arbitration in Honolulu, Hawaii. This arbitration process is available to clients both within and outside of Hawaii.

16. Third-Party Content and Services

Libramonte.co may use third-party service providers such as hosting platforms or payment processors. Any personal information shared with these third-party providers is subject to their respective privacy policies. Libramonte.co is not responsible for third-party content or services, and clients use such third-party services at their own risk.

17. Cookie Policy

Libramonte.co uses cookies and third-party tracking technologies to improve user experience and gather data for analytics purposes. By using the website, clients consent to the use of cookies as described in our Privacy Policy. Users can control cookies through their browser settings.

18. Changes to Terms

Libramonte.co reserves the right to modify these Terms at any time. Changes will be communicated via email, and continued use of the website or services will constitute acceptance of the updated Terms. No action is required from users to consent to these changes, except for continued usage of the site.

19. Severability Clause

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of these Terms will continue in full force and effect.

20. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements, whether written or oral. Any changes to this Agreement must be made in writing and signed by both parties. Oral or email communications are null and void once the Agreement is signed.