Terms of Service Agreement for Eloqui Branding

1. Acceptance of Terms

1.1 Binding Nature of Agreement

This Agreement constitutes a legally binding contract between Eloqui Branding and each Client who accesses or utilizes our services. By opening a support ticket, submitting a project order, or otherwise engaging in any form of communication with Eloqui Branding, you confirm that you have read, understood, and agree to adhere to this Agreement in its entirety.

1.2 Automatic Consent upon Order Submission

By submitting an order ticket, initiating a project, or otherwise engaging in any transaction with Eloqui Branding, you automatically accept and agree to comply with all terms, policies, and conditions outlined within this Agreement. This automatic acceptance is a fundamental component of our service structure and ensures that all Clients are equally bound by the same terms without additional consent requirements.

1.3 Acceptance of Additional Policies and Guidelines

In addition to this Agreement, you agree to comply with any additional guidelines, protocols, operating rules, or terms applicable to specific services, products, or features. In the event of a conflict between such additional guidelines and the terms in this Agreement, the terms specific to the relevant service will govern.

1.4 Rights Reserved for Revocation and Enforcement

Eloqui Branding reserves the right to restrict, suspend, or terminate any Client’s access to our services or website if we believe there has been a breach of any portion of this Agreement. This includes cases where Clients have violated policies set by Discord or Eloqui Branding. If a violation occurs after payment has been made, you acknowledge that you will not be entitled to any form of refund. We maintain full discretion in enforcing compliance with these terms, and repeated or flagrant violations may lead to permanent revocation of access to Eloqui Branding’s services.

1.5 Voluntary Engagement and Client Responsibility

By choosing to engage with our services, you acknowledge that you are willingly entering into this Agreement and are solely responsible for familiarizing yourself with these terms. Ignorance of the terms herein shall not excuse non-compliance. This Agreement will remain available on our website for your review at any time.

2. Modifications to Terms

2.1 Right to Modify and Amend Terms

Eloqui Branding reserves the right to alter, amend, update, or modify this Agreement, including any terms, policies, conditions, or provisions, at our sole discretion and without prior notice. Modifications may include, but are not limited to, changes in the nature, scope, or pricing of services, updates to payment policies, and amendments to confidentiality and ownership clauses.

2.2 Posting of Modified Terms and Effective Date

Any modifications to this Agreement shall be effective immediately upon posting on our official website, eloquibranding.xyz. The modified Agreement will supersede all prior versions and shall govern any subsequent transactions or engagements with Eloqui Branding. The “Effective Date” at the top of this Agreement will reflect the most recent modification date.

2.3 Client Responsibility to Stay Informed

It is the Client’s sole responsibility to review this Agreement regularly to remain informed of any changes. By continuing to use our services following any updates to these terms, you acknowledge and accept the modified Agreement in its entirety.

2.4 Notification of Significant Changes

While we may provide notice of significant modifications to registered Clients, Eloqui Branding has no obligation to notify each Client individually of any changes. Continued use of the services constitutes acceptance of all modified terms, whether or not you have reviewed them.

3. Authorized Use of Website and Services

3.1 Lawful Purpose Only

By using our website and services, you agree to do so solely for lawful purposes and in a manner that respects the rights and enjoyment of other users. Unlawful conduct is strictly prohibited and includes, but is not limited to:

• (a) Transmitting or posting offensive, defamatory, obscene, or otherwise objectionable content.
• (b) Using our website to harass, threaten, or harm any individual, group, or organization.
• (c) Engaging in activities that infringe upon the intellectual property rights, privacy, or proprietary rights of any third party.

3.2 Prohibited Conduct and Security Violations

Unauthorized Access: Attempting to gain unauthorized access to any part of our website, servers, databases, or systems, including hacking, password mining, or other means, is strictly prohibited. Distribution of Malicious Code: You are prohibited from introducing malware, viruses, worms, or other malicious code that may harm or disrupt Eloqui Branding’s website, services, or systems. Use of Automated Tools: Automated data collection, including data mining, robots, or scraping tools, is forbidden without our prior written consent.

3.3 Consequences of Unauthorized Use

Any violation of this section may result in immediate termination of access to our services, as well as legal action to recover damages or costs associated with the breach. If a violation occurs after payment has been made, you will not be entitled to a refund. We reserve the right to seek maximum compensation for losses resulting from unauthorized or illegal conduct.

3.4 Access and Use Restrictions

Access to certain parts of our website and services may be restricted based on user roles or account type. Unauthorized attempts to bypass these restrictions, including using falsified information or false identities, are prohibited.

4. Scope of Services

4.1 Description of Services Provided

Eloqui Branding offers a comprehensive suite of graphic design services designed to meet the unique branding needs of each Client. Our services include, but are not limited to:

• Logo Design: Custom logos that reflect the identity and vision of your brand.
• Branding Development: Full branding packages that encompass brand identity, colors, typography, and overall aesthetic.
• Promotional Material Design: Brochures, flyers, posters, and other marketing materials designed to convey your message effectively.
• Custom Visual Content Creation: Visual assets for websites, social media, digital ads, and more, tailored to your specifications.

4.2 Quality Standards and Client Collaboration

Eloqui Branding is committed to delivering high-quality, visually appealing designs that align with our clients’ vision, goals, and values. We employ an iterative design process, allowing clients to participate in feedback and refinement stages to ensure that the final deliverable meets their expectations.

4.3 Customization and Scope Adjustments

Our services are tailored to each client’s specific needs; however, requests for adjustments outside the initial project scope may result in additional charges. Eloqui Branding will notify the Client of any necessary fee adjustments before commencing additional work.

4.4 Non-Guaranteed Outcomes

While we strive to fulfill every project to our high standards of quality, we do not guarantee specific outcomes, such as increased sales or website traffic, resulting from the use of our designs. The Client is solely responsible for the usage and application of our deliverables.

5. Client Responsibilities and Obligations

5.1 Feedback Deadlines and Obligations

• Timeliness: To maintain an efficient workflow, clients are required to provide timely feedback, generally within three (3) working days, upon receipt of drafts, proofs, or other deliverables.
• Lack of Response: If the Client fails to respond within seven (7) calendar days, Eloqui Branding will interpret the lack of response as implicit approval, and the project will proceed to the next phase or be considered finalized.

5.2 Edit Limitations and Additional Charges

• Initial Edits: Each project includes up to three (3) rounds of edits or revisions, which are limited to adjustments of the initial design concept.
• Extra Edits: Additional edits beyond the initial three rounds are available for a fee of $3 USD or R$500 (Robux) per extra revision.
• Scope of Revisions: Requests that fundamentally alter the initial design concept or fall outside the agreed project scope will be assessed as new projects and billed accordingly.

5.3 Professional Communication and Conduct

Eloqui Branding expects all clients to communicate respectfully and professionally with our staff. We will not tolerate abusive, threatening, or inappropriate language directed at our team members. Violations may result in the immediate termination of services, and no refund will be issued in such cases.

5.4 Obligations to Provide Accurate Information

Clients are required to provide accurate, up-to-date information relevant to the project. Eloqui Branding will not be held responsible for delays or errors resulting from incomplete or inaccurate information provided by the Client. Any misrepresentation or failure to provide necessary and accurate information can lead to project delays or errors, for which Eloqui Branding will not be held responsible. Furthermore, if these inaccuracies result in significant deviations from the project scope, additional charges may apply to rectify the work.

5.5 Compliance with Discord’s Terms of Service, Eloqui Branding’s Terms of Service, and General Discord Guidelines

Clients must adhere to all applicable terms outlined by Discord and Eloqui Branding. This includes complying with:

• (a) Discord’s Terms of Service: Clients are required to maintain conduct and behavior in alignment with Discord’s community standards and regulations. Any violation of these terms during engagement with Eloqui Branding’s services or in the context of communication with our team will be regarded as a breach of this Agreement.
• (b) Eloqui Branding’s Terms of Service: Clients must uphold all conditions and obligations set forth in this Agreement, encompassing respectful interactions, compliance with service protocols, and adherence to project-related stipulations. Breaking any of Eloqui Branding’s internal rules or terms outlined in this document constitutes a direct violation.
• (c) Eloqui Branding’s Discord Guidelines: Clients must follow the specific rules and guidelines outlined in the #information channel of the Eloqui Discord server. These guidelines are designed to foster a respectful and productive community atmosphere. Violations, including but not limited to harassment, inappropriate behavior, or failure to observe server-specific policies, will result in penalties that may include temporary suspension or permanent bans.

Consequences of Non-Compliance:

• Immediate Service Termination: If a Client breaches any of the aforementioned terms—whether related to Discord’s regulations, Eloqui Branding’s service terms, or general Discord guidelines—Eloqui Branding reserves the right to immediately terminate services without prior notice. Such termination will be final and non-negotiable.
• No Refunds Issued: If services are terminated due to a violation of Discord’s Terms of Service, Eloqui Branding’s Terms of Service, or any rules stated in the #information channel on the Eloqui Discord server, the Client will not be entitled to a refund, regardless of whether the payment was made in full or partially.

6. Payment Terms and Financial Obligations

6.1 Establishment of Payment Terms and Schedules

Eloqui Branding will outline payment terms, including total amounts, payment schedules, and due dates, prior to the commencement of each project. Clients agree to adhere to these terms to ensure uninterrupted progress on their projects. Failure to comply with these payment terms may result in suspension or cancellation of services.

6.2 Additional Fees for Scope Adjustments or Extra Services

If a Client requests additional services, modifications, or adjustments outside the original project scope, supplementary charges may apply. Eloqui Branding will inform the Client of any additional fees prior to proceeding with extra work.

6.3 Final Deliverables Contingent upon Full Payment

All final design files, digital assets, and deliverables will be made available to the Client only upon receipt of full payment. Payment in full serves as confirmation that the Client is satisfied with the completed work and that the project has been executed in accordance with their specifications.

6.4 Full Prepayment Requirement

• (a) Payment in Advance: Full payment for services is required before any work begins on the project. Eloqui Branding maintains a strict prepayment policy to secure project resources and prioritize work for clients who have completed payment.
• (b) Payment Confirmation: Eloqui Branding will confirm the receipt of payment before proceeding with any initial drafts, designs, or creative work.
• (c) Non-Refundable Commitment Upon Start: Once payment is received and work has commenced, the Client’s commitment to the project is confirmed, and refunds will follow the refund eligibility schedule outlined in Section 8.

6.5 Non-Payment and Suspension of Services

Failure to complete payment before the project start date will result in the suspension of all work on the project. Eloqui Branding reserves the right to halt all services and deliverables until full payment has been received and confirmed. Persistent non-payment may lead to permanent cessation of services and may disqualify the Client from future engagements.

7. Revisions Policy

7.1 Three Included Revisions

Each project includes a maximum of three (3) rounds of revisions. These revisions are intended to refine and perfect the initial design based on Client feedback and input. Revisions are limited to modifications of the original design concept.

7.2 Additional Revision Requests and Associated Fees

Revisions beyond the initial three rounds will incur an additional fee of $3 USD or R$500 (Robux) per extra edit. Any major design changes that deviate from the original concept or agreed-upon scope will be considered separate projects and billed accordingly.

7.3 Limitations on Revisions

Revisions apply exclusively to the original design concept. Requests for entirely new designs or fundamental changes that go beyond the scope of the initial project will be billed as new services at standard rates. Clients should be specific in their feedback to ensure that revisions remain within these parameters.

8. Refund Policy

8.1 Refund Policy and Eligibility

Eloqui Branding’s refund policy is as follows:

• 100% Refund: Available if no designer claims the Client’s ticket within a reasonable timeframe after submission.
• 70% Refund: Available if the refund request is submitted prior to any work beginning on the project.
• 50% Refund: Available if requested after project commencement but before final delivery.
• No Refund: Refunds will not be issued once the finalized design product has been delivered. Moreover, if a Client violates any terms of this Agreement, Discord’s Terms of Service, or Eloqui Branding’s internal rules as outlined in Section 5.5, the Client forfeits any right to a refund.

8.2 Non-Refundable Services

Design work that has been completed and delivered is considered non-refundable. Refund eligibility depends on the stage of the project at the time the request is submitted. Clients should review their responsibilities and ensure compliance with all terms to maintain refund eligibility.

9. Discount Codes and Promotions

9.1 Issuance of Discount Codes

From time to time, Eloqui Branding may issue discount codes or promotional offers to clients. These codes may provide a percentage or fixed-dollar amount off specific services or total order amounts. Such codes are typically distributed via official communication channels, such as our website, newsletters, or social media platforms.

9.2 Restrictions on Discount Code Usage

• (a) Non-Stacking Policy: Discount codes cannot be combined or stacked. Only one discount code or promotional offer may be applied per transaction or order. Attempting to stack multiple discount codes will render all codes void.
• (b) Validity Period: Each discount code is valid only within the specified promotion period and may not be used once the promotion has expired. The Company reserves the right to cancel, withdraw, or alter the terms of any promotional code without prior notice.
• (c) Limitations on Eligible Services: Some discount codes may apply exclusively to specific services, packages, or order types. Any service exclusions will be communicated when the discount code is issued.

9.3 No Retroactive Application of Discount Codes

Discount codes or promotions cannot be applied retroactively to previous orders. They are valid only for new orders placed during the active promotion period.

9.4 Misuse of Discount Codes

Eloqui Branding reserves the right to reject or cancel any order where a discount code has been misused, including but not limited to applying the code outside the intended usage, sharing restricted codes with unauthorized users, or attempting to stack multiple codes.

10. Paid Marketing

10.1 Non-Transferable Services

Once paid marketing services have been purchased, they are non-transferable. This means:

• (a) Paid marketing cannot be transferred from one user to another user under any circumstances.
• (b) Paid marketing services cannot be transferred or applied to different servers from the one originally specified at the time of purchase.

10.2 Final and Non-Refundable Transactions

All paid advertisements are considered final and are non-refundable. By purchasing paid marketing services, you agree that no refunds will be issued under any circumstances, including dissatisfaction with the results or changes in the Client’s promotional needs.

10.3 Discount Code Restrictions

Discount codes or promotional offers cannot be applied to paid marketing services. Any attempt to use a discount code for these services will be invalid, and the full payment amount will be required before the marketing campaign begins.

10.4 Sponsored Giveaways

For sponsored giveaways conducted through Eloqui Branding:

• (a) The server hosting the giveaway is solely responsible for providing the prize associated with the sponsored event.
• (b) Eloqui Branding is not responsible for managing or re-rolling any giveaway prizes. It is the sole obligation of the server hosting the giveaway to ensure that winners receive their prizes as promised.

10.5 Flexibility of Publishing Dates

Eloqui Branding reserves the right to adjust the publishing date of your advertisement or marketing campaign for any reason. This flexibility ensures we can accommodate unforeseen circumstances or scheduling adjustments. Clients will be informed if such changes occur but are not entitled to refunds or compensation for rescheduling.

10.6 Ad Positioning Adjustments

The position or placement of your advertisement may also be subject to changes at the discretion of Eloqui Branding. Adjustments to ad positioning may occur to ensure optimal visibility, alignment with other campaigns, or adherence to updated promotional strategies. Clients acknowledge and accept that ad positions are not guaranteed and may be adjusted without prior notice.