Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("Client", "you") and IN General Digital Solutions, a company registered in New Mexico, United States, trading as IN GENERAL ("we", "us", "our").

They apply when you use in-general.net and when you engage us for any service. By accepting a proposal, signing a statement of work, or paying an invoice, you confirm that you have read these Terms, that you accept them, and that you have the authority to bind the organisation you are acting for.

Services

Brand identity, website and application design and development, marketing and social media, video production, photography, and any other work described in a Proposal.

Proposal / SOW

The written document describing a specific project's scope, deliverables, timeline, and fees.

Deliverables

The final files, code, designs, and assets we hand over on completion of a project or milestone.

Client Materials

Anything you provide for us to use — logos, copy, photography, data, credentials, and third-party licences.

We provide the Services described in the applicable Proposal. Scope, deliverables, revision rounds, and timelines are defined there, and only what is written there is included.

Anything requested outside that scope is additional work. The Company will notify you prior to commencement, quote for it separately, and proceed only upon your written approval. No charge is added to an invoice which has not been agreed.

Timelines in a Proposal assume you supply Client Materials, feedback, and approvals within the agreed windows. Delays on your side move the delivery date by at least the same amount.

• Provide accurate, complete Client Materials, and the rights to use them.
• Nominate one person with authority to give feedback and sign off on Deliverables.
• Respond to requests for feedback and approval within the timeframe set in the Proposal — 5 business days where none is stated.
• Keep any credentials or access you give us valid for the duration of the project.
• Ensure the content you ask us to produce or publish is lawful and does not infringe anyone's rights.

If a project stalls for more than 30 days for reasons on your side, we may treat it as paused and re-schedule the remaining work against our then-current availability.

Fees are set out in the Proposal. Unless it states otherwise:

• A deposit of 50% of the project fee is due before work begins, and the remaining balance is due on delivery, before final files are released.
• Larger projects are billed against the milestones set out in the Proposal.
• Retainers and ongoing services are billed monthly in advance.
• Invoices are payable within 7 days of issue.

Payment is accepted by card through the Company's payment processor, and by bank transfer where a Proposal so provides. Card payments appear upon the cardholder's statement under the descriptor IN GENERAL DIGITAL.

Late payments accrue interest at 1.5% per month, or the maximum rate the law allows if that is lower, from the due date until paid. We may suspend work and withhold Deliverables on any account more than 14 days overdue, and you remain liable for fees accrued up to that point.

All fees are exclusive of taxes. You are responsible for any sales tax, VAT, withholding tax, or other levy imposed on the Services by your jurisdiction, except for taxes on our own income. Where you are required to withhold tax, the amount payable to us is grossed up so that we receive the full invoiced sum.

Refunds, cancellations, and the treatment of deposits are governed by the Company's Refund and Cancellation Policy, which forms part of these Terms. In summary, amounts corresponding to work already performed are non-refundable, and amounts paid in respect of work not yet performed are returned.

The Policy is published in full at in-general.net/refund-policy.

You own the Client Materials you provide, and nothing here changes that. You grant us a licence to use them for the sole purpose of delivering the Services.

Ownership of the final Deliverables transfers to you once we have received payment in full. Until then we retain all rights in them, and any use of the work before full payment is unlicensed.

That transfer covers the final approved Deliverables. It does not cover: concepts and drafts we did not deliver; our internal tools, frameworks, code libraries, and methodologies, which remain ours and which we license to you non-exclusively for use within the Deliverables; or third-party assets such as fonts, stock imagery, plugins, and software, which stay under their own licences and which you are responsible for maintaining.

Save where you notify the Company otherwise in writing, the Company may display completed work within its portfolio, upon its website, and across its social channels, and may identify you as a client. Such use is customary practice within the creative industry and constitutes the principal means by which prospective clients assess the Company's work.

Where a project is confidential, you should so notify the Company prior to commencement, whereupon it will be excluded entirely or made subject to an agreed embargo date. The Company will not publish any material designated by you as confidential.

Each of us may receive non-public information from the other. Both parties agree to keep it confidential, to use it only for the purpose of the engagement, and to protect it with at least the care they apply to their own confidential information. This obligation continues for 3 years after the engagement ends.

It does not apply to information that is already public, that the receiving party already held, that it develops independently, or that it is legally compelled to disclose — in which case it will give the other party notice where it is lawful to do so.

Delivering the Services often requires third-party products — hosting, domains, plugins, fonts, stock assets, advertising platforms, and payment processors. Their fees are yours unless the Proposal explicitly includes them, and their own terms govern their use.

We are not responsible for a third party's outage, price change, policy change, or discontinuation. Where such a change affects your project, we will tell you and quote any remedial work.

We warrant that we will perform the Services with the reasonable skill and care expected of a professional studio, and that the Deliverables will be our original work, except for the third-party assets identified to you.

Beyond that, the Services and Deliverables are provided "as is". We do not warrant that a website will be free of every defect, that it will be uninterrupted, or that it will remain compatible with software released after delivery. We do not guarantee commercial outcomes — search rankings, traffic, conversions, sales, follower growth, or advertising performance — because those depend on market factors outside our control.

To the maximum extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, even if it was warned that such loss was possible.

Our total aggregate liability arising out of or relating to an engagement is limited to the total fees you actually paid us for that engagement in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms excludes liability for fraud, for wilful misconduct, or for anything that cannot lawfully be excluded.

You will indemnify us against claims, damages, and reasonable legal costs arising from the Client Materials you provided — in particular claims that they infringe a third party's intellectual property or privacy rights — and from your use of the Deliverables in a manner the Proposal did not contemplate.

An engagement runs until the Deliverables are accepted or, in the case of a retainer, until either party terminates it on 30 days' written notice.

Either party may terminate immediately if the other commits a material breach and fails to cure it within 14 days of written notice, or becomes insolvent.

On termination you pay for all work performed and all non-cancellable third-party costs committed up to that date. The sections covering payment, intellectual property, confidentiality, liability, and governing law survive termination.

Neither party is liable for a delay or failure caused by events beyond its reasonable control — natural disaster, war, civil unrest, epidemic, government action, failure of national infrastructure or the internet, or a prolonged outage at a major service provider. The affected party will notify the other promptly, and deadlines extend by the length of the disruption.

These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If a dispute arises, both parties agree first to attempt to resolve it in good faith through direct discussion, beginning within 30 days of written notice of the dispute. If that fails, the state and federal courts located in Bernalillo County, New Mexico have exclusive jurisdiction, and both parties consent to that venue.

Each party brings claims only in its individual capacity, and not as a plaintiff or class member in any class or representative proceeding.

Entire agreement

These Terms together with the applicable Proposal constitute the entire agreement between the parties on their subject matter, and supersede any earlier discussion or representation.

Severability

If a court finds any provision unenforceable, the remainder stays in force and the provision is narrowed to the minimum extent needed to make it enforceable.

No waiver

A failure to enforce a right on one occasion does not waive that right.

Assignment

You may not assign this agreement without our written consent. We may assign it to a successor in connection with a merger or a sale of the business.

Independent contractors

The parties are independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship.

Notices

Written notice may be given by email — to you at the address on your account, and to us at [email protected].

We may revise these Terms. The version in force for your engagement is the one published on the date you accepted the Proposal, and a later revision does not change a project already under way unless both parties agree in writing. The date at the top of this page shows when it was last revised.

Questions about these Terms should go to [email protected], and are answered by a member of the team.