TERMS & CONDITIONS
Jessica Digital Creative Studio
These Terms & Conditions are issued by Jessica Newman, trading as Jessica Digital Creative Studio, a sole trader operating under the laws of England and Wales ("the Contractor", "we", "us"). They apply to your use of our website, any enquiry you make with us, and any purchase of a Brand Audit made through our checkout ("the User", "the Client", "you").
1. About These Terms
1.1 This website provides information about the design services offered by the Contractor, including retainer content design, branding, icon design, Design Day Pass services, and Brand Audits.
1.2 Bookings for retainer, branding, icon, and Design Day Pass services are handled directly with clients via Dubsado or email, and are governed by a separately signed service agreement, not by these Terms.
1.3 Brand Audit purchases are made directly through checkout, without a separately signed agreement. Section 4 of these Terms sets out the full terms governing that purchase, and forms the binding contract between you and the Contractor for that service.
1.4 This Agreement is intended for clients contracting in the course of their business, trade, or profession. If you are purchasing as a consumer, please contact us before completing checkout, as additional statutory consumer rights may apply which are not excluded by these Terms.
2. Use of This Website
2.1 You may browse this website for personal, non-commercial informational purposes only.
2.2 You must not:
copy, reproduce, or republish any part of this website without written permission;
use any automated system, bot, or scraper to extract content or data from this website;
attempt to gain unauthorised access to any part of this website or its underlying systems;
use this website in any way that could damage, disable, or impair its operation, or interfere with any other person's use of it.
2.3 We reserve the right to restrict or terminate access to this website, for any user, at any time, without notice.
3. Enquiries and Service Agreements
3.1 Browsing this website, submitting an enquiry form, or receiving a proposal, quote, or invoice for retainer, branding, icon, or Design Day Pass services does not, by itself, create a contract between you and the Contractor.
3.2 A binding contract for those services is only formed once the relevant service agreement has been signed. Where applicable, deposits, payments, or payment plans must be completed in accordance with the payment terms set out in that service agreement.
3.3 Any pricing, availability, or service descriptions shown on this website are indicative only and are subject to change without notice, except for Brand Audit pricing confirmed at checkout under Section 4.
3.4 Payment obligations, cancellation terms, refund terms, and any commitment periods relating to retainer, branding, icon, or Design Day Pass services are governed exclusively by the relevant signed service agreement.
4. Brand Audit Purchases
4.1 Scope: a Brand Audit includes: (a) an intake form completed by the Client before the audit begins; (b) a short recorded video (Loom) providing the Contractor's initial impressions; (c) a full written audit addressing what is inconsistent within the brand, what may be undermining its effectiveness, and existing strengths worth developing further; and (d) a written recap identifying three to five (3–5) recommended actions.
4.2 Contract Formation: a binding contract for the Brand Audit is formed at the point full payment is received via checkout. No further signature or agreement is required.
4.3 Price and Payment: the price payable is the amount shown at checkout at the time of purchase. Payment is due in full, upfront, before the Brand Audit is commenced.
4.3A Payment Processing: payments for the Brand Audit are processed via Dubsado, using Stripe as the underlying payment processor. The Contractor is not responsible for any error, delay, security incident, or interruption occurring within these third-party platforms, beyond the Contractor's reasonable control. Your payment details are subject to Dubsado's and Stripe's own terms of service and privacy policy, not the Contractor's.
4.4 Delivery: the Brand Audit, including the Loom video and written audit, will be delivered to the Client's inbox within 10–14 days of purchase and receipt of the Client's completed intake form.
4.5 Client Cooperation: the Client agrees to provide any information, access, or materials reasonably requested by the Contractor in order to carry out the Brand Audit. Delays in providing this may delay delivery, and the Contractor is not liable for any resulting delay.
4.6 Cancellation and Refunds: as the Brand Audit is a digital service that begins promptly after purchase, once the Contractor has commenced work on the audit, the fee becomes non-refundable. By completing checkout, the Client expressly requests that the Contractor begin work immediately and acknowledges that this may affect their statutory right to cancel, to the extent permitted by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, where applicable.
4.6A Credit Toward Brand Renaissance: the fee paid for a Brand Audit is redeemable in full against the price of a Brand Renaissance service agreement, provided the Client books a Brand Renaissance service within three (3) months of the date of purchase. This credit is not transferable, has no cash value, and expires if not redeemed within that three-month period.
4.7 Ownership: upon full payment, the Client owns the final delivered Brand Audit report for their own business use. The Contractor retains all rights in its underlying audit methodology, frameworks, templates, and any tools used to produce the audit, which are not transferred to the Client.
4.8 Nature of the Service: the Brand Audit provides the Contractor's professional observations and recommendations. It is advisory only, does not constitute legal, trademark, financial, or regulatory advice, and does not guarantee any specific business outcome. The Client is responsible for seeking independent professional advice before acting on any recommendation, particularly in relation to trademark, legal, or regulatory matters.
4.9 Confidentiality: any information shared by the Client for the purpose of the Brand Audit will be treated as Confidential Information in accordance with Section 9 of these Terms.
4.10 Limitation of Liability: nothing in this Section 4 limits or excludes the Contractor's liability for death or personal injury caused by the Contractor's negligence, fraud, or any other liability which cannot be limited or excluded under applicable law. Subject to this, the Contractor's total liability arising from the Brand Audit shall not exceed the fee paid for that Brand Audit, and the Contractor shall not be liable for any indirect, incidental, or consequential losses.
4.11 Any claim relating to a Brand Audit must be brought within six (6) months of the date of delivery, after which no claim may be made.
5. Intellectual Property
5.1 All content on this website — including text, graphics, logos, images, portfolio work, and design examples — is the property of the Contractor or is used with permission, and is protected by copyright and other intellectual property laws, unless otherwise stated.
5.2 Portfolio examples displayed on this website may include work created for past or current clients, shown in accordance with the portfolio and marketing permissions set out in the relevant client's signed service agreement.
5.3 You may not use, reproduce, or adapt any content from this website for commercial purposes without prior written consent from the Contractor.
6. Accuracy of Information
6.1 We take reasonable care to ensure the information on this website is accurate and up to date, but we do not warrant that all content is complete, current, or error-free.
6.2 We reserve the right to update, amend, or remove any content on this website at any time without notice.
7. Links to Other Websites
7.1 This website may contain links to third-party websites (for example, social media platforms, Dubsado, or Flodesk). We are not responsible for the content, accuracy, or practices of any third-party websites, and including a link does not imply endorsement.
8. Limitation of Liability — Website Use
8.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be limited or excluded under applicable law.
8.2 Subject to Clause 8.1, this website and its content are provided "as is", and we accept no liability for any loss or damage arising from your use of, or inability to use, this website, including any reliance placed on its content.
8.3 This Clause 8 relates only to your use of the website itself. Liability arising from a Brand Audit is governed by Section 4; liability arising from any other service is governed exclusively by the relevant signed service agreement.
9. Confidentiality
9.1 The obligations set out in this Section 9 apply from the point any information is shared with the Contractor and will continue after these Terms, or any related purchase, come to an end.
9.2 "Confidential Information" means any information relating to the Client, whether business or personal, which is not publicly available and which a reasonable person would consider private or proprietary, and the disclosure of which could reasonably be expected to cause harm to the Client.
9.3 The Contractor will not disclose or use any Confidential Information except where authorised in writing by the Client or required by law.
9.4 Confidential Information does not include information that is publicly available or becomes publicly available other than through a breach of these Terms.
10. Privacy & Data Protection
10.1 Jessica Newman is registered with the Information Commissioner's Office (ICO) under registration number ZC186588.
10.2 Any personal data submitted through this website, via enquiry, or in connection with a Brand Audit purchase is handled in accordance with our separate Privacy Notice, available on request or published on this website, and in compliance with the UK General Data Protection Regulation (UK GDPR).
11. Governing Law and Jurisdiction
11.1 These Terms, and any dispute arising from them, are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any such dispute.
12. Changes to These Terms
12.1 We may update these Terms from time to time. The version published on this website at the time of your visit or purchase applies. Changes made after a Brand Audit purchase do not retroactively alter the terms of that purchase, and changes do not retroactively alter any separately signed service agreement.
13. Contact
13.1 Questions about these Terms can be directed to hello@jessicadigitalstudio.com.