Terms & Conditions
Last Updated: February 7, 2025
1. INTRODUCTION
This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between Ordinary Company, LLC, a limited liability company organized under the laws of the State of Pennsylvania (“Ordinary Co.”), and the user (“Client”), whether personally or on behalf of an entity, regarding access to and use of Ordinary Co.’s website: https://the-ordinary-company.com (the “Website”) and any associated media channels, mobile websites, or applications linked to it. By accessing or using the Website, the Client agrees to comply with these Terms and Conditions. If the Client does not agree, they must discontinue use immediately. Any outstanding obligations of the Client to pay for services rendered shall remain in effect.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the Website and all associated source code, databases, functionalities, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos (collectively, the “Content” and “Marks”) are owned by Ordinary Co. and are protected under intellectual property laws. The Client is granted a limited license to access and use the Website for personal use only. Unauthorized reproduction, distribution, or commercial exploitation of the Content or Marks is strictly prohibited without prior written consent from Ordinary Co.
3. OWNERSHIP OF MATERIALS
All design and source files created for the Client (“Projects”) shall be the sole property of the Client. Ordinary Co. assigns all rights, title, and interest in such Projects to the Client. The Client warrants that any materials provided to Ordinary Co. for use in a Project do not infringe upon third-party rights. Ordinary Co. reserves the right to publicly display Client Projects unless otherwise restricted by a written agreement.
4. THIRD-PARTY FONTS
If a Project incorporates third-party fonts requiring a commercial license, the Client must independently purchase the necessary licenses. Ordinary Co. will provide notice of such third-party font usage, but the Client assumes full responsibility for ensuring legal compliance.
5. USER REPRESENTATIONS
By using the Website, the Client represents and warrants that they:
- Have the legal capacity to enter into this Agreement;
- Are not a minor in their jurisdiction of residence;
- Will not access the Website through automated or non-human means;
- Will not use the Website for unlawful purposes;
- Will not violate any applicable laws or regulations.
6. PROHIBITED ACTIVITIES
The Client shall not:
- Engage in unauthorized use of the Website;
- Extract Website data to create databases or directories;
- Circumvent security measures;
- Use the Website to compete with Ordinary Co.;
- Engage in fraudulent, deceptive, or unlawful conduct;
- Disrupt the functionality of the Website;
- Upload harmful software such as viruses or Trojan horses.
7. CLIENT FEEDBACK
Any feedback, suggestions, or submissions provided by the Client shall become the sole property of Ordinary Co. Ordinary Co. may use such feedback for any lawful purpose without acknowledgment or compensation to the Client.
8. WEBSITE MANAGEMENT
Ordinary Co. reserves the right to monitor, modify, or restrict access to the Website as necessary, at its sole discretion, without notice or liability.
9. PRIVACY POLICY
By using the Website, the Client agrees to be bound by the Privacy Policy, which governs the collection and use of personal information.
10. RETURNS AND REFUNDS
Refund requests are reviewed on a case-by-case basis. If a refund is granted, a 25% administrative fee will be applied to the remaining billable period. Any work produced by Ordinary Co. before the refund shall remain its property unless otherwise agreed.
11. MODIFICATIONS TO THE WEBSITE
Ordinary Co. may alter, suspend, or discontinue any aspect of the Website without notice or liability.
12. SERVICE AVAILABILITY
Ordinary Co. does not guarantee uninterrupted access to the Website and shall not be liable for any service disruptions beyond its control.
13. GOVERNING LAW
This Agreement shall be governed by and construed under the laws of the State of Maryland.
14. DISPUTE RESOLUTION
All disputes shall be resolved in the state or federal courts of Washington County, Maryland. The parties waive any objections based on jurisdiction or venue.
15. DISCLAIMER OF WARRANTIES
The Website is provided “as is” without warranties of any kind. Ordinary Co. disclaims all express and implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
16. LIMITATION OF LIABILITY
Ordinary Co. shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the Client’s use of the Website.
17. INDEMNIFICATION
The Client agrees to indemnify and hold Ordinary Co. harmless from any claims, liabilities, or damages arising from their use of the Website, violation of this Agreement, or infringement of third-party rights.
18. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
The Client consents to receiving electronic communications and acknowledges that electronic agreements, notices, and records satisfy legal requirements.
19. LICENSING COMPLIANCE
The Client is solely responsible for ensuring that all content displayed on their platforms is properly licensed. Ordinary Co. is not responsible for any unauthorized use of third-party content by the Client.
20. SHOWCASING CLIENT WORK
Ordinary Co. reserves the right to publicly display completed Projects unless otherwise restricted by a confidentiality agreement.
21. MISCELLANEOUS
If any provision of this Agreement is found to be unenforceable, the remainder shall remain in full force and effect. No agency, partnership, or joint venture is created by this Agreement.
22. CONTACT INFORMATION
For inquiries regarding these Terms and Conditions, please contact: hello@ordinaryco.design.