Terms & Conditions

These Terms of Service ("Terms") constitute a legally binding agreement between Mesmerized Studio, a company organized under the laws of the Netherlands ("Mesmerized Studio", "we", "us", or "our"), and you, whether personally or on behalf of an entity ("Client", "you", or "your"), regarding your access to and use of our website located at mesmerized.studio ("Website") and our design and development services ("Services").

By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you must discontinue use of our Website and Services immediately.

These Terms should be read alongside our Privacy Policy and Cookie Policy.

1. Intellectual Property & Ownership Rights

1.1 Your Content Ownership

All design work, original source files, and creative materials created by Mesmerized Studio specifically for Client ("Projects") shall be owned exclusively by Client. Client shall be the sole owner of all copyrights, trademarks, and other intellectual property rights in the Projects upon full payment of all fees.

1.2 Our Content Protection

Unless otherwise indicated, the Website, our proprietary design processes, methodologies, templates, and all content including but not limited to text, graphics, logos, images, software, and functionality ("Our Content") are owned by Mesmerized Studio and protected by Dutch and international copyright, trademark, and other intellectual property laws.

1.3 Client Materials Warranty

Client warrants that any materials provided to Mesmerized Studio (including examples, content, images, or other assets) are owned by Client or properly licensed, and do not infringe upon any third party's intellectual property rights.

1.4 Portfolio & Showcase Rights

Mesmerized Studio reserves the right to display Client's design work in our portfolio, website, social media, and marketing materials unless Client provides a signed Non-Disclosure Agreement (NDA) explicitly restricting such use.

2. Third-Party Licensing & Resources

2.1 Font Licensing

If any Project incorporates third-party fonts requiring commercial licenses ("Third-Party Fonts"), Mesmerized Studio will inform Client in writing. Client assumes full responsibility for purchasing necessary licenses and any consequences resulting from failure to obtain proper licensing.

2.2 Stock Content & Assets

Client is solely responsible for obtaining proper licenses for any stock photos, graphics, icons, or other third-party content used in their projects.

2.3 Software & Platform Licensing

Client must maintain valid licenses for any software, platforms, or services required to use, modify, or maintain their completed projects.

3. User Representations & Prohibited Activities

3.1 Client Representations

Client has legal capacity to enter into this agreement
Client is not a minor under Dutch law without parental consent
All information provided is accurate and current
Client will not use our Services for illegal purposes
Client's use complies with applicable laws

3.2 Prohibited Activities

Unauthorized use of our Website or Services
Reverse engineering proprietary methods
Competing directly using our resources
Uploading malware or harmful code
Violating intellectual property rights

4. Communication & Marketing

4.1 Electronic Communications

Client consents to receive communications from Mesmerized Studio via email, including project updates, invoices, legal notices, and service announcements.

4.2 Marketing Communications

Client may receive newsletters and promotional communications and may opt out at any time.

4.3 Electronic Signatures

Electronic signatures, contracts, and records are considered valid and legally binding.

5. Purchases & Payment Terms

5.1 Project Packages

We offer the following one-time project packages: Presence (€4,500), Commerce (€9,000), and Product (€15,000). Branding is available as a €2,500 add-on. Each package includes an optional monthly retainer for hosting, monitoring, and support.

5.2 Mesmerized Club Subscription

We offer a monthly subscription service ("Mesmerized Club") providing ongoing development services for a flat monthly fee. The subscription can be paused or cancelled at any time.

5.3 Pricing & Taxes

All prices are in Euros and exclude applicable VAT and taxes. Prices may change at any time; prices charged are those in effect at the time of purchase.

5.4 Payment Processing

Payments are processed through secure third-party payment processors (Stripe). Mesmerized Studio does not store your payment card details.

5.5 Invoicing

For project packages, 50% of the total fee is due upon project commencement and 50% upon completion before delivery. Monthly retainers are billed in advance.

6. Refund & Cancellation Policy

6.1 One-Time Project Packages

If Client cancels a project after work has commenced, the initial 50% deposit is non-refundable. Work completed up to the point of cancellation will be delivered to Client.

6.2 Mesmerized Club Subscription

Due to the nature of the service, we do not offer refunds for subscription periods already paid. Client may cancel at any time to prevent future billing. Cancellation takes effect at the end of the current billing cycle.

6.3 EU Consumer Rights Exception

Mandatory statutory rights under EU consumer protection laws remain applicable. Dutch consumers have a 14-day withdrawal right for distance contracts as per Article 6:230o of the Dutch Civil Code, unless an exception applies (e.g., for custom work or digital content delivered with consent).

7. Project Scope, Revisions & Delivery

7.1 Scope Definition

Each project begins with a Discovery phase where the scope is defined and agreed upon in writing. Any work outside the agreed scope will be quoted separately.

7.2 Revision Rounds

Project packages include up to 2 revision rounds per milestone
Additional revisions are billed at an hourly rate
Mesmerized Club includes unlimited revisions within the subscription period

7.3 Project Timeline

Estimated timelines are provided during Discovery. Actual delivery times depend on Client's timely feedback, content provision, and scope changes. Mesmerized Studio is not liable for delays caused by Client.

7.4 Delivery & Acceptance

Upon completion, Client has 14 days to review the deliverables. If no feedback is received within 14 days, the project is deemed accepted. After acceptance, ownership transfers to Client per Section 1.1.

8. Client Feedback & Submissions

Any feedback, suggestions, ideas, or submissions become the exclusive property of Mesmerized Studio unless covered by a separate NDA or agreement.

9. Termination

9.1 Termination Rights

Either party may terminate the relationship at any time with reasonable notice.

9.2 Effect of Termination

Access to services ceases immediately
Outstanding payments remain due
Ownership provisions survive termination
Confidentiality obligations survive termination

10. Privacy & Data Protection (GDPR Compliance)

10.1 Data Processing

Our collection and processing of personal data is governed by our Privacy Policy and Cookie Policy.

10.2 International Clients

International clients consent to data processing within the Netherlands and EU.

10.3 Data Rights

EU residents have rights including access, rectification, erasure, and portability under GDPR.

10.4 Age Restrictions

Our Services are not directed to individuals under 16 years of age.

11. Website Availability & Technical Issues

11.1 Service Availability

We do not guarantee uninterrupted availability of our Website. Scheduled maintenance may cause temporary downtime.

11.2 No Liability for Downtime

Mesmerized Studio is not liable for losses caused by website downtime. Hosting retainers include best-effort uptime monitoring but do not guarantee specific uptime percentages.

12. Disclaimers

12.1 "As-Is" Service

Our Website and Services are provided "AS IS" and "AS AVAILABLE".

12.2 No Guarantees

We make no warranties about the reliability or completeness of our content. We do not guarantee specific business results from our Services.

12.3 Third-Party Links

We are not responsible for third-party websites or content linked from our Website.

13. Limitation of Liability & Indemnification

13.1 Liability Limitations

Mesmerized Studio shall not be liable for indirect or consequential damages.

13.2 Maximum Liability

Liability is limited to the amount paid by Client in the previous 12 months.

13.3 Client Indemnification

Client agrees to indemnify Mesmerized Studio against claims arising from:

Use of our Services
Breach of these Terms
Violation of third-party rights
Violation of applicable laws

14. Force Majeure

We are not liable for delays or failures caused by events beyond our control, including natural disasters, pandemics, government actions, or internet infrastructure failures.

15. Governing Law & Jurisdiction

15.1 Dutch Law

These Terms are governed by the laws of the Netherlands.

15.2 Jurisdiction

Disputes shall be resolved in Dutch courts, except where EU consumer protection law provides otherwise.

15.3 EU Consumer Rights

Statutory consumer rights remain unaffected by these Terms.

16. Modification & Severability

16.1 Modifications

We may modify these Terms at any time. Changes take effect when published on our Website.

16.2 Severability

If any provision is found invalid, the remaining provisions remain in full force.

16.3 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between the parties.

17. Contact Information

For questions about these Terms, contact us at:

Mesmerized Studio
Email: [email protected]
Website: mesmerized.studio
Based in the Netherlands

Last updated: July 11, 2026