MyDezz Service Retainer Agreement
& Terms of Service
mydezz.com | info@mydezz.com | 863-800-0808
1. Scope of Services
MyDezz (a DBA of Games And Recreations) provides remote cabinet design support services including but not limited to: cabinet layout drafting, elevation drawings, cut lists, room measurements, design revisions, and related documentation as agreed upon per project.
All services are delivered digitally through the MyDezz client portal. MyDezz does not manufacture, install, or physically supply any cabinetry or building materials.
2. Retainer & Payment Terms
2.1 Retainer Fee
Clients on a monthly subscription plan agree to pay a retainer fee as selected at signup. The retainer secures the Client’s access to MyDezz services for the billing period and is non-refundable once the billing period begins.
2.2 One-Time Project Fee
Clients who select a one-time project option agree to pay the quoted fee prior to project commencement. Payment must be received in full before design work begins.
2.3 Free First Project
New clients are eligible for one (1) complimentary project at no charge. This free project is subject to the same revision limits and terms as paid projects. Only one free project is permitted per client, per business entity, and per billing address. MyDezz reserves the right to verify eligibility.
2.4 Accepted Payment Methods
MyDezz accepts payment via Stripe and PayPal. All transactions are processed securely through these third-party processors. MyDezz does not store credit card information.
2.5 Late Payments
Subscription payments not received within five (5) days of the due date may result in suspension of portal access. Access will be restored upon receipt of full payment.
3. Revision Policy
Each project includes a maximum of two (2) revisions. A revision is defined as any change to an approved or submitted design scope, including but not limited to: dimension changes, layout alterations, material specification changes, or additions to the original brief.
Revisions beyond the included two (2) are subject to an additional fee, quoted at MyDezz’s discretion prior to commencement of the additional work. Clients will be notified before any additional charges are applied.
Revision requests must be submitted through the client portal messaging system. Verbal or email revision requests outside the portal are not binding and will not be actioned until submitted through the portal.
4. Client Responsibilities
The Client agrees to:
- Provide accurate, complete, and timely project information including measurements, specifications, and any relevant site plans.
- Review and approve submitted designs within seven (7) business days. Failure to respond within this period may result in the project being marked complete.
- Submit all revision requests through the MyDezz client portal.
- Ensure that all information provided to MyDezz does not infringe on any third-party intellectual property rights.
- Use the MyDezz portal, messaging system, and all delivered files in a lawful manner.
5. Intellectual Property
Upon receipt of full payment for a project, MyDezz grants the Client a non-exclusive, non-transferable license to use the delivered design files for the specific project for which they were created.
MyDezz retains all intellectual property rights to its design methodologies, templates, tools, and processes. Delivered files may not be resold, sublicensed, or redistributed without prior written consent from MyDezz.
MyDezz reserves the right to use completed project work in its portfolio, marketing materials, and website, unless the Client requests confidentiality in writing at the time of project submission.
6. Confidentiality
MyDezz agrees to keep all Client project information, business details, and submitted files confidential and will not disclose such information to third parties without the Client’s written consent, except as required by law.
7. Limitation of Liability
MyDezz (Games And Recreations) liability to the Client for any claim arising out of or related to this Agreement shall not exceed the total fees paid by the Client to MyDezz in the three (3) months preceding the claim.
MyDezz is not liable for:
- Errors resulting from inaccurate or incomplete information provided by the Client.
- Losses arising from the Client’s use or misuse of delivered design files.
- Delays caused by the Client’s failure to provide required information or approvals.
- Any consequential, incidental, indirect, or punitive damages of any kind.
8. Indemnification
The Client agrees to indemnify, defend, and hold harmless MyDezz (Games And Recreations), its owners, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or related to: (a) the Client’s use of MyDezz services; (b) any breach of this Agreement by the Client; or (c) any claim that information provided by the Client infringes on a third party’s rights.
9. Termination
Either party may terminate this Agreement with written notice through the MyDezz portal or via email to info@mydezz.com. MyDezz is a DBA of Games And Recreations.
Upon termination:
- The Client remains responsible for payment of all fees for services already rendered.
- Retainer fees already collected for the current billing period are non-refundable.
- MyDezz will deliver any completed work product up to the termination date.
- MyDezz reserves the right to immediately terminate access for any Client who violates these terms.
10. Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
Any dispute arising under this Agreement shall first be attempted to be resolved through good-faith negotiation between the parties. If negotiation fails, disputes shall be submitted to binding arbitration in New York State in accordance with the rules of the American Arbitration Association (AAA). The prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
11. Entire Agreement & Amendments
This Agreement constitutes the entire agreement between MyDezz and the Client and supersedes all prior negotiations, representations, or agreements. MyDezz reserves the right to update these terms at any time. Clients will be notified of material changes via the portal or email. Continued use of MyDezz services after notification constitutes acceptance of the updated terms.
12. Electronic Acceptance
The Client’s electronic acceptance of this Agreement — including checking the acceptance checkbox in the MyDezz client portal — constitutes a legally binding electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the New York Electronic Signatures and Records Act (ESRA). A timestamped record of each acceptance, including the Client’s name, user ID, IP address, date, and time, is automatically recorded and stored by MyDezz.
How Acceptance Works
When you submit a project through the MyDezz client portal, you will be required to check a box confirming you have read and agree to these Terms & Conditions. This checkbox acceptance is legally binding under the E-SIGN Act and New York’s ESRA. Your acceptance is automatically recorded with your name, user ID, IP address, and timestamp.
No physical signature is required. Your checkbox acceptance has full legal effect.