The Newton Agency (TNA) Subscription Agreement​​

​

Effective Date: November 1, 2024

​​

The Newton Agency (TNA) Subscription Agreement

Effective Date: November 1, 2024

This agreement outlines the terms and conditions for The Newton Agency’s subscription-based services. By subscribing to TNA’s services, you ("Client") agree to the following terms:

​

1. General Terms for All Subscriptions

​

Services Covered:​

• DesignFlow Membership: Monthly branding, graphic design, marketing, and advertising design services tailored to your ongoing business needs.

• Branding Packages: Comprehensive branding services delivered in clearly defined phases, including Brand Strategy and Brand Identity.

​

Payment and Billing:

• Subscriptions are billed monthly through Stripe.

• All payments are non-refundable, non-exchangeable, and non-transferable.

• Payments will be automatically billed unless canceled at least 1 day prior to the next billing cycle.

• Deliverables will only be provided if payments are current. Failure to pay will result in immediate suspension of services until payment issues are resolved.

​

Cancellation and Pausing:

• Cancellation:

  • Subscriptions can be canceled at any time. Services will continue until the end of the current billing period.

  • Trello boards will be deleted 48 hours after cancellation. Clients are responsible for downloading and saving all assets before cancellation.

  • Cancellation forfeits all rights to incomplete deliverables unless reactivated or separately invoiced. No refunds are issued.

• Pausing:

  • Paused subscriptions retain Trello boards and project queues for up to 60 days from the initial paused date. After this period, boards will be deleted.

  • Clients may reactivate subscriptions at any time to continue work.

​

2. DesignFlow Membership Terms

​

Standard Membership ($2,599.00 USD/month):

• 1 (one) active design request at a time.

• Average 48-hour turnaround on standard requests.

• Unlimited revisions within scope.

• E-RM License (non-commercial use) for branding, marketing, and advertising graphics.

• Flexible pause or cancellation policy.

​

Premium Membership ($3,999.00 USD/month):

• 2 (two) active design requests at a time.

• Average 48-hour turnaround on standard requests.

• Unlimited revisions within scope.

• Commercial Licensing during active subscription. 

​

**Commercial licensing is included during the active subscription period. Upon cancellation, the license reverts to E-RM (non-commercial) after six (6) months from the last subscribed month.

​

3. Branding Packages

​

Brand Strategy Package:

• Deliverables:

  • 1 Brand Strategy Concept Deck (messaging pillars, tone of voice guidelines, audience insights, target audience, & brand style vision).

  • 1 Final Brand Strategy Manual.

​

Brand Identity Package:

• Deliverables:

  • 1 Logosuite (primary logo, secondary logo, brandmark, and up to 5 logo badge variations).

  • Color palette, typography family, and up to 5 branding graphics.

  • 1 Final Brand Identity Manual.

​

Brand Manual Bible:

​

When both the Brand Identity and Brand Strategy Packages are completed consecutively, a combined Brand Manual Bible is provided, including all strategy and visual identity guidelines in one comprehensive reference.

​

4. Licensing Terms

Commercial licensing is included during the active subscription period. Upon cancellation, the license reverts to E-RM (non-commercial) after six (6) months from the last subscribed month. Commercial licensing may be re-purchased for continued use, with the licensing fee determined based on the following factors:

• The commercial value of the assets.

• The scope of use (e.g., digital-only, print campaigns, merchandise, etc.).

• The size and revenue of the client’s business.

​

For more details on licensing or to obtain a commercial license, please contact us at hello@thenewtonagencystudio.com or leave a note on your Trello board if you are an active subscriber.

​

5. Generative AI Tools

• TNA integrates generative AI into its workflow. While deliverables involve significant human creativity, clients are responsible for ensuring compliance with applicable laws.

• TNA disclaims all liability for legal issues arising from the use of AI-generated content.

• Policies will evolve as copyright laws change.

​

6. Trello Management

• Clients must use Trello to manage requests, communications, files, links, completed forms, feedback, etc.

• Deliverables must be downloaded promptly. TNA is not responsible for missed deadlines caused by client delays.

​​​

7. Limitations of Liability​

• The Newton Agency's total liability for any claim arising from the subscription services is limited to the total fees paid by the Client during the active subscription term.

​

Force Majeure Clause:

• The Newton Agency (TNA) will not be held liable for any delays, interruptions, or failures to fulfill its obligations caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, governmental actions, technological failures, cyberattacks, labor disputes, pandemics, or any other unforeseen events. In such cases, TNA reserves the right to adjust timelines or suspend services as necessary without liability.

​

8. Working Hours:

Turnaround Times:
TNA strives to maintain an average 48-hour turnaround time for revisions, adjustments, or updates to submitted requests. However, please note the following:

• The 48-hour turnaround applies specifically to smaller scopes of work, such as graphic revisions, minor adjustments, updates on progress, or initial concepts. Completed edits or finalized deliverables may require additional time depending on the complexity of the request.

• For branding clients and larger, more complex projects, turnaround times may exceed 48 hours to ensure quality and attention to detail. However, TNA is committed to providing consistent updates every 48 hours while the design process is ongoing.

• Turnaround times are contingent on timely responses from the Client. Delays in providing feedback, approvals, or required materials may impact the project timeline.

​

Acknowledgment

By subscribing, you acknowledge that you have read, understood, and agreed to these terms.

​

​