Effective Date: October 27, 2026
These Terms & Conditions cover two things: your use of joshpears.com (the “Website”), and the creative services provided by Josh Pears (“we,” “us,” “our”), based in Prescott Valley, Arizona. Section 9 covers the Website. Every other section governs paid services.
How these Terms become a contract. Browsing the Website does not create a service agreement. A service agreement exists once you (the “Client”) do any one of these: sign or electronically accept a proposal, statement of work, or invoice that refers to these Terms; check the agreement box on an online booking or checkout form; or pay a deposit after being given a link to these Terms. The version of the Terms in effect on the day you accept applies to that project. If a signed proposal conflicts with these Terms, the signed proposal controls.
Plain-language definitions. “Client,” “you,” and “your” mean the person or company that hires us. “Deliverables” means the finished work we hand over, such as logos, images, files, or websites. “Project” means the work described in the proposal. The Terms are governed by the laws of the State of Arizona, USA, as explained in Section 10.
Josh Pears offers professional creative services including but not limited to Graphic Design, Branding, Web Development, Photography, Videography, Art Direction, and Motion Graphics. Custom projects may be available upon consultation.
The proposal describes what is included: deliverables, formats, number of revisions, and timeline. Anything outside it is a change request and is quoted separately before work on it begins.
A 50% deposit is required before work begins for most projects. It works as a booking and commencement fee: it reserves our calendar, and it pays for discovery and early concept work. Section 6 explains what happens if a project is canceled.
Final payments are due upon project completion, before final files are released, unless the proposal says otherwise.
Invoices are due on the date shown on the invoice. Balances unpaid more than 7 days past that date accrue interest at 1.5% per month (18% per year), simple interest, not compounded, from the due date until paid. If that rate exceeds what the law allows, the highest lawful rate applies instead. The parties agree this rate is contracted for in writing under A.R.S. § 44-1201.
If an invoice is overdue, we may pause work and hold back deliverables until the account is current. Deadlines move back by the length of the delay. If we have to collect, you also pay reasonable collection costs and attorney fees as allowed by law.
Rush projects requiring expedited delivery may be subject to additional fees.
Prices do not include sales, transaction privilege, or similar taxes. You pay any that apply. Photography, prints, and physical products can be taxed differently from design services, so taxable items may be listed separately on your invoice.
Third-party costs such as stock assets, fonts, plugins, printing, domains, and hosting are billed separately unless the proposal says they are included.
Payments are processed by Stripe or PayPal. If you have a concern about an invoice, contact us within 7 days of receiving it so we can fix it before anyone files a payment dispute.
We keep the copyright in everything we create. When the Client has paid every invoice for a project in full, the Client receives the license described in the proposal for the final, approved deliverables. No license, express or implied, passes until payment is complete. Using the work before then is unauthorized use and may be copyright infringement.
Graphic Design & Branding work includes standard licensing for regional use unless otherwise specified. Global or exclusive rights, or a transfer of copyright, require a signed written agreement and additional licensing fees.
Photography usage is licensed by distribution scope (Digital, Print, Advertising), territory, and term, as stated in the proposal. Unauthorized reproduction, resale, or sublicensing of images is prohibited. Model and property releases are handled as the proposal states, and commercial use of images showing identifiable people or private property requires proper releases.
Web Development projects include non-transferable, non-exclusive usage rights to our custom work. If a client wishes to transfer ownership, additional fees may apply. Open-source software, themes, and plugins stay under their own licenses.
Not included unless the proposal says so: unused concepts, sketches, and drafts; working and source files (project files, layered files, RAW files); our pre-existing tools, templates, and code; and third-party materials such as stock images, fonts, and plugins, which carry their own licenses.
Our work is not a “work made for hire” unless a signed agreement says it is. Any transfer of copyright must be in a writing signed by Josh Pears.
We may show the finished work in our portfolio, case studies, and social media unless you ask us in writing, before the project begins, to keep it private.
If we use AI tools on a project, we will tell you when you ask. Under current U.S. law, material generated mostly by AI may have limited or no copyright protection, so we cannot promise exclusive rights in those elements.
Branding & Graphic Design: Includes two rounds of revisions unless otherwise agreed upon.
Web Development: Post-launch bug fixes are included for 30 days. They cover defects in our work, not new features or problems caused by later updates, third-party changes, or edits made by others. Additional updates are billed at our hourly rate.
Photography & Video Editing: Clients receive one round of minor edits before additional charges apply.
Work beyond the included revisions, or that changes the approved scope, is billed at our hourly rate or quoted separately.
Deliverables are treated as accepted five business days after delivery unless the Client sends specific written objections within that time.
Project timelines are agreed upon in writing before commencement.
Delays caused by client inaction (e.g., failure to provide assets or feedback) may extend deadlines. If a project stalls for 30 days because we are waiting on the Client, we may close it and bill for the work completed.
Clients must supply all necessary content, assets, and approvals in a timely manner.
The Client confirms it owns, or has permission to use, every text, image, logo, music track, and other material it gives us.
The deposit is a booking and commencement fee. The parties agree it is a reasonable estimate of our loss when a project is canceled, because reserved time is hard to rebook and early concept work is already done. It is non-refundable once project work has commenced.
If a project is canceled before completion, the Client owes the deposit or the value of all work completed up to the cancellation date (including work in progress and approved third-party costs), whichever is greater.
No refunds are provided on completed work that matches the agreed scope. If a deliverable does not match the agreed scope, tell us in writing and we will correct or redo it within a reasonable time. That is the remedy for that problem.
Nothing in this section limits a cancellation or refund right that the law gives you and that cannot be waived, including any right to cancel a sale made at your home.
Josh Pears agrees to maintain confidentiality regarding client projects and sensitive business information.
Clients may not publicly disclose work-in-progress without prior consent.
If a formal NDA is required, it must be agreed upon before project initiation.
Confidentiality does not cover information that is already public, was known to us beforehand, or must be disclosed by law. Portfolio use is covered by Section 3.
Our promise. We will perform services in a professional, workmanlike manner, and deliverables will substantially match the agreed scope. If they do not, tell us within 30 days of delivery and we will correct or redo them. That is your remedy.
No other warranties. To the extent the law allows, everything else is provided “as is,” without other warranties of any kind, including merchantability and fitness for a particular purpose. We do not guarantee results such as search rankings, traffic, sales, awards, or approval by any platform or publisher.
Josh Pears is not responsible for third-party services, hosting downtime, plugins, platforms, or software compatibility issues unless explicitly covered in the project scope. Unless ongoing maintenance is in the scope, keep your own backups of your website and data.
Limit on liability. To the extent the law allows, our total liability for any claim related to a project is limited to the fees you paid us for that project. We are not liable for indirect, incidental, or consequential damages, or for lost profits, revenue, or data. None of this limits liability for fraud, willful misconduct, or anything the law does not let us limit. Some places do not allow these limits, so they apply only as far as the law permits.
Clients are responsible for reviewing final deliverables before publication or use. Liability for errors that remain after approval is limited as stated above.
Indemnity. The Client will defend and reimburse us for third-party claims arising from materials the Client supplied, or from use of the deliverables outside the license granted. We will not knowingly include third-party material in your work without a proper license.
Cookies: This website may use cookies to enhance user experience. By using the website, you consent to the use of cookies in accordance with our Privacy Policy.
License: Unless otherwise stated, all intellectual property rights for content on this website belong to Josh Pears. Users may view and print pages for personal use but may not republish, sell, or redistribute content without permission.
Acceptable use: Do not scrape or harvest this website’s content with automated tools, use it to train AI models, or try to disrupt, probe, or break into the site, without written permission.
Hyperlinking: Organizations may link to this website without prior approval, provided the link does not misrepresent or falsely imply endorsement. Josh Pears reserves the right to request the removal of any links deemed inappropriate.
iFrames: Embedding this website within an iframe is prohibited without prior written permission, ensuring that site content is not misrepresented.
Content Liability: Josh Pears is not responsible for any third-party content linked to this website. Users access external sites at their own risk.
Removal of Links from Our Website: If you find any links on our website objectionable, you may contact us to request removal. We consider such requests but are not obligated to respond or take action.
Disclaimer: Website content is provided “as is,” without warranties of any kind. We disclaim any liability for inaccuracies, errors, or omissions in website content.
Changes: Josh Pears reserves the right to modify, remove, or update these terms at any time. Continued use of the website after a change means you accept the updated Website terms. A change does not alter the Terms that applied when a client accepted a project.
These terms are governed by the laws of the State of Arizona, USA, without regard to its conflict-of-law rules.
Before filing a lawsuit, the parties will try in good faith to resolve a dispute through mediation, starting within 30 days after one party gives written notice of the dispute. Mediation may be held by video conference, so no one has to travel. The cost of the mediator is split equally.
Either party may skip mediation to file a small-claims or collection action, or to ask a court for an order stopping misuse of intellectual property or confidential information.
If a dispute is not resolved, legal proceedings will be conducted in the state or federal courts located in Yavapai County, Arizona, and each party consents to those courts. The prevailing party may recover reasonable attorney fees as allowed by law.
If you are a consumer, nothing in these Terms removes rights you have under the laws where you live that cannot be waived.
These Terms, together with the signed proposal or accepted invoice, are the entire agreement for a project and replace earlier discussions. Changes must be in writing.
If any part of these Terms cannot be enforced, the rest stays in effect. Not enforcing a term once does not waive it.
The Client may not transfer its rights under an agreement without our written consent.
Electronic signatures, emails, and online acceptance count as written and signed. Notices may be sent to the email address on file.
Neither side is liable for delays caused by events beyond its reasonable control, but payment obligations for work already done remain.
For any questions regarding these Terms & Conditions, please contact:
Josh Pears
Email: [email protected]
Website: joshpears.com
Location: Prescott Valley, Arizona
Phone: (928) HI-PEARS
By signing a proposal, checking an agreement box, or paying a deposit, the Client agrees to these Terms & Conditions.