legal
terms of use
privacy policy
beta program terms & conditions
Last Modified: November 16th, 2023
General
Terms
of
Use
The Johwa Design Studio, LLC, (“Company”, “we,” “us” or “our”) provides educational services and products for aspiring web designers looking to take their business to the next level. These Terms of Use govern and apply to all persons who access or use (“User,” “you” or “your”) our services, consisting of the website www.johwadesignstuido.com (the “Website”), including any software, features, content, functionality, or other services offered thereon, whether as a guest, registered user, or buyer (collectively the “Services'').
Please read our Terms of Use and Privacy Policy before using any of our Services. By accessing, installing, or otherwise using any of the Services, you acknowledge that you have read the following terms and conditions, understand them, and agree to be bound and abide by them, together with any documents they expressly incorporate by reference (collectively, the “Terms”). If you do not agree to all of these Terms, you must not access or use the Services.
You must be at least 18 years of age or older, to use the Services. By purchasing any products offered by us or using the Services, you represent and warrant that you are 18 years of age or older and can enter into legally binding agreements under applicable law. If you do not meet these requirements, you must not access or use the Services. If you allow any minors under the age of 18 to access or use the Services, you shall be solely responsible for their uses of the Services, and you shall indemnify us against any losses, claims or damages that may result.
CHANGES TO THESE TERMS:
We may revise and update these Terms from time to time in our sole discretion. We shall notify you when such changes are made, and all changes are effective immediately when we post them. Any changes to the Dispute Resolution provisions will not apply to any disputes for which the parties have actual notice prior to the date the change is posted. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Terms page from time to time so you are aware of any changes, as they are binding on you.
CHANGES TO THE SERVICES AND OFFERINGS:
We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion without notice. We may discontinue some or all of the Services, features or functionality for certain platforms at any time. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users. We may update content on the Services from time to time, but any of the content on the Services may be out of date at any given time, and we are under no obligation to update such content.
LEGAL AND FINANCIAL DISCLAIMER:
You understand and agree that this website and our products, programs, and services are intended to provide information and education. The information provided is not business, financial, or legal advice.
You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular business and financial situation so that you can take the right steps for you and your business.
EARNINGS DISCLAIMER:
You understand and agree that this website and our products, programs, and services are intended to provide general information and education to assist you in attaining your goals.
You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. We make no guarantees of any kind as to your earnings and income from the use of our Services.
NO WARRANTY OR LIABILITY:
The information provided on www.johwadesignstuido.com is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete.
You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or services purchased therefrom or via materials requested through email.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
YOU AGREE THAT SYDNEY ATKINSON, www.johwadesignstuido.com AND THE JOHWA Design Studio, LLC. ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.
YOU AGREE THAT SYDNEY ATKINSON, www.johwadesignstuido.com AND THE JOHWA Design Studio, LLC. ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
SYDNEY ATKINSON, www.johwadesignstuido.com JOHWA Design Studio, LLC. CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $100.00 (USD).
We expressly exclude any liability to the fullest extent of the law.
By using our website and its content or purchasing a service and/or product from our website or requesting materials via email, you agree to this limitation www.johwadesignstuido.com www.johwadesignstudio.com AND JOHWA Design Studio, LLC. from any and all claims.
INDEMNIFICATION:
You agree at all times to defend, hold harmless, and indemnify SYDNEY ATKINSON, www.johwadesignstuido.com JOHWA Design Studio, LLC. and any affiliates, agents, or other party associated with SYDNEY ATKINSON, www.johwadesignstuido.com AND JOHWA Design Studio, LLC. from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email, as well as any third-party claims of any kind arising from your actions in relation to our website.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
INTELLECTUAL PROPERTY PROTECTION AND PERSONAL USE:
The Services and its entire contents, materials, features, and functionality contained on our Website, including, but not limited to, information, website copy, products (including e-courses, libraries, e-books, and pdf document downloads), programs, videos, photos, images, graphics, domains, designs, and other files, are the proprietary property of SYDNEY ATKINSON, www.johwadesignstuido.com JOHWA Design Studio, LLC. and are protected by United States intellectual property rights (the “Intellectual Property”). You may not use any such Intellectual Property without our express authorization, and in accordance with these Terms.
Sydney Atkinson grants you a single non-exclusive, non-transferable, non-sublicensable, license to download, view, copy, and/or print any products you purchase from SYDNEY ATKINSON, www.johwadesignstuido.com AND JOHWA Design Studio, LLC. or materials requested via email solely for your personal, non-commercial use [with respect to your business] for all e-Learning products other than the Showit Site Canvas Library, unless specific terms associated with those products and services are granted by the Company separately. You may not share the contents of any product or the product itself with any third-party organizations or others.
You may not give away any of the contents, share codes, resources, or information from inside of the courses, products, and free downloads.
Upon the termination of this license, you shall delete and/or destroy all downloaded and/or printed copies of the materials from www.johwadesignstuido.com obtained therefrom.
You agree that you will not use the contents, materials, ideas, designs, or any form of intellectual property in any products and/or e-courses you purchase from SYDNEY ATKINSON, www.johwadesignstuido.com JOHWA Design Studio, LLC. to create a competing product. This is included but not limited to any and all resources for Web Designers, and or skills or resources to help web designers scale their business using what we teach, advise, or share. This is included but is not limited to any of our e-Learning products, templates, business resources, or our Showit Site Canvas Library.
Refer to the Terms of Use for the Showit Site Canvas Library for any and all questions referring to our commercial licensed products or reach out via email to hello@johwadesignstudio.com for any further questions or licensing requests.
Use of the materials from SYDNEY ATKINSON, www.johwadesignstuido.com AND THE JOHWA Design Studio, LLC., including, but not limited to, any product you purchase, and/or materials requested via email, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use our Website, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
YOUR LICENSE TO US:
When you submit any post, comment, image, or other content that you upload, publish, or display on or through our website (“User Content”), you grant to us a perpetual, non-exclusive, irrevocable, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes. This applies for content on our website, our blog, as well as any content posted using the #johwa #johwadesignstudio hashtag on social media.
You retain the right to remove your User Content at any time, for questions or if you wish for us to remove content featuring you, please email hello@johwadesignstudio.com.
If you remove your User Content, we shall retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.
USER LIMITATIONS:
You agree that you will not post, transmit, upload, or otherwise make available any User Content that is harmful, threatening, defamatory, unlawful, abusive, harassing, obscene, vulgar, hateful, or otherwise objectionable. You further agree not to infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
You agree to use this website and our products, programs, and services for lawful purposes only.
TESTIMONIALS:
Our website may feature testimonials. They are examples from past clients. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our website, products, and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience.
NO FORMAL ENDORSEMENTS:
Any reference or link to any other companies, events, services, or products, on our website, blog, or in our emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
AFFILIATE DISCLOSURE:
SYDNEY ATKINSON, www.johwadesignstuido.com AND JOHWA Design Studio, LLC. is an affiliate of multiple third-party organizations and will provide a link from time to time to their products. You won’t pay a penny more, but Sydney Atkinson and JOHWA Design Studio, LLC. will receive a small commission that helps sustain our small business efforts.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
THIRD-PARTY LINKS:
From time to time, we may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by the Company. If you use those links, you leave our website.
You agree that SYDNEY ATKINSON, www.johwadesignstuido.com AND THE JOHWA Design Studio, LLC. are not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Boldxboho and Boldxboho.com are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from our Website’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
PAYMENTS:
You have the right to pay for any of our products or services in full, including all e-learning courses, website templates, or online business resources. If you choose to pay using a payment plan provided by the Company using Kartra and Stripe as a third-party payment option, you agree to pay each payment on time and in the full amount.
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
PAYMENT PLANS:
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the installment plan details shown at checkout.
No matter what is stated in these terms, you understand that you are agreeing to the price and payment structure in which you agreed upon during the time of purchase.
Regarding recurring payments and outstanding invoices: If all payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new payment method promptly or your Program access will be terminated. If you have a credit card change or expire, please reach out to hello@johwadesignstudio.com and we will help you update it!
You are required by law to complete the remaining payments of your payment plan and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding payments, using any eligible payment method we have on record for your account.
You understand that if you choose to pay for our products and or services using a payment plan, you understand that you are fully liable for all payments agreed upon. If a payment is missed, we will re-try the payment method four times before sending the debt to a collections agency of our choosing. We will always contact you via email before doing so. It is understood by both parties that if a third-party debt collections agency is needed to retrieve payments, an additional 30% will be added to the remaining balance owed if inside of the United States, and 35% will be added if outside of the United States to pay for the Debt Collection Services and all applicable legal fees associated with the debt retrieval. Upon your first missed payment, you will be immediately removed from all course portals, and communities. Continuing to use the resources we’ve provided after this, with failure to pay either us, or our third party debt collector will be looked at as theft in the United States.
If you’ve purchased the Showit Site Canvas Library, and have missed a payment, or have stopped paying for the product, your license is immediately revoked and you are unable to use our canvases or templates in any way, product, service, or form moving forward.
In the case of this happening, you authorize us to share the agreed upon terms you agreed to at the point of purchase, your IP address, your phone number, your email address, and any and all applicable information for them to retrieve the debt. Once submitted to a third-party collections agency, you understand that it will not be us reaching out to you, and instead a third-party mediator.
SALE PRICING:
If we choose to do a sale or “flash sale,” you agree that you are responsible for all payments in which you have agreed, even if they are a different and lesser amount than listed here.
Payments are made through Stripe, and if a payment fails, it will be tried again four times with the payment method provided. If the payment has still not been processed after the five attempts and is more than 30 days late, all remaining payments will be sent to a collections agency of our choosing to gather all remaining payments with an additional 30% added (35% will be added if outside of the USA) to the balance to pay for their fees. Our payment processors will try your payment method four times before we reach out via email, and then send it to a collections agency.
SYDNEY ATKINSON, www.johwadesignstuido.com AND JOHWA Design Studio, LLC. is not responsible for overdraft fees, late payment fees for your bank, or any other financial setback caused by your inability to pay your payment on time. If you're unable to commit to the entire payment plan, this product and investment is not for you.
If payment is not fulfilled, you will be immediately removed from any product or membership created by the Company.
If this happens, and you pay the payment and want to resume your enrollment, please contact our team at hello@johwadesignstudio.com
You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.
All of the personal information that you provide as part of the purchase process for any product or service on our website may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.
REFUNDS:
Due to the nature of the Services provided and the extensive time and effort that goes into the product(s) and/or program(s), we offer no refunds, and there is no refund policy whatsoever for any and all of the products or Services We offer. If you have questions about our refund policy, please email hello@johwadesignstudio.com
We do not tolerate or accept any type of chargeback from your credit card company.
TERMINATION:
We reserve the right to terminate your access to our website, and refuse to service to anyone, in full or in part, at any time for any reason.
DISPUTE RESOLUTION AND JURISDICTION:
For any dispute between you and the Company, arising from the use of these Terms or the Services (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and your right to privacy or publicity), you agree to first contact the Company and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve the dispute informally, the Company may, at its sole discretion, require users located in the United States to submit any disputes to final and binding arbitration in the State of Florida, Pinellas County, under the Rules of Arbitration of the American Arbitration Association, applying Florida law. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Services.
ALL SUCH USERS AGREE TO WAIVE THE RIGHT TO TRIAL, EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT. YOU MAY REVIEW THE AAA RULES AT WWW.ADR.ORG.
NO CLASS ACTIONS:
You and the Company agree that all users located in the United States may only bring disputes against the Company on their own behalf, and not on behalf of any other person or entity, or any class of people. You and the Company agree not to participate in any class action, class arbitration, or consolidated disputes.
LIMITATION ON TIME TO FILE CLAIMS:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
SEVERABILITY:
If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
MODIFICATION OF TERMS AND CONDITIONS:
We may change, modify, or update these Terms and Conditions at any time and will notify you of any such changes by a prominent notice displayed on our website at least 10 days prior to implementing the change. We recommend that you check the Terms and Conditions when you visit our website to be sure that you are aware of our most current policies.
By continuing to use this website, you agree to be bound by the most updated version of these Terms and Conditions, whether you have read them or have had the opportunity to read them and have chosen not to.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: hello@johwadesignstudio.com
These Terms and Conditions are fully effective as of Thursday, November 16th, 2023.
terms of use
privacy policy
beta program terms & conditions
Policy
Privacy
Last Modified: November 16th, 2023
Along with our Privacy Policy, please feel free to review our Terms and Conditions.
We value and respect your privacy, and are committed to protecting it under this Privacy Policy. Here we describe the types of information that JOHWA Design Studio, LLC. (“We,” “us” or “our”) may collect from you (“User,” “you,” or “your”) or that you may provide through communications with us or other third parties, or when you use or access the website www.johwadesignstudio.com. Please read this Privacy Policy carefully to understand our policies and practices for collecting, using, maintaining, protecting and disclosing your information.
PRIVACY POLICY CONSENT:
Please read this Privacy Policy carefully and in its entirety before using the Services, You, as a visitor and/or user of our website, agree to the following Privacy Policy, and your access and/or use of our website, products, and/or services constitutes your voluntary acceptance to be bound by its terms, whether you have read it or have had the opportunity to read it and have chosen not to. Your use of our website, and any information that you contribute or provide to us, is subject to this Privacy Policy.
CHANGES TO THIS PRIVACY POLICY:
We may revise this Privacy Policy from time to time. We shall notify you when such updates are made, and all changes are effective immediately when we post them. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this Privacy Policy to check for any changes. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA):
In accordance with the Children’s Online Privacy Protection Act (COPPA) and the General Data Protection Regulation of the EU (GDPR), our Services are not intended for children under 18 years of age. No one under age 18 may provide any personal information on the Services, and we do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Services, or on any of its features, do not make any purchases through the Services, register on the Services, or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at: hello@johwadesignstudio.com
CAN-SPAM Act of 2003:
We have taken the necessary steps to ensure that we are in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 and will not send misleading information.
INFORMATION YOU PROVIDE:
Information you provide to us on or through the Services may include:
Information you provide while creating your account, including your name, phone number, email address, Facebook account information, country, age, profile name, or other information by which you may be identified (“personal information”).
Information you provide by filling in forms on the Services, posting materials, or typing search queries.
Information you provide when you contact customer support or report a problem with the Services, including your email address, and records and copies of such correspondence.
User Contributions: You also may provide information to be posted, submitted, published, displayed, or transmitted (“posted”) on public areas of the Services, or to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Payment Information: All payments are processed by third-party payment processors, and all payment information that you provide is provided directly to such third parties. However, we may receive information, such as payment confirmation or receipts, from other third parties processing your payment.
HOW WE USE THE INFORMATION YOU PROVIDE:
We will not sell or trade your personal information.We will not transfer your personal information unless we give you advance written notice or need to comply with our legal obligations, resolve disputes, and/or enforce our agreements.
Depending on how you interact with us, we use your personal information to:
Process and fulfill an order, download, subscription, or other transaction;
Respond to your requests, inquiries, comments, and concerns;
Send marketing emails; remarketing emails and future advertisements.
Inform you of and administer promotions, contests, sweepstakes, or surveys;
Help us address problems with and improve our Website, products, and Services;
Estimate our audience size and usage patterns, and improve performance and speed of the Services;
Protect the security and integrity of our Website; and
Contact you for other business reasons, if necessary.
USE OF COOKIES:
“Cookies” are small text files that are placed on a computer or other device and used to identify the user or device and to collect information when you visit a website.
We use absolutely necessary cookies, which allow you to move around our website and use its features. We also use performance cookies for future advertising goals and data insights about our customer’s online behavior regarding our site and products. We use Google Analytics,, Flodesk,, Pinterest Pixels, Facebook Tags, and have the rights to use The Google Marketing Suite in the future if we deem it beneficial for our www.johwadesignstudio.com or any of our products or services.
You can disable cookies through your web browser’s settings, but disabling this function may diminish your experience on our website as some features may not work as intended.
“DO NOT TRACK” (DNT) SIGNALS:
Some browsers transmit Do Not Track (DNT) signals to websites.
Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers.
HOW THE INFORMATION IS SHARED AND STORED:
Depending on how you interact with us, we share information with our third-party service providers, agents and representatives, including, but not limited to, Kartra, Manychat, Shopify, Showit, Wordpress, GoDaddy, PayPal, Mailchimp, Google Analytics, Facebook, Instagram, Pinterest, Facebook Ad Manager, Tiktok, Pinterest, Flodesk, and other software service providers. In order to process the information as necessary to complete a transaction, fulfill your request, or otherwise on our behalf based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
Our current third-party service providers include:
Showit - Website Design
Stripe - Payment processing
DocuSign- Document Signature Collection
Godaddy – Domain Hosting
Facebook – Social Media and Community Engagement
Instagram - Social Media and Community Engagement
Tiktok - Social Media and Community Engagement
Pinterest – Advertising and Marketing
Google Marketing Suite – Data Analyzation and Marketing Tools
INFORMATION RETENTION:
We retain your personal information for as long as necessary to fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements, or until such time as you let us know you would like for us to delete it or unsubscribe from our marketing contacts.
DISCLOSURE OF INFORMATION:
User Disclosure: Certain information that you provide through the Services may be available to others who use the Services, including your name, profile, phone number, status or User Contributions. Other users that you communicate with may store or re-share your information with others.
Aggregated Data: We may disclose aggregated information (statistical data that does not identify any individual) about our users without restriction.
Company Disclosure: We may disclose personal information that we collect or you provide:
To buyers or other successors in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s assets, in which personal information held by the Company about our Services users is among the assets transferred.
To subsidiaries, affiliates, contractors, service providers and other third parties we use to support our business, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
If we reasonably believe disclosure is necessary or appropriate to enforce our Terms of Use, protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, credit risk reduction, billing and collection purposes.
To comply with any court order, law or legal process, including to respond to any government or regulatory request.
To fulfill the purpose for which you provide it, or any other purpose disclosed by use with you provide the information.
For any other purpose with your consent.
INFORMATION PROTECTION AND SECURITY:
Our website uses commercially acceptable security measures to prevent your personal information from being lost, used or accessed in an unauthorized way. We use a Secure Sockets Layer (SSL) certificate and never transmit your credit card information via email. If you receive an email from us that appears to be a request for personal information, do not respond because it may be a phishing scam designed to steal your personal information.
Unfortunately, the transmission of information via the internet can never be completely secure. Although we do our best to protect your personal information, we cannot guarantee that your personal information will always be secure. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. Should there be a data breach, we will immediately notify you when we are legally required to do so.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about providing information in public areas of the Services like messaging threads. The information you share in public areas may be viewed by any user of the Services.
USE AND TRANSFER OF YOUR INFORMATION OUT OF THE EUROPEAN ECONOMIC AREA (EEA):
This website is operated in the United States and the third parties with whom we might share your personal information (as explained above) are also located in the United States or other countries located outside the European Economic Area.
If you are located outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.
YOUR RIGHTS TO CONTROL YOUR INFORMATION:
You can unsubscribe from our e-newsletters or updates at any time through the unsubscribe links found in the communications you receive from us.
If you are covered by the General Data Protection Regulation (GDPR), you may have rights under European and other laws to have access to your personal information and to ask us to rectify, erase and restrict the use of your personal information. You may also have the right to object to your personal information being used, to ask for the transfer of personal information you have made available to us, and to withdraw consent to the use of your personal information. Further information on how to exercise your rights is set out below.
We will honor your rights under applicable data protection laws. You have the following rights under European laws, and may have similar rights under the laws of other countries:
Right of access: to make a written request for access to and a copy of your personal information
Right to rectification: to have your inaccurate personal information corrected or removed
Right to erasure ('right to be forgotten'): to have your personal information erased
Right to restriction of processing: to limit the purposes that your personal information may be used for
Right to object: to object to the processing of your personal information in cases where our processing is based on direct marketing, processing for scientific/historical research and statistics, legitimate interest processing, and processing in regards to the performance of a public interest or official authority task
Right to data portability: to have your personal information transferred to you or a third party in a machine-readable format
Right to withdraw consent: to withdraw your consent that we handle your personal information at any time. The withdrawal of your consent shall not affect the lawfulness of processing based on your consent before its withdrawal.
If you’d like to exercise any of these rights, please reach out to our dedicated support team via email.
These rights are not absolute and they do not always apply in all cases.
FILING A COMPLAINT:
If you are covered by the GDPR, and you are not content with how we manage your personal information, you may lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you are a resident, work, or where the alleged infringement of data protection laws took place.
CONTACT US:
If you would like to “opt out,” exercise your rights under the GDPR, or have any questions, comments, complaints, or suggestions in relation to data protection or this Privacy Policy, or any other concerns about the way in which we process information about you or you wish to change your personal information in our records, please contact us by email: hello@johwadesignstudio.com
terms of use
privacy policy
beta program terms & conditions
Terms
and
Conditions
Beta
Program
TERMS OF PARTICIPATION
Please read carefully. By purchasing and registering for this service, the following Terms and Conditions (the “Terms”) are entered into by JOHWA Design Studio (“Company”, “me”, “I”) and You (“Client” or “You”), and You agree to the following terms stated herein. The Company and You may be referred to individually as a “Party” and collectively as the “Parties” in these Terms.
PROGRAM
Company agrees to provide the program titled, “Beta Website Launch” (herein referred to as the “Program”) as outlined on the web page where You register, which includes:
Customization of a website template provided by the company
A 1-hour brand strategy call if deemed necessary
A 30-minute website strategy call
A provided brand colors palette, consisting of 4-6 colors, 2-3 fonts, and a brand vision
Customized desktop and mobile versions of your website template, including complete mobile + desktop optimization of the Home Page, About Me Page, Services Page and Contact Page
FEES AND PAYMENT METHOD
You may choose between a single payment of $1,500 (due immediately and when paid in full) or 2 equal monthly payments of $750. If you select a payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following payment 30 days later, for a total payment of $1,500. If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments.
The client is paying via Stripe.
Client understands and agrees that Client is financially responsible for all payments, whether paid in full or in a payment plan (listed above). If payment is not submitted on a payment plan on time after we’ve tried to collect it, the remaining balance + 30% will be sent to a collections agency of our choosing.
All of the personal information that the Client provides as part of the payment process may be collected by both the Company and Company’s third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle our customer’s personal information.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from Ours. The company has no liability or responsibility for the independent policies of the Company’s third-party payment processing providers. The client is encouraged to read the independent policies on third-party payment processing providers’ websites.
We do not tolerate or accept any type of chargeback from the Client’s credit card company. If the said client needs to terminate this agreement prior to the Program, the client releases all money already paid in order to secure the day on the Company’s schedule. For this, there are no refunds whatsoever.
Client agrees to abide by these Terms and to pay Company’s invoices on time and agrees to the late payment clause in this agreement, listed below.
Due to the nature of the Program and the services provided by the Company, there are no refunds for any service provided by the Company under this Program.
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees and Payments section above.
Regarding recurring payments and outstanding invoices: If all payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new payment method promptly.
If the Client has an unpaid invoice for more than 10 days, we hold the power to drop the client relationship, and the project will be terminated.
INDEPENDENT CONTRACTOR STATUS:
It is expressly agreed and understood that the Company is performing services under this Agreement as an Independent Contractor of the Client and that Company is neither an employee nor an agent of the Client. The company will have sole control over the detailed method of performance of the services, and the facilities and resources needed to perform the services. Company agrees to pay all applicable taxes which may arise as a result of Company’s performance under this Agreement and to comply with any and all laws and regulations applicable to Company’s performance or that of any employee or subcontractor. Company will have no authority to act, to make any representation, to enter into any contract or commitment, or to incur liability on behalf of the Client.
WORK PRODUCT AND PROPRIETARY INFORMATION:
It is understood and agreed that all deliverables produced by Company under this Agreement become the property of the Client once “Client” pays all compensation due under this Agreement in full, including the entire website created in Showit. In the event that any deliverable is a work embodying intellectual property rights, including, but not limited to, copyright rights and other proprietary rights, the Company hereby assigns to Client all rights, titles, and interests therein.
Company retains the ability to use the deliverables produced under this Agreement for marketing, promotional, social media, and/or educational purposes provided that (i) data will be anonymized, except for Client’s name, domain URL, information other than any of the clients intellectual or private property and (ii) Company protects Client’s private data at all times. Client agrees that the Service Provider is able to use the site, after and while it’s being worked on in any marketing materials they so choose.
It is further understood and agreed that any client-specific information developed, obtained by, or provided to Company under this Agreement shall be and remain the property of the Client and will be subject to the Client's sole control once the said project and agreement have been commenced.
Client hereby authorizes, releases, and consents to the Company for any use of Client’s name, likeness, image, voice, and written word for promotional or advertising purposes.
Any design designed by the Company cannot be resold or redistributed in any way to a third party unless as an affiliate marketing partner of the Company. If in the case another designer works on this website created by the Company in the Beta Website Launch experience, the website shall remain with the “(C) 2023 JOHWA DESIGN STUDIO” in the website’s footer with the text hyperlinked to www.johwadesignstudio.com for a period of five years after these terms have been agreed upon by Client.
CONFIDENTIALITY:
In the course of performance under this Agreement, the Company may receive confidential information from the Client or its clients that pertains to client matters or the business of the Client without which the Company would not be able to perform the Company’s services for the Client.
"Confidential Information" includes all information, technical data, or know-how, including, but not limited to, that which relates to the Client's research, products, hardware, software, designs, inventions, ideas, processes, drawings, business plans, product implementations, financial information, marketing techniques, business operation and systems, pricing policies, information concerning employees, customers, and/or vendors disclosed by one party to another in writing, orally, by inspection or otherwise.
Confidential Information shall include all information of which unauthorized disclosure could be detrimental to the interests of the Client whether or not such information is identified as Confidential Information by the Client.
Confidential Information does not include information that Company can demonstrate:
i. was in Company’s possession prior to it being furnished to Company under the terms of this Agreement, provided the source of that information was not known by Company to be bound by a confidentiality agreement with, or other continual, legal or fiduciary obligation of confidentiality, to Client;
ii. is now, or hereafter becomes, through no act or failure to act on the part of either party, generally known to the public;
iii. is rightfully obtained by Company from a third party, without breach of any obligation to Client; or
iv. is independently developed by the Company without use of or reference to the Confidential Information.
The company agrees to keep all such information confidential at all times and not to use it except in the course of performance under this Agreement. The company will take reasonable steps to maintain such confidentiality and obtain similar commitments from any employee or subcontractor to whom such information must be disclosed in the course of performance.
NON-EXCLUSIVITY:
The Parties hereby acknowledge and agree that this Agreement is non-exclusive. The client may contract with third parties who perform the same or similar services as those performed by Company and Company may contract with and perform services for as many additional third parties as Company sees fit, without any restriction or limitation.
ASSIGNMENT:
Neither Company nor the Client may assign the rights or obligations set forth in this Agreement without the written consent of the other, which consent shall not be unreasonably withheld.
NOTICES:
Any notice required or desired to be given pursuant to this Agreement shall be deemed to have been given when in writing and shared via email to the Client at the Client’s email address on file or entered upon registration for the Program, and to the Company at Company’s email address: hello@johwadesignstudio.com
TERMINATION:
This Agreement will terminate if Sydney Atkinson decides to work together is not a good fit. No returns of any products or refunds will be given.
ENTIRE AGREEMENT:
This Agreement expresses the full and complete understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations, and understandings, whether written or oral, with respect to the subject matter hereof.
NO WARRANTIES:
COMPANY’S SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CLIENT AGREES THAT COMPANY IS NOT LIABLE TO CLIENT OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.
CLIENT COOPERATION:
Should Company be required to defend itself in any action directly or indirectly involving Client, Client agrees to provide any documents, testimony, evidence, or other information Company deems useful to it free of charge.
SEVERABILITY IN EVENT OF PARTIAL INVALIDITY:
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
WAIVER:
No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof.
DISPUTE RESOLUTION:
This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida without regard to conflict of laws principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Florida, excluding that State’s conflict of laws principles.
The Parties hereby irrevocably consent to the jurisdiction of the state and federal courts located in Clearwater, FL in any action arising out of or relating to this Agreement. By signing this Agreement, both Parties submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non-conveniens.
DELIVERABLES NEEDED BY CLIENT PRIOR TO PROGRAM:
(a) This section constitutes a strict deliverable agreement to ensure that the Company is able to perform the tasks outlined in section one. The following materials need to be given to us before the Soulful Branding Call on the day of the intensive:
1. Website Template needs to be picked out by the client
2. Client needs to be signed up for Showit on a paid plan of their own
3. Client needs to add Showit Key into their account prior to design
4. Client needs to reach out to Showit for a domain transfer to get the appropriate URL
5. Client needs to already have purchased domain
6. Client needs to migrate blog or podcast if there is one
7. Gather testimonials from past clients to use on the website
8. Create freebies or lead magnets to use on the website
9. Website copy for each of the pages
10. External links that will be used on the website
11. Legal pages consisting of Terms of Use, Terms and Conditions, and Policy Page all need to be created prior to the call. If you choose to not use them or want to launch without them, Sydney Atkinson and JOHWA Design Studio, LLC. are not responsible for any GDPR compliance issues or legality concerns related to your choice.
12. Clients' photos need to be submitted to the Company prior to design.
RESCHEDULING AND CANCELLATION POLICY:
Things happen, We understand. We allow one reschedule per client if done more than 24 hours before we’re supposed to start our intensive session. If there is an emergency within 24 hours, please contact us to figure out how we can make things work in the future.
I expect my clients to be communicable for the entirety of the project. If I’m designing, and haven’t heard back from you in over 48 hours, I will move forward with the said designs and you will lose the option to give edits on that section. I don’t want this to ever happen, so please be attentive! If there are periods of time you will be unavailable, please let me know while you are onboarding so that I know when I can expect you to be busy.
Miscellaneous:
(a) This Agreement shall be construed as to its fair meaning and not strictly for or against either Party.
(b) Nothing that the Company designs can be resold, or repurposed into an item for sale, like a template or brand kit.
(c) © 2023 JOHWA DESIGN STUDIO is to remain on the Footer of the website for the duration of its life unless agreed upon by the Company.
(d) It is the client's responsibility to provide all content, including images, copy and external links. If said content isn’t provided, it can prevent the site from going live during the agreed upon timeline. The client can also choose to launch on their own terms if their timeline is geared towards a specific date or other reasons, and releases the Company Service Provider from the responsibility to launch the new website that’s been created.
(e) The Beta Website Launch is a partnership and collaboration and both parties must work together to complete this project efficiently.
(f) If Client has not paid an invoice for more than 30 days, the Company may refer the collection of the unpaid amount to an attorney or collections agency. If Client’s unpaid invoices are referred to an attorney or collections agency, Client shall pay all reasonable attorney’s fees or collections agency fees as well as the Company deemed time spent on collecting this payment.
(g) Company reserves the right to discontinue work until the compensation due pursuant to this Agreement is paid in full. Company reserves the right to terminate this Agreement upon Client’s failure to pay the compensation due to Company pursuant to this Agreement.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM.
Company: JOHWA Design Studio, LLC., LLC
Founder and Designer: Sydney Atkinson
Email: hello@johwadesignstudio.com
Business Address: JOHWA LLC, Clearwater, FL, 33760
Date Created: November 16th, 2023
