Last updated: [08.18.2026]
These terms of service (the "Terms" or "Agreement") govern your access to and use of this website (the "Website"), owned and operated by the person responsible for the Website (the "operator", "we", "us" or "our"). The Website belongs to KiM SMiNKEY.
By visiting or using the Website, you confirm that you have read, understood and accepted these Terms. If you do not accept the Terms, you must refrain from using the Website.
Headings are included for convenience only and shall not affect interpretation.
We may update the Terms from time to time. Changes take effect when published on the Website unless expressly stated otherwise. Continued use of the Website after changes are published constitutes acceptance of the updated Terms.
1.1. The Website is a CV and portfolio website for KiM SMiNKEY and aims to present work, skills and services in graphic design/art, and to enable inquiries and ordering of graphic design services (the "Services") locally or remotely (remote delivery).
1.2. The operator may also offer hand-painted products/handicrafts ("Hand-painted products"). Such products are sold locally by agreement only, and not via an online cart, online payment, or similar purchase solution on the Website.
1.3. These Terms apply to use of the Website, all communications and inquiries via the Website, and agreements for delivery of Services and any local purchases of Hand-painted products.
1.4. Any agreement formation, quotation and delivery is personal and may not be assigned without the operator’s written consent.
2.1. The Website may contain portfolio content, information about services, contact information, contact forms and links to external platforms.
2.2. Information may be collected automatically or voluntarily when you interact with the Website, in accordance with the privacy policy (the "Privacy Policy") available on the Website.
2.3. Prohibited use. You agree not to use the Website in a manner that (i) violates applicable law, (ii) infringes third-party rights, (iii) attempts to bypass security measures or disrupt operations (including via malicious code, automated scraping or overloading), or (iv) uses contact channels for spam, harassment or misleading inquiries.
3.1. The operator may at any time update, change, restrict or discontinue the Website or parts of it.
3.2. Certain features may depend on third-party providers (e.g., analytics tools, embedded media, map services or social media). The operator is not responsible for third-party performance, availability or operation.
3.3. Access to the Website may require an internet connection and a compatible device. Such matters are outside the operator’s control.
3.4. The operator is not responsible for delays, interruptions or errors caused by circumstances beyond the operator’s reasonable control.
3.5. Technical errors may occur. The operator disclaims liability for losses resulting from technical errors to the extent permitted by applicable law.
3.6. The Website is provided "as is" and "as available" without warranties of any kind, unless otherwise required by mandatory law.
4.1. All content on the Website, including text, graphics, illustrations, images, video, audio, design, layout, logos and other materials, is owned by or licensed to the operator and is protected by applicable copyright and other intellectual property laws.
4.2. You may not copy, reproduce, distribute, publish, modify or create derivative works from Website content without the operator’s prior written consent, unless such use is permitted by mandatory law.
4.3. Unauthorized use may result in legal action.
5.1. The portfolio and other content on the Website are intended to showcase previous work and style, and do not constitute a binding offer unless expressly stated in writing.
5.2. Results of graphic design services will vary based on the client’s needs, brief, feedback, timelines and other factors. The operator provides no guarantee of specific commercial results (e.g., increased sales, reach or conversion) unless otherwise agreed in writing.
5.3. The customer/user is responsible for ensuring that materials provided to the operator (e.g., text, images, logos and fonts) may be used lawfully and do not infringe third-party rights.
6.1. To the extent permitted by applicable law, the operator is not liable for indirect losses or consequential damages, including but not limited to loss of profit, loss of revenue, loss of data, reputational harm or business interruption arising from use of the Website or agreed Services.
6.2. If the operator is nonetheless found liable in connection with an agreed and paid Service, the operator’s total liability shall be limited to the amount actually paid by the customer for that specific Service, unless mandatory law requires otherwise.
7.1. The operator is not responsible for delays or failure to perform due to circumstances beyond the operator’s reasonable control, including (without limitation) natural disasters, war, government actions, strikes, network outages or other unforeseen events.
8.1. The Website does not provide an online shopping cart or online payment solution. Orders for Services and any purchases of Hand-painted products are made via direct contact and a written or oral agreement, with subsequent confirmation where appropriate.
8.2. Services may be delivered locally or remotely, as agreed (e.g., digital delivery of design files via email or file transfer).
8.3. Price, scope, timeline, number of revision rounds, delivery format, usage rights/license and other terms are agreed in a quotation, order confirmation or other contractual documentation.
8.4. Payment for Services is made in accordance with the agreement, typically via invoice or other agreed payment method. An advance payment may be required.
8.5. Hand-painted products are sold locally only and delivered by agreement (e.g., pickup or personal handover). Any delivery/shipping arrangements, if agreed, will be specified separately.
8.6. The operator reserves the right to decline inquiries or assignments at its discretion, including due to lack of capacity or where the request is contrary to law or third-party rights.
9.1. Cancellation, right of withdrawal, returns and refunds are handled in accordance with applicable consumer and contract law, including mandatory rules where applicable.
9.2. Services: If performance of a service has started as agreed, the right to cancel/withdraw may be limited, and the operator may be entitled to payment for work performed and incurred costs, in accordance with applicable law and agreed terms.
9.3. Hand-painted products (local sale): Any return/exchange is assessed under applicable law. If the product is defective or incorrectly delivered, this will be handled in line with statutory rights.
9.4. Refunds, where applicable, are normally processed via the same payment method used, unless otherwise required by law or agreed.
You agree to:
These Terms are governed by the laws of the jurisdiction in which the operator is established, unless otherwise required by mandatory law.
Disputes shall be attempted resolved amicably. If unresolved, disputes shall be brought before a competent court in the operator’s jurisdiction, unless otherwise required by mandatory venue rules.
12.1. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.2. The operator may assign its rights and obligations under these Terms to the extent permitted by applicable law.
12.3. These Terms constitute the entire agreement between you and the operator regarding use of the Website and supersede prior or contemporaneous understandings relating to the same.
12.4. For questions, please use the contact information provided on the Website’s contact page.