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Terms & Conditions

General Terms and Conditions (AGB) for Cherry on the Moon, a Japan-based studio working with clients internationally.

Last updated: July 2026

These terms are provided in English for clarity. They are intended to comply with Japanese law as the governing framework while remaining understandable for international clients. They do not constitute legal advice.

1. About these terms

These General Terms and Conditions (AGB) govern projects between Cherry on the Moon and its clients. They are written in English so international clients can read them clearly.

Cherry on the Moon is a company based in Japan. Unless a written project agreement says otherwise, these terms are governed by the laws of Japan. Where mandatory consumer-protection or commercial laws in a client's country apply, those laws take precedence to the extent required.

If any part of these terms conflicts with a signed project agreement, the signed agreement prevails for that project.

2. Service provider

Trading name: Cherry on the Moon

Legal entity: CherryontheMoon株式会社

Country of establishment: Japan

Representative: Riley Lemm

Registered address: Wakaranai Lodge, Kamitomamu, Shimukappu-mura, Yufutsu-gun, Hokkaido 079-2205, Japan

Contact: inside@cherryonthemoon.com

3. Scope and clients

These terms apply to design, web, print, application, hosting setup, and related studio services provided by Cherry on the Moon.

Most of our work is business-to-business (B2B). If you are a consumer (an individual acting outside your trade, business, or profession), additional mandatory protections may apply under Japanese law, including the Consumer Contract Act (Act No. 61 of 2000), and we will confirm any terms that differ before work begins.

For online sales or services offered to consumers in Japan, information required under the Act on Specified Commercial Transactions (Act No. 57 of 1976) will be provided separately where applicable.

4. Services and project agreements

Cherry on the Moon provides creative and technical services, including website design and development, hosting setup, print design, and custom application work.

The exact scope, deliverables, timeline, revisions, and fees are defined in a project proposal, quote, statement of work, or other written agreement before work begins.

Work outside the agreed scope requires a revised quote or written approval before we proceed.

5. Quotes and contract formation

Quotes are non-binding unless stated otherwise. A contract is formed when the client accepts a quote in writing (including email) or when work is commissioned with explicit agreement on scope and price.

Electronic acceptance by email or other agreed digital means is valid. Both parties may rely on written records of the agreed scope and fees.

6. Fees, payment, and taxes

Fees are due as stated in the project agreement. Unless otherwise agreed, invoices are payable within 14 days of issue.

For larger projects, a deposit may be required before work starts. Final files, launch, or handover may be withheld until outstanding invoices are paid.

Prices are quoted exclusive of applicable taxes unless stated otherwise. Where Japanese consumption tax (消費税) or other taxes apply, they will be shown on the invoice in accordance with Japanese tax law.

International bank fees, currency conversion costs, and payment charges are borne by the payer unless otherwise agreed.

Late payment may result in suspension of work and statutory or agreed interest on overdue amounts where permitted by law.

7. Client obligations

The client provides content, feedback, access, and approvals in a timely manner. Delays caused by missing input may shift delivery dates.

The client is responsible for the accuracy and legal use of materials they supply, including text, images, logos, trademarks, and third-party assets.

The client confirms they have the rights to use all materials provided for the project and will indemnify Cherry on the Moon against claims arising from client-supplied materials, except to the extent caused by our negligence or misconduct.

8. Delivery and acceptance

Deliverables are provided in the formats agreed in the project scope. After delivery, the client has 14 days to report material defects or missing agreed items.

If no substantiated objection is raised within that period, the deliverable is considered accepted, unless mandatory law provides otherwise.

Correction of defects within the agreed scope will be handled in good faith. Requests beyond the agreed scope or revision rounds may be billed separately.

9. Intellectual property and usage rights

Unless otherwise agreed in writing, Cherry on the Moon retains ownership of pre-existing materials, methods, tools, and know-how used in a project.

Upon full payment, the client receives the usage rights agreed in the project contract for the final deliverables created specifically for that project.

Unless otherwise agreed, Cherry on the Moon retains the right to show completed work in its portfolio, case studies, and promotional materials, subject to reasonable confidentiality requests confirmed in writing before delivery.

Third-party tools, fonts, stock assets, frameworks, or licensed components may be subject to separate license terms, which the client is responsible for complying with after handover where applicable.

10. Confidentiality

Both parties treat non-public business information shared during a project as confidential, unless disclosure is required by law or the information is already public through no fault of the receiving party.

Confidentiality obligations survive termination of the project for a reasonable period, or as stated in a separate non-disclosure agreement if one exists.

11. Warranty and liability

Cherry on the Moon delivers services with professional care according to the agreed scope.

Except in cases of willful misconduct or gross negligence, and except where mandatory law does not permit limitation, Cherry on the Moon's total liability for any claim relating to a project is limited to the fees paid by the client for that project.

Cherry on the Moon is not liable for indirect damages, lost profits, loss of data, business interruption, or issues arising from third-party services, hosting providers, platforms, or tools outside its reasonable control.

Nothing in these terms limits liability where limitation is not permitted under applicable Japanese law, including mandatory consumer protections.

12. Term, cancellation, and termination

Either party may terminate an ongoing project with written notice if the other party materially breaches the agreement and does not remedy the breach within a reasonable period after notice.

The client may cancel before completion only as agreed in writing. Unless otherwise stated, work completed up to the cancellation date remains payable, and any non-refundable deposits or third-party costs already incurred may be charged.

For consumer clients in Japan, cancellation rights under applicable law are not excluded by these terms.

13. International work

We work with clients in Japan, Europe, the United States, and elsewhere. Contracts, invoices, and project communication may be in English or Japanese as agreed.

The client is responsible for local compliance of their own use of deliverables, including marketing law, accessibility requirements, privacy notices, and industry-specific rules in their jurisdiction.

Where a client requires a local governing law or jurisdiction for a specific project, that must be agreed in writing before work begins. Otherwise, Section 14 applies.

14. Governing law and dispute resolution

These terms and any dispute arising from them are governed by the laws of Japan, without regard to conflict-of-law rules that would apply another country's substantive law.

The parties will first attempt to resolve disputes in good faith through direct negotiation.

If negotiation does not resolve the matter within 30 days, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance, unless mandatory law requires otherwise.

15. Privacy and data

Personal data shared during a project is handled for project delivery, communication, billing, and related business purposes.

Where required, a separate privacy notice or data-processing terms will be provided. Clients remain responsible for lawful collection and transfer of personal data they provide to us.

16. Changes and contact

Cherry on the Moon may update these terms for future projects. The version published on this page applies to new engagements after the published date.

If an update materially affects an active project, we will notify the client before the change takes effect for that project.

Questions about these terms: inside@cherryonthemoon.com