terms of service
1.Payment
1.1 Rates and Fees: All services are billed at the rates agreed upon in the project proposal or contract. Rates may vary based on the complexity and scope of the project.
1.2 Payment Schedule: A non-refundable deposit of 50% of the total project fee is required before work commences. The remaining balance is due upon completion of the project and before the final deliverables are released to the Client.
1.3 Late Payments: Payments not received within 30 days of the invoice date will incur a late fee of 5% of the outstanding balance per month.
2.Fonts and Typefaces
2.1 Licensing: The Client is responsible for ensuring that any fonts or typefaces provided to the Designer are appropriately licensed for use in the project.
2.2 Purchasing: If specific fonts or typefaces are required for the project and are not provided by the Client, the cost of purchasing the necessary licenses will be added to the project fee.
3.Restrictions
3.1 Usage Limitations: The Client agrees not to use the design work for any unlawful purposes or in any manner that infringes upon the rights of others.
3.2 Modifications: The Client may not modify, adapt, or create derivative works from the design without the express written permission of the Designer.
4.Ownership and Copyright
4.1 Design Ownership: Upon full payment, the Client will own the final design work. The Designer retains the right to display the work in portfolios and promotional materials.
4.2 Source Files: The Client will receive final deliverables in the form agreed upon (e.g., JPEG, PNG, PDF). Source files (e.g., AI, PSD) remain the property of the Designer unless otherwise agreed.
4.3 Third-Party Materials: Any third-party materials (such as stock images) used in the design are subject to their own licensing terms and are not owned by the Designer.
5.Cancellation
5.1 Termination by Client: The Client may cancel the project at any time. In the event of cancellation, the Client forfeits the deposit and agrees to pay for all work completed up to the cancellation date.
5.2 Termination by Designer: The Designer reserves the right to terminate the project if the Client fails to comply with these Terms. In such cases, the Client remains responsible for all work completed up to the termination date.
6. Limitation of Liability
6.1 No Guarantees: The Designer makes no guarantees regarding the outcomes of the design services provided.
6.2 Liability Cap: The Designer's total liability under these Terms shall not exceed the amount paid by the Client for the services.
6.3 Indemnification: The Client agrees to indemnify and hold harmless the Designer from any claims, damages, or expenses arising out of the use of the design work.
7. Trademark and Copyright
7.1 Client's Trademarks: The Client represents and warrants that they have the right to use any trademarks, logos, or copyrighted materials provided to the Designer for use in the project.
7.2 Designer’s Trademarks: The Client agrees not to use the Designer’s trademarks, logos, or copyrighted materials without prior written consent.
8. Brand Naming
8.1 Naming Services: If brand naming services are provided, the Designer will propose names for the Client’s consideration. The Client is responsible for conducting trademark searches and securing any necessary registrations.
8.2 No Guarantee of Availability: The Designer makes no guarantee that proposed brand names will be available for use or registration.
9. General Provisions
9.1 Amendments: These Terms may be amended by the Designer at any time with notice to the Client.
9.2 Governing Law: These Terms are governed by the laws of the state in which the Designer operates.
9.3 Entire Agreement: These Terms constitute the entire agreement between the Client and the Designer regarding the services provided and supersede all prior agreements and understandings.
By engaging the services of Sam Wilson, Created By Kova, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.