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TERMS & CONDITIONS

TERM & SCHEDULE

  1. These Terms and Conditions apply to the provision of the services detailed in our quotation.

  2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation.

  3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

  4. The Services shall be completed in accordance with the schedule.

SERVICES

  1. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.

FEES & PAYMENT

  1. An initial Deposit amount needs to be paid upon accepting the terms and conditions in the contract. The project shall commence upon the receiving the advance payment.

  2. Fees for the Services shall be calculated in accordance to the size of the project and the time taken to complete the same.

  3. The Designer’s fees are calculated based on the number of services required by the Client and the time frame that they are to be completed in.

  4. Any additional resources that the client wants to be purchased such as fonts, templates, website hosting, etc, will be billed to the client and are not included in the package. The invoices for the same will be sent separately. Prior approval of the client will be taken before purchasing a material that they want. Once approved, the Designer will purchase the same and send the invoice to the Client.

  5. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.

  6. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us.

  7. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

RESPONSIBILITES OF THE PARTIES

A. Designer agrees to: 

  1. Cooperate with the Client in all matters relating to the Services.

  2. Ensure that reasonable skill and care is used in the performance of the Services.

  3. Ensure that the Designer observes all applicable rules and regulations and any other reasonable requirements that apply to the execution of the Services.

  4. Notify the Client as soon as the Designer becomes aware of any legal compliance hazards or issues which may arise in relation to the Services.

  5. Before the date upon which the Services are to start, obtain, or ensure that the Client has obtained, and at all times maintain, all necessary licenses and consents and comply with all relevant legislation in relation to: a) The services and b) The use of pre-existing material.

B. The Client agrees to: 

  1. Cooperate with the Designer in all matters relating to the Services.

  2. Provide access to the Client’s data as may be reasonably requested by the Designer.

  3. Provide the content and material reasonably necessary to carry out the Services in a timely manner, and ensure that such material is appropriately licensed, consented, permitted, and accurate in all material respects.

  4. Provide timely written feedback.

  5. Acknowledge that we are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section.

CONFIDENTIALITY

  1. All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by the Designer, unless the disclosure is required pursuant to process of law.

  2. Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Client. 

  3. During the course of this Agreement, it may be necessary for the Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, with the Designer in order for the Designer to complete the Design services and Deliverables in their final form. 

  4. The Designer can share parts of the work (mood board, color palettes, some designs, etc) during the project without revealing the full designs. The Designer can do so to offer glimpses of the project and build excitement in the community.

  5. The Final designs can be shared in the Designer’s portfolio and website to showcase the project upon the completion of the Agreement. The Designer can also use the brand name of the Client in their portfolio along with some information about the project without sharing any proprietary information, including trade secrets, industry knowledge, and other confidential information.

  6. This section remains in full force and effect even after closure of the Agreement by its natural closure or early closure by either party.

OWNERSHIP

  1. The Parties agree that all work created by the Designer in the process of performing the services will remain the exclusive property of the Client, where he/she can use it without any restrictions. 

  2. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.

  3. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

  4. The Service Provider shall implement and maintain technical and organizational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.

  5. The Designer can showcase the work in their portfolio, social media and website upon the completion of the project. Upon completion of the Agreement, the Client will own the final Design Deliverables.

LAW AND JURISDICTION

  1. This agreement will be subject to and interpreted in accordance with the laws of India and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Indian courts.

DISCLAIMER OF WARRANTIES

  1. The Designer warrants to complete the Services listed in this Agreement as per the Client’s requirements and specifications. However, the Designer does not represent or warrant that such services provided in this Agreement will create additional sales, exposure, brand recognition, profits or other benefits. 

  2. In addition to the above, the Designer holds no responsibility towards the Client in the event that the delivered work does not lead to the Client’s desired results. 

INTELLECTUAL PROPERTY

  1. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights

CLOSURE

  1. The Client will be responsible for all costs and expenses incurred prior to the date of closure.

  2. Upon closure, the Designer shall return all the Client content, materials, and all copies of Deliverables to the Client at its earliest convenience, but in no event beyond thirty (30) days after the date of closure.

  3. This Agreement will automatically end when the services are completed.

  4. We can terminate the provision of the Services immediately if you:

      a) fail to make pay any amount due under the Contract on the due date for payment.

      b) are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of        insolvent debtor.

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