Terms of service.
PROJECT
The client allows permission for all design work to be used and shared by Faldona Vande Velde for self-promotional purposes, once the client has first publicly launched their designs, although sneak peeks of the project can be shared by both Faldona Vande Velde and the client. Unused designs created during the process, and which are not included in the final signed-off designs, remain in full ownership of the designer to do with as they please.
Unless stated otherwise, the client is entitled to 3 concept moodboards the client can choose of. Once the concept is chosen, the client is entitled with 3 revisions. Should the client require more revisions or the designer believes the work to be more complex than set out, additional fees will occur. Furthermore, any additional work beyond the services listed above will result in an added billing to the invoice.
CLIENT EXPECTATIONS
The client is required to respond with feedback within 14 days of receiving any design work. In the case that the designer makes multiple attempts to contact the client and they are failing to communicate, the contract will be automatically terminated and all payments for completed work will be billed directly plus a disruption fee of 20%.
If a situation arises where the client must pause the project due to unforeseen circumstances within the business, or due to personal reasons, then the client will be billed for all design work completed up to date. The client may only pause a project for up to 30 days, and the project will be resumed based on the designer’s availability. Following the 30 days period, if the project has not yet resumed in full, the designer is within the right to cancel the project and refund the amount equal to the sum of work not yet completed.
Should the project not be completed by end date, at no fault of the designer, the client will be expected to pay a 10% of the full payment disruption fee for each week that the project runs over, if not priorly discussed with Faldona Vande Velde.
The designer is not responsible for delays in the client’s schedule that are a result of the client’s planning. If the client requires additional work, or resumed work, to be completed on a rush order that results in the designer making accommodations in their schedule that go beyond typical work hours, then this will be billed at an increased rush rate of 10% of the full payment and only accepted based on the designer’s availability.
During the course of the project, the client may share information to the designer that must remain confidential. The client should adress this upfront. Faldona Vande Velde agrees to keep this information confidential and to not share any information regarding the project to social media until the brand has been launched.
PAYMENT
Full payment of the non-refundable 30% deposit is required in order to secure your starting date. The designer will reserve the date agreed upon. No designing will take place and no rights are granted until timely payment is made on the deposit. Should the deposit not be paid, the client is automatically surrendering their slot and this will be given to another client.
Should the client fail to comply with payment dates, a late fee of 10% of the full payment will be billed directly. Failure to pay these fees will result in instant termination of the contract and the matter will be taken further.
TERMINATION
In the event that the client wishes to terminate the contract for any reason, except for unforeseen circumstances (see 15.), the client will be expected to settle any final payments for work already completed and will be subject to 20% cancellation fee. In this scenario, the client will not be entitled to a refund of any manner.
Breach of the following will result in automatic termination of the contract and the client shall not be entitled to a refund of any kind.
A) In the unlikely case that the client is disrespectful or makes any discriminative or offensive remarks towards Faldona Vande Velde.
B) In the unlikely case that multiple attempts have been made or offered to develop a design yet the client remains unhappy, is in refusal of additional fees, fails in giving feedback and a resolution is not deemed possible by the designer.
C) In the unlikely case that there is a dispute between the designer and the client that is unresolvable.
Should the contract be terminated by either party, all work legally belongs to Faldona Vande Velde and the client is not permitted to use the designs for personal or business use. Furthermore, in this event, any individual, including the client or another designer, is not permitted to recreate the ideas or designs that have been created by Faldona Vande Velde.
In the unlikely event that Faldona Vande Velde falls ill or is injured and is unable to complete the work for this reason or any other, including personal, the client is entitled to a partial refund minus any design work that has already been completed. Should this occur prior to the starting date, the client will be entitled to a full ref und of the deposit.
Should the project be terminated, the client will receive any ongoing presentation files (no working files) and will own these to do with as they please. Prior to this, any outstanding bills for work must be settled. If these bills are not settled, the client will not be permitted to receive any files or any rights to the design.
RIGHTS
Upon final payment, the client will receive all final file types and the right to display the logo wherever the client sees fit. However, no other individual, including the client or another desiger, is granted the right to change or manipulate the logo in any way. This includes adding or changing any element including, but not limited to, patterned/decorative backgrounds, changing the layout, colours or typography. If the client chose any photography services, he or she can can use the images freely online or offline, but is asked to not change colours or add filters.
If any major changes should be made, the client will ask Faldona Vande Velde first. Similarly, the client’s unique branding elements should not be used to create a new logo, and a new colour palette, typography, graphics and composition should be selected in this event. Should the client fail to comply, this will be seen as a breach of contract and further action will be taken.