Terms of Service
1.1. “the designer” means Jozzelle De Jesus.
1.2. “client” means the person or entity who ordered services provided by the designer.
1.3. “customer service” means the relationship between the designer staff and the client with the purpose of assisting the client.
1.4. “service”, "service(s)" or "services" means any product(s) or service(s) the client has agreed to use.
1.5. “project”, “project(s)” or “projects” means the task that the client has engaged the designer for services.
1.6. “Invoice”, “invoice(s)” or “invoices” refers to the document sent to the client for an amount owing for the services they have accepted.
1.7. “Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the final deliverables to designate the origin or source of the goods or services of the client.
1.8. “Third Party Materials” means proprietary third party materials which are incorporated into the final deliverables, including without limitation stock photography or illustration.
1.9. “Working Files” means all underlying product and digital files utilized to create the preliminary works and final works other than the format comprising the final deliverables.
2. Fees Schedule
2.1. Working Files Release Fee: $80
2.2. Initial Upfront Deposit: 20%
2.3. Monthly Late Payment Interest: 2%
2.4. File Restoration Fee: $50
3.2. These Terms of Services shall apply during the duration of services with the designer, and their staff.
3.3. The client and the designer expressly acknowledge that this does not create an exclusive relationship between the parties. The client is free to engage others to perform services of the same or similar nature to those provided by the designer, and the designer shall be entitled to offer and provide design services to others.
3.4. The client agrees to abide by all local, state and federal laws pursuant to the service(s) delivered by the designer.
4.1. The client agrees to receive emails and/or SMS messages directly relating to the service(s) provided, as well as marketing and promotional emails and/or SMS messages from the designer to the contact details registered to their account.
4.2. Clients with eligible services may receive service specific notifications (including, but not limited to suspension notices) via SMS to their mobile device if a mobile number is present.
4.3. Any projects may receive communication in the form of email, call, and text message in a span of 10-12 working days. Lack of response will consider the project suspended and any initial deposits will be forfeited.
5. Availability of Services
5.1. While the designer will endeavour to provide continuous availability of all service(s) to the client, the designer will not be liable for any service interruptions or downtime that may occur due to unforeseen circumstances.
5.2. Suspension and Termination of Services
5.2.1. the designer may suspend or terminate service(s) if:
5.2.2. The client is found to be in breach of any policy including but not limited to the Terms of Services or any applicable Agreements;
5.2.3. The client has become insolvent or bankrupt;
5.2.4. The client has unpaid invoices.
6. General Warranties and Undertaking
6.1. The Client
6.1.1. The client warrants that the name of their product, company, or service is not already in use. It is the client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image in relation to their business.
6.1.2. The client warrants that any information supplied to the designer are true and correct and will be kept current and up-to-date.
6.1.3. The client warrants that at the time of engaging the designer for their services, they are not relying on any representation made by the designer, its staff, agents or affiliates, which has not been expressly stated in an agreement.
6.1.4. The client warrants that it is their sole responsibility to maintain regular offsite backups of their data and will not hold the designer liable for incomplete, out of date or corrupt data recovered from backups and archives.
6.1.5. The client guarantees that they will immediately notify the designer of any changes to their financial position which may affect their ability to perform obligations under these Terms of Services.
6.1.6. The client agrees not to solicit, recruit, engage or otherwise employ or retain, on a full-time, part-time, consulting, work-for-hire or any other kind of basis, any employee and/or staff of the designer during the duration of the services.
6.1.7. In the event such employment, consultation or work-for-hire event occurs the client agrees that the designer shall be entitled to an agency commission of 25 percent of said person’s starting salary with the client.
6.2. The Designer
6.2.1. The services and the work product of the designer are sold “as is.” In all circumstances, the maximum liability to the client for damages for any and all causes whatsoever, and the client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of the designer.
6.2.2. The designer shall not be liable to the client for lost profits, direct or indirect, special or incidental, consequential or punitive; or damages of any kind whether or not they were known or should have been known.
6.2.3. The designer shall not be liable to the client for harm caused by or related to the client's service(s) or inability to utilise the service(s) unless caused by gross negligence or wilful misconduct.
6.2.4. The designer does not warrant that:
22.214.171.124. Any service(s) provided will be uninterrupted or error free;
126.96.36.199. The service(s) will meet requirements other than as expressly set out in these terms;
6.2.5. The designer are under no obligation to maintain a backup of the client data.
6.2.6. Any and all revision requests or project additions/alterations MUST be sent in writing to the the designer email or instant messaging via WhatsApp.
6.2.7. Revisions may be discussed verbally however, no work will be done until the client submits their revisions in writing through the aforementioned platforms.
7. Artwork Ownership, Copyright & Accreditation
7.1. The client warrants that any element of text or graphics provided for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organisation.
7.2. All draft concepts sent to the client are for client review and comment purposes only.
7.3. All logos, artwork, concepts, working files and designs remain the copyright and exclusive property of the designer unless otherwise agreed upon in a written contract.
7.4. Ownership and copyright rights of the final artwork becomes the full property of the client only upon payment of all fees owing. Until the contract is paid in full, all materials remain property of the the designer.
7.5. Working files can be made available to the client at the fee mentioned in 2.1 of the Fees Schedule.
7.6. We reserve the right to utilise and/or reproduce any image, logo or illustration created by the company in advertising, electronic, traditional reproduction, or to display the workin corporate portfolios, unless exclusion is explicitly requested in writing by the client.
7.7. All displays or publications of the deliverables shall bear accreditation and/or copyright notice from the designer, unless otherwise directed by the client.
8. Accounts and Billing
8.1. All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation.
8.2. All invoices are payable within 14 days from the issue notice.
8.3. Any unpaid invoices by the client must be paid in full before new service(s) will be provisioned.
8.4. All published prices are inclusive of any government taxes and charges unless otherwise noted.
8.5. Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated.
8.6. Restoration of terminated service(s) is subject to the designer's Terms of Services.
8.7. Unless otherwise specified in a written contract, projects larger than $300 will require an upfront payment set out in 2.2 of the Fees Schedule. The client may await the 14-day invoice period before paying, but no work will commence once the payment has been cleared.
8.8. After 30 days of unpaid invoices, the late payment fee set out in 2.3 of the Fees Schedule is applied to all outstanding accounts, without exception and retroactive to the due date of the invoice.
8.9. If the account remains in default after 90 days, or if the customer’s payment is charged back to us, we will issue one final warning before turning the account over to a third-party collections agency or appropriate legal avenues.
8.10. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections.
8.11. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will remain with or revert to the designer. In such a case, we retain the right to repossess any and all materials created for the client. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
8.12.1. The client will not be entitled to a refund if any of the designer Terms, Policies and Agreements have been breached by the client.
8.12.2. All other refunds will be processed at the sole discretion of the designer, in-line with the Australian Competition & Consumer Commission's published policies and guidelines. More information can be found at http://www.accc.gov.au/consumers/consumer-rights-guarantees.
8.13.1. The client can request cancellation for any service(s) for any reason.
8.13.2. The client agrees to pay any outstanding invoices upon cancellation of their service(s).
9. Data Management & Backup
9.1. It is the client’s sole responsibility to maintain regular offsite backups of their data and will not hold the designer liable for incomplete, out of date or corrupt data recovered from backups and archives.
9.2. The designer is under no obligation to maintain a backup of the client’s data following the suspension or cancellation of the service for any reason.
9.3. If the client requires the designer to supply a backup of their data after the end of a project or service, for any reason or purpose that is not the direct fault of the designer, the fee set out in 2.4 of the Fees Schedule will be payable by the client before the data is made available.
If you have any questions about these Terms of Services, please contact our team via email to firstname.lastname@example.org