Agreement
PLEASE READ THIS!
* By submitting a new order, you acknowledge and accept this Agreement.
** We will provide a Statement of Work for each project, which you will be required to sign electronically.
*** If you have any questions, please contact us here.
Agreement
1. Services
1.1. Description of Work: We agree to provide graphic design services as outlined in a separate Statement of Work document (the "Statement of Work"). The Statement of Work will detail the specific needs of each project (subscription or single).
1.2. Limitations: Our services exclude things like web development or copywriting. Complex projects may affect timelines.
1.3. Revisions: You get unlimited revisions for subscription project and 3 revisions for single project as detailed in the Statement of Work. You can request additional revisions for an extra fee.
2. Project Selection
2.1. Subscription Model:
Here are your subscription plan options:
Graphic Design Plan: Includes Unlimited designs per month, priced at $995 per month.
Video Only Plan: Includes Unlimited Videos per month, priced at $1,195 per month.
Design & Video Plan: Includes Unlimited designs and Unlimited Videos per month, priced at $1,695 per month.
2.2. Single Project Model: You can request quotes for projects outside of a subscription plan. We'll base the price on things like complexity. You'll need to approve the estimate before we start. Our range of prices start at $250 to $1,000 depending on the type of project.
3. Project Ordering Process
3.1. Subscriptions:
Choose your plan.
Fill out an order form specifying your design needs within your chosen plan's scope.
We'll review the order form, confirm acceptance, send you the agreement and the Statement of Work for you to sign electronically and set you up with a free Trello account to manage your design requests (Trello is a free project management tool).
3.2. Single Projects:
Fill out the order where you will Submit a detailed project brief outlining your design needs.
We'll review the brief and provide a written estimate outlining the scope of work, pricing, and estimated timeline.
4. Time of Delivery
4.1. We'll make commercially reasonable efforts to complete projects within 3 business days or 72 hours or the timelines outlined in the Statement of Work. However, unforeseen circumstances or your revisions may impact delivery times.
5. Ownership and Usage Rights
5.1. Ownership Transfer: Upon full payment for a project, you'll own the final designs.
5.2. Usage Rights: You are granted a non-exclusive, worldwide, royalty-free license to use and modify the final designs for any commercial purpose. You even can resell the designs (just let us know that when you place your order).
6. Errors and Omissions
6.1. You are responsible for reviewing and approving all final designs before use. We will not be liable for errors missed during your review.
7. Cancellation and Termination
7.1. Subscription Cancellation: Client may cancel their subscription at any time (just let us know by email or support page). Unused pre-paid periods are non-refundable.
Single Project Cancellation.: Client may cancel a project at any time (just let us know by email or support page) Refunds will be applied only for cancellations made within 24 hours of order submission.
7.1.1 Data Deletion Upon Cancellation: Please note that upon cancellation of a subscription, all Client data associated with the account will be deleted from our system within 7 days. This includes design files, project details, and communication history.
7.1.2 Pausing as an Alternative: We understand that design needs may fluctuate. If you anticipate a period of inactivity but wish to retain your design files and avoid data deletion, consider pausing your subscription instead of cancelling. Please refer to Section 9. Subscription Pausing for details on pausing your subscription.
7.2. Termination for Cause: This Agreement may be terminated by either party upon written notice for a material breach of this Agreement by the other party, which is not cured within 7 days of written notice.
8. Payment Terms
8.1. Payment Schedule:
Subscription fees are due in advance, on or after the day you sign the contract. We won't start any project without payment. Subscription fees will be charged automatically each month thereafter on the anniversary of your signup date via a secure invoice sent through Paypal.
Single project payments will be invoiced upon project approval and due in full before project commencement.
9. Subscription Pausing
9.1 Subscription Pausing: Client has the option to pause their subscription for a period of unlimited months at any time. A pause fee of $20 per month will be applied during the paused period (this will keep your design files, project details, and communication history in your Trello dashboard and will be charged immediately upon notification every month until you restart your subscription. If you don't pay your pause fee in 30 days we have the right to close or cancel your account.
9.2 Resuming Subscription:
No Additional Pause Fees: Once the paused period ends, there will be no further pause fees applied until the next renewal cycle.
Resuming Anytime: Client can resume their subscription at any point during the paused period or after it ends.
Pro-Rated Billing on Resumption: If Client resumes their subscription before the end of their current billing cycle, they will retain the remaining unused days in that cycle. The next billing cycle will then begin on the day following those remaining days.
10. Refunds
10.1 Subscriptions: Due to the ongoing nature of subscription services, refunds will not be granted after the initial project for that billing cycle has begun. However, if Client cancels their subscription with written notice 3 days after signing the agreement, they will not be charged for the following month.
10.2 Single Projects:
Full Refund: Client is eligible for a full refund within 24 hours of project commencement, provided no design work has been initiated by Contractor.
Partial Refund: If Client cancels a single project after design work has begun, a partial refund may be issued at Contractor's discretion. The refund amount will be determined by deducting the value of completed work from the total project cost.
10.3 Dispute Resolution: In the event of a dispute regarding a refund, Client and Contractor will attempt to resolve the issue amicably. If an agreement cannot be reached, the dispute resolution process outlined in Section 10 of this Agreement will apply.
11. Confidentiality
11.1. Both parties agree to hold confidential all non-public information disclosed by the other party during this Agreement.
12. Dispute Resolution
12.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas in the United States. Any dispute arising out of or relating to this Agreement shall be settled by negotiation.
13. Entire Agreement
13.1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
14. Electronic Signatures
14.1. The parties acknowledge the use of an electronic signature software for this Agreement.
15. Severability
15.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
16. Notices
16.1. All notices and other communications hereunder shall be in writing by email or support page only.
17. Binding Effect
17.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
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PLEASE READ THIS!
* By submitting a new order, you acknowledge and accept this Agreement.
** We will provide a Statement of Work for each project, which you will be required to sign electronically.
*** If you have any questions, please contact us here.
"El diseño no es sólo lo que parece y lo que se siente. El diseño es cómo funciona". -Steve Jobs
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© 2024 por Ángelo Espinoza. Orgullosamente creado por Design Vibe