Terms of Service
We’re thrilled you’ve decided to use DesignLoyal for your new project or service, all of which we refer to hereafter simply as “Terms”, “Services”, or “Terms of Service”.
We’ve drafted these Terms of Service so you’ll know the rules that govern our relationship with you.
Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you (referenced hereafter as “Company” or “Client”) and DesignLoyal (referenced hereafter as the “Contractor” or “Designer”), so please read them carefully.
Parties: The Company refers to the person and/or business named in the Invoice. The Contractor or Designer refers to DesignLoyal.
Terms of Service: The details of the agreement as outlined in (Terms of Service) this page.
Terms of Payment: The details of the Company’s payment agreement as outlined in the received invoice.
Agreement for Services: The details of the “Agreement for Services” form. This agreement is referenced in the Initial Invoice and located at – www.designloyal.com/agreement, submission of the “Agreement for Services” constitutes full agreement to the “Terms of Service” found herein and “Terms of Payment” as outlined in your estimate and/or invoice.
Copyright Usage: The rights granted to Company are for the usage of the Final Design in its original form only. The Company may not modify the Final Design without express written consent from the Contractor. The original work is fully licensed for exclusive use on the Company’s original website URL, and for other marketing materials as agreed and may not be shared or transferred to another party. Grant of copyright is conditioned upon receipt of all Invoice payments, and upon the Client’s compliance with the terms of this agreement.
Commencement of the Project: The Contractor agrees to start the project once the “Agreement for Services” is completed and the agreed “initial payment” is received as outlined in the “Payment Schedule” portion of this agreement.
Project Completion: The Contractor agrees to complete the project in a timely manner as discussed in commencement. In instances where there is a force majeure, the Contractor agrees to communicate with the Company the clear steps that would lead to the completion of the project and present an estimated date of completion.
Reservation of Rights: All rights not expressly granted above are retained by the Contractor. Any use additional to that expressly granted above requires an arrangement for payment of a separate fee.
Revisions: Upon completion of the first draft of the project it will be presented to the Company for review and revisions. Revisions may be made only by the Designer at the Preliminary Design phase. Additional fees will be charged for revisions made after 2 preliminary design revisions or revision requests in excess of 4 hours of labor (unless otherwise stated in the initial invoice).
Invoice: Any billed amount from the Contractor which outlines an amount due for Services. Examples would be Services such as but not limited to the following- total amount due for the project, any monthly fees, Initial Invoice may also contain information on the length of contact (12 months minimum commitment unless otherwise noted and agreed), cost of future work or edits, and any maintenance fees that may apply. (Invoice may also be referenced as Initial Invoice or Fee)
Payment Schedule: Unless otherwise stated all projects are 50% due upon receipt of initial invoice (this guarantees the start of the project once all requested content is provided), with the remaining 50% due upon the earlier date of project completion or 30 days after initial payment.
Payment Terms: All monthly payments are due upon receipt of Invoice unless otherwise agreed. A $10 monthly service charge will be added for payments more than 15 days past due.
Cancellation Fees: All initial contracts are for a period as outlined in the initial invoice (12 months minimum commitment unless otherwise noted in Invoice) In the event of early Cancellation, Contractor will be compensated for services performed through the date of cancellation and a prorated portion in the amount of 70% for any final fees due. Upon cancellation of payment in full all rights to the website transfer to the Company along with full rights to all completed original art – excluding sketches, comps, or other preliminary materials.
Credits and Promotion: A credit line suitable to the design of the content will be included and displayed at the bottom of all content. Designer reserves the right to include weblink, references, or screenshots of the completed work in their portfolio and marketing materials.
Preliminary Works: Designer retains all rights in and to all Preliminary Designs. Client shall return and or delete all Preliminary Designs to Designer within thirty (30) days of completion of the project and all rights in and to any Preliminary Designs shall remain the exclusive property of Designer.
Permissions and Releases: The Client agrees to indemnify and hold the Designer harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Design at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
Miscellaneous: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by a writing signed by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/ or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of California and courts of such state shall have exclusive jurisdiction and venue.
Contact: Please direct any questions regarding these Terms of Service to firstname.lastname@example.org with the subject line “terms”.
Revision date: 2/28/2018