Design Services Terms of Service
Summary: Saudade Design Co. strives to create specialized designs to fulfill clients’ design needs with ultimate satisfaction. The vast majority of design projects run smoothly, without any problems, and Saudade Design Co. always recommends open communication as the best form of speaking concerns and/or resolutions. If an issue arises this agreement is set in place to clarify the responsibilities of all parties involved. To insure the best experience and to reach this goal together this simple agreement must be set in place is acknowledged by client upon payment to Saudade Design Co. It is the responsibility of each party to record this for their records.
Client: Client agrees they have the authority to enter into this agreement on behalf of themselves, their company or their organization.
Quotes: Saudade Design Co. will provide a detailed quote for all projects following a complimentary consultation/creative brief before commencement of project. All quotes are valid for 30 days and will not change unless changes, revisions or additions are requested by client at which the below Changes, Revisions and Additions section of this agreement applies. All charges within quotes must be approved before start of project and once approved will become part of this agreement and act as a guideline for the project.
Deadlines: Saudade Design Co. plans to complete any project and will do so in a professional and timely manner. We agree to meet all applicable deadlines set at the time of and stated within this agreement. Client and, if applicable, the company it represents agrees to provide Saudade Design Co. with everything needed to complete the project including text, artwork and other information in requested format and date requested by Saudade Design Co. Client will also review work and provide adjustments and/or approval in a timely manner. Saudade Design Co. will not be liable for an unmet deadline if client has been late in supplying required deposits, materials and/or have failed to approve proofs in a timely manner to be determined by Saudade Design Co.
Confidentiality: Saudade Design Co. understands that some information provided to Saudade Design Co. may be confidential to its client as an individual, business, organization and/or third-party before, during, and after the duration of the project. Saudade Design Co. will be permitted to use any and/or all parts of the project as stated in the Copyright section of this agreement unless requested by client prior to start of project.
Cancelation: Both Saudade Design Co. and client reserve the right to terminate any project at any time. If for any reason client wishes to terminate before completion of project, client understands that they may forfeit any begin-work fees and are responsible for any time and/or work completed from start of agreement to termination of agreement according to payment schedule where termination and completion become one in the same. In the event Saudade Design Co. cannot complete or fulfill this agreement and/or project as stated within this agreement for any reason, the client will not hold Saudade Design Co. liable to the client as an individual, company, or any third-party for damages, including but not limited to lost profits, lost savings or other incidental, consequential or special damages, even if the client has advised Saudade Design Co. of the damages.
Changes, Revisions, & Additions: Sometimes things change throughout the scope of a project. Saudade Design Co. does not want to limit the clients ability to achieve satisfaction and will accept requests for revisions, changes and/or additions. Client will be notified in writing of any additional fees that may apply for change, revision or additional requests. Client understands that additional deposits may be required for any additional fees applied once project has begun for project to continue and that project may pause until client has accepted additional charges and paid any necessary deposits. Again, Saudade Design Co. is not responsible for any unmet deadlines for incomplete or delayed responsibilities of client. Saudade Design Co. has the right to terminate any or all this agreement without refund of deposits or payments for unreasonable quantity, to be determined by Saudade Design Co., of change/revision requests.
Content: It is the final responsibility of client to make sure any content of design is correct before delivery of final project. Saudade Design Co. is not liable for any damages to the client as an individual, company, or any third-party, including but not limited to lost profits, lost savings or other incidental, consequential or special damages, even if the client has advised Saudade Design Co. of the damages for any incorrect content.
Copyright: First, clients guarantees that any materials provided to include but not limited to all elements of text, graphics, photos, designs, trademarks, or other artwork provided by client are either owned by client, or that you’ve permission to use them. Client will continue to own all elements of text, images and data provided by client, unless someone else owns them. Saudade Design Co. retains the rights to all elements of the design (with the exception of logos of which copyrights will be released) but will license reproduction rights to the client, exclusively and in perpetuity for this project only, as stated in this agreement unless agreed and stated in this agreement otherwise. Any files provided to the client are the responsibility of the client and additional fees may be required for redelivery. Saudade Design Co. reserves the right, unless stated in writing at time of agreement, to use any and/or all parts of this project in any part of the Saudade Design Co. portfolio and/or promotional materials to include all forms of media during or after completion of project unless agreed upon and stated within this agreement otherwise.
Payment: Depending on the nature and scope of the project, Saudade Design Co. may require a begin-work fees of a reasonable amount set by Saudade Design Co. within this agreement before any work can begin on behalf of Saudade Design Co. Once final approval has been given in writing, regardless of but to include begin-work deposit, if applicable, 100% of total invoice must be paid AND cleared by the bank before delivery of final product, unless agreed upon on and stated in the agreement otherwise. Saudade Design Co. reserves the right to charge interest as well as charge additional fees for any expenses and/or time acquired to collect on any portion of unpaid invoices for any time and/or work completed despite delivery of final product and client agrees to pay for these accrued fees/charges and remaining invoice before delivery of final product can be completed. Client also agrees to complete any payment schedule, if applicable, as agreed upon at start of project.
Other: You can’t transfer this agreement to anyone else without my permission. This agreement stays in place and need not be renewed. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.