Disclaimer: Before you confirm your agreement to these terms, please make sure you understand all of the below agreement. Should you have any questions or concerns regarding these terms, please contact me before advising me of acceptance.
Concepts: Within 14 business days of receiving your information and deposit, Danielle Miranda Design (DMD) will create up to three different design concepts for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, DMD will make any needed changes to your selection of the concepts until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at DMD’s current hourly rate ($40/hr).
Scheduling/Work Speed/Deadlines: You reserve the right to set a deadline for your project. This deadline must be disclosed prior to payment. DMD have the right to decline a project if there is too short of a time allowance. If you did not alert DMD to a deadline, DMD reserves the right to take up to 2 weeks to begin work on your project, and an additional 2 weeks to work on said project. No reminders shall be sent reminders until this 4 week's buffer period has passed. No harassment over work speed will be tolerated, regardless of the time that has passed. You reserve the right to be notified of any delays.
File Delivery: After the final design is approved, the design will be sent to you as digital files (.jpg, .pdf, and .eps graphics file formats), or the file types specified by DMD for your project.
Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business or project, with the exception of NFT and AI usage. DMD retains the right to use the final design, or any versions of the design created in the process, within printed and online portfolios. The client understands that it is the client’s responsibility to copyright any logo designs (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).
Payment: A 50% deposit is required before any work begins and the remaining payment when the final design is approved but before it is delivered. The client understands that the final design belongs to DMD until paid in full. In the event of termination of this Agreement, DMD owns the design and has the right to complete, exhibit, and/or sell the design (not including business name). Furthermore, DMD owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion (with the exception of NFT and AI usage) and that DMD reserves the right to display the design for business promotional use.
DMD is not responsible for any mistakes that are made on your part over the course of the payment transaction. If DMD cancels the project, 100% of the paid amount will refunded. You are NOT authorized to issue a chargeback for any reason. Purposefully issuing a chargeback without contacting DMD to cancel/refund a project will result in immediate blacklisting for you as well as your email address.
Originality: DMD affirms that our designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Delays: Illness, injury, or other events beyond DMD’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, DMD fails to complete the design project by the agreed deadline. If agreement is terminated by the client for any reason other than failure to deliver by the agreed deadline, DMD shall retain the deposit.
Performance Liability: DMD does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the design is with client. In no event will DMD be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the design, even if DMD has been advised of the possibility of such damages.