Terms and Conditions
TERMS + CONDITIONS
These terms and conditions are an offer (“Offer”) by Artist name/registered trade name (“The Modern Design Company“) to the Client listed above (“Commissioner”) made on (date of contract) for The Modern Design Company to provide creative work (“Work” – as described above) as requested by Commissioner. Once the Downpayment has been received, Commissioner agrees to the terms stated below.
1. Work. Commissioner retains The Modern Design Company to create the work listed above. Work includes only the final, deliverable art, and not any preliminary work or sketches. Commissioner receives a three revision limit on all Work. If Commissioner is not satisfied after the three revisions, The Modern Design Company will charge $20 per additional revision per design as the Commissioner requests.
2. Price and Delivery. The non-refundable downpayment for Work is [DEPENDING ON ITEM]. ALL Booking downpayment fees are non-refundable. If commissioner agrees on continuing work after seeing mockups and pays the service downpayment fee, this fee is non-refundable. ALL Graphic Design fees are non-refundable, there are absolutely no refunds. It is up to the Commissioner’s responsibility to cancel Work before ANY downpayment is made. Payment should be made in the method and manner specified by The Modern Design Company. Downpayments will not be received by any other method. Work is to be delivered no later than [3-14 BUSINESS DAYS] unless directly stated otherwise, but Commissioner agrees that the date of delivery is not material to this Agreement. No finalized artwork files will be delivered until balance is fully paid off (the following does not apply to Payment Plans. See 4.1 Payment Plan Cancellation for more information). Commissioner has 7 days to fulfill balance invoice - after that, there is a 30% interest fee added onto the remainder of the payment not received. There are absolutely no refunds after the Work has been finalized and the final payment has been received. If there is a failure for the Commissioner to pay the final balance of the invoice, Work will not be released and The Modern Design Company retains all rights to all mockups, copies, and images of Work.
2.1 Website Designs. In the case of website designs, upon receiving the initial downpayment and website content (page content, photos, logos, color schemes, etc), a mockup will be created to show the Commissioner The Modern Design Company’s vision for the Commissioner’s website design. There will be 3 major revisions to this mockup. The mockup will be created on a private domain owned by The Modern Design Company and will not be released to the Commissioner until the final payment is made. Afterwards, there is a $20 additional revision charge. At this time, the Commissioner must explicitly mention that they would not like to continue work with The Modern Design Company if they believe The Modern Design Company did not meet the Commissioner’s needs after the 3 major revisions. There are no refunds for service downpayments for website designs. Before the Commissioner receives the final website, the rest the invoice for the website design must be received. Once received, the final production of the website design (implantation of the actual design to the Commissioner’s domain) will begin. If the Commissioner fails to mention that they would no longer like to work with The Modern Design Company after receiving the mockup and final revisions, and the final payment is made, and the final website design is produced and implanted to the Commissioner’s domain, there are absolutely no refunds. See 4. Cancellation, and Expiration for Commissioner being unsatisfied with Work and requesting a refund.
2.2 Graphic Design. Commissioner agrees that ALL payments towards Graphic Design Work is non- refundable for ANY reason. All fees are a one time fee to be paid in full after signing of this contract to ensure proper compensation of our designers. See 4. Cancellation, and Expiration for Commissioner being unsatisfied with Work and requesting a refund.
2.3 Squarespace Templates and Complimentary Installation. All template sales are final and are not eligible for a refund under any circumstance. Complimentary installation includes uploading all the demo content included in the template only. Complimentary installation does not include blog migration, page content addition, branding, logo design, color theme change/design, or custom work. After the installation, The Modern Design Company will go on a Skype call with the Client to review how to make changes to their Squarespace site and personalize it further. If the Client requests for The Modern Design Company to customize the website outside of the demo content in the template, the Client agrees to pay for work billed weekly at a rate of $50 per hour. Any work billed to the Client is non-refundable. If payment is not received by the Client for the work done within that week, the Client risks deletion of the new content/custom work on their website until the bill is satisfied. All bills must be satisfied the day they are due for custom work. There are absolutely no exceptions and it is not up to The Modern Design Company to send notifications prior to the due date. The “Designed by The Modern Design” tag in the footer may not be removed by the Client on any template designs. If it is removed, the Client risks a $100 fee for breaching this contract.
3. Grant of Rights. The Modern Design Company will use Work in The Modern Design Company’s portfolio (including, but not limited to, any website that displays The Modern Design Company’s works). Commissioner and The Modern Design Company agree to always properly identify The Modern Design Company as the creator of Work. The “Designed by The Modern Design” from the designs. Commissioner must not remove footer of the website or from any mislead others that Work was created Company. Draft files of artwork are property Commissioner may not seek to by anyone other than The Modern Design of The Modern Design Company, and shall not be used in any matter or posted onto Social Media. That is considered a breach of contract, and will cause Commissioner to forfeit project without any refund for any payments made.
4. Cancellation, and Expiration. The downpayment for Work is non-refundable under no circumstances. However, in the event of the Commissioner being unsatisfied with Work, The Modern Design Company may grant the Commissioner Store Credit of the same cost to be transferred and applied to one other service. If Commissioner nonetheless does not want or refuses to receive Work, The Modern Design Company may decide whether or not to complete Work, and will exclusively retain all rights to Work. Commissioner will, in no way, post or display Work by the The Modern Design Company in any way if Commissioner decides to cancel the service for Work at any time during the Work process. If at any time there is no contact between Commissioner and The Modern Design Company for 7 days, the project is forfeited and there is absolutely no refunds for any reason if there is no communication or the Commissioner cancels the project. Commissioner also agrees that The Modern Design Company is able to cancel Work after attempting to inform the Commissioner of the cancellation of the project at any time. If final payment is not received within 7 days, and no contact between the Commissioner and The Modern Design occur, the project will be forfeited with no refund. If, after 7 days, the Commissioner decides to submit the final payment, there will be a 20% surcharge.
4.1 Payment Plan Cancellation. All payments sent towards the payment plan are non-refundable and are not eligible for a refund under any circumstance. The Client is legally obligated to fulfill payment plans and submit their final payment regardless of situation. If the Client feels that they are not able to fulfill the final balance for their payment plan, a one month halt of payment is acceptable. After one month, the Client may continue payments as previously directed. However, a 30% late-fee will be added on to each additional payment missed or deliberately ignored. Payments are expected to be paid on the due date. There are absolutely no late payments with or without communication prior. Late payments are subject to a 30% late-fee. We will pursue any Client who refuses to submit payment in court, and we own all rights to our work until the final payment is submitted and the balance is finalized. In the event a client refuses to fulfill their balance and submit payments, we have the right to seize all Work which includes taking down the Client’s website, seizing all graphics, and reporting them for fraud on any networks we see our Work used on.
4.2 Project Cancellation by the Artist. Commissioner is eligible for a partial refund if and only if the Artist cancels a project that is below 50% completed. Completed means the work was sent to the Commissioner for approval and review. 50% constitutes the 3rd design day which is Logo Revisions & Logo Variations. See 2 Week Design Process pdf for a daily calendar of our design days. The refund will be exactly half (50%) of the previous invoice amount submitted. Commissioner is not eligible for a refund if the Artist cancels the project based on no communication for 7 days (see 4. Cancellation, and Expiration). If the Commissioner pays up front in full, they will be eligible for a 50% refund if the Artist cancels a project that is below 50% completed. If the project is past 50% completion and the Commissioner has paid in full, the artist is not obligated by any means to refund any amount.
5. Show Case of Work by the Artist. The Commissioner agrees for The Modern Design Company to showcase any and all work completed by The Modern Design Company on The Modern Design Company’s portfolio unless The Modern Design Company receives explicit instructions not to show case the work by the Commissioner. Commissioner also agrees for the Artist to show case Commissioner’s logo underneath “Brand’s We’ve Worked With”.
6. Limitation of Liability. Commissioner agrees that The Modern Design Company will not be liable for any damages (including, but not limited to, incidental or consequential damages), that arise from The Modern Design Company’s performance of this commission (including, but not limited to, failure to perform in a timely manner, domain, hosting, email issues relating to the transfer or creation of a new domain or host regardless of whether the failure was intentional or negligent.). Commissioner agrees that this item is considered an INTANGIBLE GOOD in Paypal’s User Agreement and IS NOT covered under Paypal Buyer Protection. Contract is considered void after 2 weeks of no communication between the Commissioner and The Modern Design Company. Commissioner also agrees that The Modern Design Company is able to cancel Work after attempting to inform the Commissioner of the cancellation of the project at any time. Commissioner agrees that this is a BINDING CONTRACT and may be upheld in the court of law upon signature.
7. Chargebacks. Chargebacks are an inappropriate response to receive a refund from a digital service. Before a situation escalates to a chargeback, be sure to research and understand our services, why they are charged as such, and our Terms & Conditions. To protect ourselves from doing work without proper compensation, we cannot produce refunds. Therefore, it is up to the Commissioner to fully under their service and the cost associated with their service. Work begins immediately after receiving payment. To fight against chargebacks, we will ask for your address and security code on your card to verify. In the event of a chargeback, we will send all mockups, Work created, e-mails, and communication to verify that the Work had begun and was in place. If necessary, The Modern Design Company will pursue legal action over any chargeback filled. The Modern Design Company has already pursued one case against a chargeback.
7.1 Paypal Disputes. In the event of a Paypal dispute, Commissioner agrees that Work is considered
an INTANGIBLE GOOD in Paypal’s User Agreement and IS NOT covered under Paypal Buyer Protection. A dispute will not be tolerated, and we close the dispute immediately. Again, before a situation escalates to a Paypal dispute, be sure to research and understand our services, why they are charged as such, and our Terms & Conditions. To protect ourselves from doing work without proper compensation, we cannot produce refunds. Therefore, it is up to the Commissioner to fully under their service (Work) and the cost associated with their service (Work).
8. Workshops. All workshop ticket fees are non-refundable. There are absolutely no re-funds for any reason including emergencies where the attendee cannot attend. Workshop dates may be moved to another date depending on the weather, but there are no refunds for inclement weather. Ticket price does not include additional collateral materials such as a Squarespace subscription, domain registration, and Adobe Photoshop subscription. We require that all attendees take their creative research assignment seriously. Prior to attending the workshop you must fully complete our website questionnaire by writing out all website wording/content, create a Pinterest board, and build your base template with our video tutorial instructions. We will guide you every step of the way. We are not able to design and launch an amazing site with you if there are missing pieces. Your content is such a vital part of the overall design. All homework is due two weeks before the workshop. Any late homework incurs a $150 late fee and may affect your ability to participate the day of the workshop.
Last updated 12/28/2016
The “Designed by The Modern Design” tag in the footer may not be removed by the Client on any template designs. If it is removed, the Client risks a $100 fee for breaching this contract.