Terms of Service for Design and Branding Services.

Effective Date: 11th August 2024

1. Introduction

Welcome to the Terms of Service (TOS) for the design and branding services provided by Tony Hughes | Tony Hughes Design (“we,” “us,” or “our”). These terms govern your use of our services and outline the conditions under which we provide design, branding, and related services (“Services”). By engaging our Services, you (“Client”) agree to these terms in full. If you do not agree with these terms, you must not use our Services.

2. Services Offered

Design Services: We offer a range of design services, including but not limited to logo design, website design, business card design, and other graphic design services.
Branding Services: Our branding services include brand strategy, identity creation, marketing collateral design, and other related services.
Custom Services: We may also provide custom design and branding services upon request. These will be subject to additional terms as agreed upon between us and the Client.

3. Intellectual Property Rights

3.1. Ownership of Work

Designer’s Rights: All designs and concepts created by us remain our property until full payment has been received. Upon full payment, the Client will receive ownership of the final design files as specified in the project deliverables. However, we retain the right to use the work in our portfolio, marketing materials, and for self-promotion unless otherwise agreed in writing.
Moral Rights: We retain the right to be credited as the original creator of the work. Any alterations, modifications, or derivatives of the work made by the Client must not remove or obscure our credit as the original designer.

3.2. Licence to Use

Limited Licence: Upon delivery and full payment, the Client is granted a non-exclusive, non-transferable, perpetual licence to use the final designs for the intended purpose as outlined in the project scope. This licence does not grant the Client ownership of any design elements or source files that were not included in the final deliverables.
Commercial Use: The Client may use the designs for commercial purposes, such as marketing, advertising, or resale, only if explicitly stated in the project agreement. If the project does not include a commercial use licence, the Client must obtain additional rights before using the work commercially.
Third-Party Assets: Any third-party assets (e.g., stock images, fonts) used in the design are subject to their respective licensing agreements. The Client is responsible for ensuring they have the necessary licences to use these assets.

4. Payment Terms

Project Fees: The fees for our Services will be outlined in the project proposal or invoice. A 50% down payment of the total project cost is required before work begins to secure our services. The remaining balance is due upon completion and before the delivery of final files.
Payment Methods: We accept payments via traditional methods such as bank transfer and credit card, as well as cryptocurrency payments, including Bitcoin, Ethereum, and Polkadot. All payments must be made in Fiat Currency or Cryptocurrency.
Late Payments: If payment is not received within the specified time frame, we reserve the right to charge a late fee of [Percentage]% per month on the outstanding balance. We also reserve the right to suspend work or withhold deliverables until payment is received.

5. Revisions and Approval Process

Revisions: The project includes 3 rounds of revisions. Additional revisions beyond this will be billed at our hourly rate of €100 per hour. Revisions are limited to the scope of the original project and do not include changes to the overall concept or major redesigns.
Approval: Final approval of all deliverables must be provided by the Client in writing. Once approved, any further changes will be considered new work and will be billed accordingly.

6. Client Responsibilities

Provision of Materials: The Client agrees to provide all necessary content, materials, and information required to complete the project in a timely manner. Delays in providing this information may result in delays in the project timeline.
Feedback: The Client agrees to provide constructive feedback and approvals in a timely manner. Failure to do so may result in delays or additional charges.

7. Confidentiality

Confidential Information: Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the project. This obligation extends beyond the completion of the project and remains in effect indefinitely.
Publicity: We reserve the right to use the Client’s name and project in our portfolio, website, and marketing materials unless otherwise agreed in writing.

8. Termination and Cancellation

Termination by Client: The Client may terminate the project at any time by providing written notice. However, the Client will be responsible for payment for all work completed up to the point of termination, including the non-refundable 50% deposit.
Termination by Designer: We reserve the right to terminate the project if the Client fails to meet their obligations, including failure to provide necessary materials, feedback, or payment. In such cases, the Client will be billed for work completed up to the point of termination.

9. Limitation of Liability

No Warranty: Our Services are provided “as is” without any warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Liability Cap: Our total liability for any claims arising out of or related to this agreement shall not exceed the total amount paid by the Client for the Services.
Exclusion of Damages: In no event shall we be liable for any indirect, incidental, special, or consequential damages, including loss of profits, arising out of or related to this agreement or the use of the Services.

10. Dispute Resolution

Governing Law: This TOS shall be governed by and construed in accordance with the laws of Latvia, without regard to its conflict of law principles.
Dispute Resolution: Any disputes arising from or related to these terms shall be resolved through negotiation in good faith. If a resolution cannot be reached, the parties agree to submit to mediation or arbitration in Latvia.
Jurisdiction: Both parties agree to submit to the exclusive jurisdiction of the courts located in Latvia for any disputes arising out of or related to these terms.

11. Amendments

Changes to Terms: We reserve the right to amend these TOS at any time. Any changes will be posted on our website, and the Client will be notified via email. Continued use of our Services after any such changes constitutes acceptance of the new terms.

12. Severability

Severability: If any provision of this TOS is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Entire Agreement

Entire Agreement: This TOS, along with any project proposals, invoices, and written agreements, constitutes the entire agreement between the parties and supersedes any prior agreements, whether written or oral.

14. Contact Information

For any questions, concerns, or further information about these Terms of Service, please contact us at:

Email: info@tonyhughesdesign.com