Effective March 15, 2017

Terms of Service

Please read the below terms of service thoroughly before accepting the design project estimate. These are the terms of the agreement between the designer (Chelsea Simmons) and the client ("You").


Payment

Deposit & Final Payment
Full payment is preferred upfront; however, a minimum of 50% deposit is required to commence the project. The final balance is required at the completion of the project, unless otherwise negotiated. Once the balance is paid and processed, requested digital files will be released. Only when the balance is paid in full will full rights be transferred.


Payment Required to Secure Project
A project will only commence once full payment or a deposit is paid and processed. If there are delays at this point in the process, other projects may be added to the schedule ahead of yours, and an updated deadline will be proposed.


Cancellations

Cancellation During the Project
If you choose to cancel the project after ideas and proposals have been submitted, a full refund of previous payment is not possible. However, depending on the work completed and overall budget, a portion of the funds ‘may’ be returned. 

If I am unable to complete the project due to unforeseen circumstances, a portion of the overall project fee will be returned, based on work completed. In most cases the complete amount will be refunded.


Project Suspension
I reserve the right to suspend any project if a client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique design ideas/concepts, and/or shows reluctance in paying the final payment.

Fair notice will be given with reasonable opportunity to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of Chelsea Simmons.


Ownership

Font & Typeface Licensing
Any fonts/typefaces that are purchased for the final design are subject to commercial licensing laws. A font/typeface license gives the owner full rights to use the font/typeface as necessary.

If a commercial font/typeface is suggested and approved for use in the design, a license must be purchased and/or registered to the client before the project is finalized. Any font/typeface must be purchased and licensed by you, or on your behalf. If you wish me to facilitate the purchase and registering of any font on your behalf, I will add the cost to the final invoice.

It is against the law for me to provide you with a ‘copy’ of any font/typeface that I own, and have personally purchased.


Ownership & Copyright
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of Chelsea Simmons. The final artwork/digital files will become the property of the client mentioned in this proposal upon final payment of the project.

If final payment is NOT received as agreed, and set out in the initial proposal, all designs and concepts will remain the property of Chelsea Simmons until payment is received.

If there are issues with final payment, I reserve the right to reuse or amend any of these ideas for other clients, or to be used freely as concepts in my portfolio.

Chelsea Simmons reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This can be during the project, and also on completion. If you have any specific nondisclosure requirements, please mention this prior to signing or accepting the design estimate.

Final payment ensures that ONLY the final, approved design becomes the client's property. 

Any previous ideas/concepts remain the property of Chelsea Simmons, unless a prior agreement has been made.


Brand Naming for Logo-specific Projects
The client takes full responsibility for ensuring that the company/product/name is legally free/available before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible, neither am I legally responsible for any problems thus arising.

If a change of name is required mid-project, and significant logo exploration work has already been presented, project costs will be reassessed and proposed to allow for alterations. 


If you are unhappy about the progress of the project or feel we are not finding an appropriate angle, please discuss this with me. It is crucial that we are both completely clear about the objectives and benchmarks before commencing. I can be reached by email or phone.

By accepting the design service estimate sent by Chelsea Simmons, you are agreeing to the above terms of service. If you have any questions or concerns, please contact me at chelsea@tuesdaygracedesigns.com.