Terms of serviceOctober 8, 2020 2023-05-17 13:46
Terms of service
Terms of services
The Designer and the Client, who, from now on, may be referred to individually as the “Party” and jointly as the “Parties” mutually recognize the necessary legal capacity to Contract and be bound, especially for the granting of this DESIGN CONTRACT.
That the Designer is engaged in the following activity:
That under the foregoing, the Designer has the necessary knowledge and means to carry out the design activity that the parties wish to agree on.
That the Client wishes to develop a naming, brand identity, brandbook, and label design collection (hereinafter, the “Design”), with a series of specific characteristics and functionalities that have been communicated to the Designer and that will be detailed in the annex to this Contract.
That following the specificities and characteristics requested by the Client to develop the desired Design, the Parties have negotiated and accepted a budget and a work plan for the development of said Design.
That, under the foregoing, the Designer wishes, freely and spontaneously, to undertake to design and structure the Design following the Client’s instructions. An operation that the Parties wish to formalize through this Contract, which will be governed by the following stipulations.
FIRST. The object of the Contract.
Through this Contract, the Designer undertakes to prepare and implement the Design in favor of the Client within the term established in this Contract.
In this way, the Designer will create a personalized Design, following the budget and the technical documents negotiated between the Parties before the signing of this Agreement. Which one may be enjoyed by the Client under the conditions outlined in the provisions of this Agreement.
SECOND. Delivery term.
The Designer and the Client undertake to deliver the work(s) or necessary documentation object of this Contract on the following date/s: The project lasts nine weeks.
THIRD. Price and method of payment.
The Client will satisfy the Designer with the amount of XXXXX USD
Payment method: The payments will be made by PayPal.
The total budget will be divided into the project phases, and the Designer will request from the Client, the payment corresponding to each phase before starting each of them.
That means X payments of XXXX .
FOURTH. Default interest.
Any delay in the payment of the remuneration established for each phase of the project in this Contract will lead to the freezing of the project so that no more phases of the project will start until the payment of the new phase has been released to start.
Therefore, it should be noted that any delay in payment on any phase of the project WILL NOT give rise to a price increase equivalent to the default interest generated by the delay.
The Designer maintains all of the so-called moral rights over the work(s) subject to this Contract. This implies the following obligations for the Client:
- Consign in the publication of the work(s) the name (or, if desired, the pseudonym) of the Designer.
- Do not modify the work(s) without the consent of the Designer.
The Client acquires, solely and exclusively the economic rights concerning the publication of the work(s) subject to this Contract. So how the reproduction and dissemination of it through the Internet. And the reproduction of the work(s) subject to this Contract in any other different publication, even if it isn’t owned by the Client.
The Parties agree to follow the Universal Copyright Convention of 1952 and Berne Convention for the Protection of Literary and Artistic Works 1896.
SIXTH. Term of execution or development of the Design.
The Contract will enter into force on the date indicated in the upper part of this Contract. The Designer must carry out the development of the Design following the deadlines established in the budget.
The delivery time of each phase and the number of revisions will be those established in the budget timeline. The last Fridays of each phase are only phase closing days, with the purpose of expediting the team’s work and avoiding delays in the phases that would affect the project deadline.
The Client undertakes to collaborate and provide all the necessary material and information to the Designer to be able to develop the Design following the deadlines established in this Stipulation.
Parties agree on the following terms:
- Phase: A period of bidirectional work between the Client and Designer with a specific duration that will be included in the project budget’s timeline. This means that a phase is a specific period of time during which the Client and Designer work together on a particular aspect of the project, such as creating a design concept or developing a prototype. The duration of the phase is pre-determined and included in the overall project budget’s timeline. During the phase, both the Client and Designer will have input and participate in the work being done, ensuring that the final result meets their expectations and requirements.
- Unfinalized phase: A phase that is still in progress and has not been fully completed or has not met the criteria for being considered finalized. It could also refer to a phase that has been started but not yet delivered or validated by the Client.
- Finalized phase: A phase in which the duration time has been completed and the relevant materials or design proposals for the phase have been delivered, if required, and validated by the Client. A phase will be automatically considered finalized after 7 calendar days from the closing date of the phase or after the payment of the next phase.
Claims are accepted once the project is all finished and after its final payment. A maximum period of 7 calendar days will be estimated for the full or partial claims of the money deposited in Eva Hilla Studio. After this time, no refund will be paid or agreed upon.
EIGHTH. The duty of secrecy and confidentiality.
The Parties undertake that the development of this Contract is governed in the strictest confidentiality, respecting the duty of diligence and professional secrecy. Therefore, both Parties undertake not to disclose any information related to this Agreement.
In particular, the Designer undertakes that all the information or documentation provided by the Client or to which the Client has access for any reason, directly or indirectly, will be used solely to serve the fulfillment of the provision of the services subject to this Contract and, in any case, to be provided respecting the principles of good faith, diligence, and the duty of secrecy.
Consequently, you may use the information obtained in the exercise of the provision of services, provided that it can favor them.
Once the project has been completed and in order to document a success story, the Client authorizes the Designer to make copies, record, reproduce, and make available to third parties and collaborators the information or documentation received from the Client, directly or indirectly. All the details are at https://evahilla.com/privacy-policy/.
Likewise, the Client authorizes the Designer to use this success story in advertising campaigns, transferring images and documentation necessary to carry out what has been established.
- The signing of this Contract, and its subsequent return to the Designer, will imply its acceptance and will constitute the order to start the agreed-upon Design.
The cancellation at any date after the acceptance of the Contract will entail the payment amount for work carried out up to the date of cancellation, plus 20% of the total budget, regardless of the Client’s decision to use said design. Said payment will be released during the phase that elapses at the time of cancellation.
- The Designer undertakes to carry out the design agreed upon with the Client under this Contract’s provisions and deliver it on the agreed date.
- The Client is obliged to provide at all times the information, documentation, and materials requested by the Designer for the effective development of the Design. The content and supervision of the texts integrated into the Design will always be the Client’s responsibility.
- The budget attached to this Contract will be valid for two (2) months from its communication to the Client. After the said period has elapsed for reasons beyond the control of the Designer or attributable to the Client, the Designer may review the quote and make a new one.
- This estimate does not include any additional work other than that described in it. If the Client requires any extra work, this will be paid separately at an amount of $200 per extra week.
- If, for any reason beyond the control of the Client, it is not possible to continue with the production of the Design, this Contract will be terminated and the Designer agrees to:
- The Client shall be entitled to a refund for project cancellation if the phase has not been finalized as specified on sixth stipulation of this Contract.
- If the Designer decides to cancel the project before the commencement of a new phase and the Client has already made the payment, the Designer shall refund 100% of phase payment made by the Client.
- The refund shall be made within 30 days of the cancellation of the project.
- The Client acknowledges and agrees that the refund policy outlined in this clause represents a fair and reasonable compensation in case of project cancellation by the Designer.
- Due to the complexities of international copyright and trademark laws, Eva Hilla will not be liable if the Client is found to be infringing an existing copyright, trademark, plagiarism, or service mark in connection with the project name, description, or service. All Artwork and Designs created during the duration of the project are original works protected by copyright. Likewise, the Designer agrees to follow international copyright laws, and not harm the Client’s brand or project, always providing genuine and original work.
- The Designer undertakes not to provide any information about the Design to third parties, except for the information that the Designer must provide to its collaborators. Likewise, the Client undertakes to maintain confidentiality and not provide any information about the Design to third parties until the agreed price has been paid in full.
- The Designer may keep the copies of the Design delivered to the Client free of charge and may use them for exhibition, publicity, or personal promotion, without the need to notify the Client in advance.
- The signatories submit, for any dispute that may arise from this Agreement to the jurisdiction of the Courts and Tribunals of the city of Barcelona, expressly waiving their own jurisdiction if they have it.
In proof of acceptance of this Contract, the grantors sign, in the place and on the date indicated in the budget.