Terms of serviceOctober 8, 2020 2020-11-06 10:32
Terms of service
Terms of services
1. The signing of this Contract, and its subsequent return to the Designer, shall
imply its acceptance and shall constitute the order for the start of the agreed
Design. Therefore, a subsequent cancellation of the order to carry out the agreed
Design shall entail payment of the amount of the work carried out up to the date
of cancellation. No matter if the client does not want to use such a design. The
payment will be released on the phase that we are.
2. The Designer undertakes to carry out the design agreed with the Client, in accordance with the provisions of this Contract, and to deliver it on the agreed
date, starting from the time when the first pay is done and all the information
and documentation necessary for the execution of the said design has been obtained.
3. The Client is obliged to provide at all times the information and documentation
requested by the Designer for the effective development of the Design and authorizes the Client, to provide such information or documentation on its behalf
and give the instructions it deems appropriate to the Designer for the execution
of the Design.
4. The budget attached to this Agreement will be valid for two (2) months from
its communication to the Client. Once this term has elapsed due to causes
beyond the control of the Designer, or attributable to the Client, the Designer
may revise the quotation, making a new one, which will add the increments that
would result, but maintaining the same valuation criteria applied in the first quotation. In the event that the Client does not accept the new quotation, the Designer may terminate the Contract and the Client shall be obliged to pay the
amount of the expenses incurred and the work carried out up to that time, the
latter being increased by 10%. The project can be extended up to 2 more weeks
due to external causes, but later for each extra week, a commission of $30 will be
5. This quotation does not include any additional work that may result from changes in the Client’s approach to its preparation. Consequently, any change in the content of this assignment may imply a revision of the quotation by the Designer, who will make a new one to which he will add any increases in the amount that have occurred or may occur, but maintaining the same assessment criteria used in the first quotation. If the Client does not accept the new quotation, the Designer may terminate the contract and the Client will have to pay all the expenses paid by the Designer plus that of the work carried out up to that moment, the latter being increased by 10%. No matter if the client does not want to use such a design.
6. If, for any reason beyond the control of the Designer, it is not possible to continue with the production of the Design, this Contract shall be terminated and the Client shall be obliged to pay the costs incurred and the amount of the work done up to that time. If the impossibility to continue is due to any cause attributable to the Designer himself, the Contract shall also be terminated, and the Client shall likewise undertake to pay the expenses incurred and the amount of the work performed up to that time but with a deduction on the last amount of 10%.
7. The Designer undertakes not to provide any information about the Design to
third parties, except for information that the Designer should provide to his/her
collaborators. Furthermore, the Client undertakes to keep confidential and not to
provide any information about the Design to third parties until the agreed price
has been fully paid.
8. Unless otherwise agreed in writing, the Designer shall hold the ownership of
the industrial property of the Designs made, assigning exclusively the rights of
exploitation (but not the ownership), of the Designs made by virtue of the present Contract for a period of five (5) years, as from the delivery of the sketches and originals of the Design, requiring the assignment to third parties of the rights of exploitation of the prior written consent of the Designer.
9. The Client undertakes to collaborate as far as possible with the Designer to
ensure that the intellectual property he holds over the Design is respected.
10. Whenever possible the name of the Designer should appear in a prominent
and preferential place, in all types of promotion and support of the Design. In this
regard, the Designer shall provide the Client with all the necessary material to
identify him/her as the author of the work.
11. Unless otherwise agreed in writing, the sketches and originals of the Design
are the property of the Designer. Sketches and originals that are not accepted by
the Client shall be returned to the Designer, at the Client’s expense.
12. Unless otherwise agreed in writing, the sketches and originals of the Design
are the property of the Designer. The Designs submitted and not accepted by the
Client entail the waiver of any rights that may be held over them, remaining at
the disposal of the Designer, who is their author, who may use them as he wishes
or as he sees fit.
13. The Client undertakes to treat the Design prepared by the Designer with all
due respect, whether it be the draft or the final design, and undertakes not to
modify or distort it, and if so, he shall be liable for any damages caused to the
14. The Client accepts the obligation to review the Design prior to commencing
any process for the reproduction, use, dissemination or printing thereof, and releases the Designer from any liability for any errors or defects in the Design which have not been claimed prior to such process.
15. This estimate does not include any taxes or tributes derived from this operation, which, in any case, will be charged to the Client.
16. The Designer may retain the copies of the Design delivered to the Client free
of charge and may use them for exhibition, advertising or personal promotion,
without the need to notify the Client in advance.
17. The signatories submit, for any litigation that may arise from this Contract, to
the jurisdiction of the Courts and Tribunals of the city of Barcelona, with express
waiver of their own jurisdiction if they have one.
18. Payment conditions: The Client agrees to pay the fees for this work before
each phase under the following conditions: Transfer through PayPal. In proof of
acceptance of this Contract, the grantors sign, in the place and on the date indicated in the estimate.