Terms of services
These are my terms of service for any logo design project. Read them carefully, and if anything seems problematic, let me know before the project begins and we can discuss changes to your project.
PAYMENT
Deposits, final payment and delivery
I reserve the right to request a 50% deposit before starting work on your project. If a deposit is requested, an invoice will be generated and emailed to you. Payment is expected within 15 days of issue. By paying a deposit, you agree to these terms of service and enter into a contract with Jay BARAMBLE (Jeebee Design™).
I will invoice the remaining cost of the project and associated services before any logo files are released or final exported. I reserve the right to withhold delivery until payment has been received in full.
I reserve the right to invoice the remainder of your service as soon as the work carried out exceeds the amount of the deposit if you have not been reachable or if you have not responded for more than 30 days resulting in an inability to finish the project.
You may reserve the right to request a payment plan which may be accepted at my discretion. All payment plans must be agreed in writing between both parties.
I reserve the right to charge you for any costs incurred in initiating collection and collection processes for accounts that remain unpaid for more than 30 days.
FONTS AND PRINTS
License for fonts or characters used
All fonts/types purchased for the final logo and/or brand identity elements are subject to trade license laws. A font/typeface license only gives the owner full rights to use the font/typeface as needed.
In my initial overview of the concepts, I will provide information on the typefaces used and where they can be acquired. It is the client's responsibility to acquire all necessary font licenses (paid or unpaid), so please take this into account when approving designs.
It is illegal for me to provide a customer with a "copy" of a font or typeface that I own and have personally purchased.
If you want to use a copy of a font or character that I have purchased, for commercial purposes, you must purchase the corresponding license and register it in your name.
Typically, a font used in a logo doesn't need a license because the graphics are converted to vector artwork and can no longer be edited. However, if you need a font to use in your own artwork for publishing purposes, such as on a website or in a print presentation, you will need your own license by purchasing a license from office.
You can usually find them on the sites:
Fontspring
Dafont.com
MyFonts or Fonts.com
Character network
RESTRICTIONS
Restrictions on signing this agreement
These Terms of Service do not give you any rights or permission to use/modify/alter/reproduce or borrow any of the previous ideas/concepts/sketches I present. All original prep materials, sketches, visuals and unused ideas shown and considered will remain the property of Jay BARAMBLE (Jeebee Design™).
I am free to use these unused and prior ideas for future concept and client work. Where a previously unused idea/design retains a similar look and style to the finished logo, I will redesign and style it so that the final design is different enough not to create conflict.
Unless otherwise agreed and arranged, I reserve the right to feature the finished logo and associated designs in my portfolio and in any number of online galleries/portfolios/showcases/awards, as well as in printed literature, including books and magazines now and in the future. Related designs and artwork may include the design of business prints, business cards, stationery, signs, desktop icons, icons and images for mobile phones and other portable devices.
ANY artwork and design required by this project may be used as directed by myself for personal and professional purposes.
You are free to change, modify and adapt the finished logo as you see fit, but you do so at your own risk.
OWNERSHIP AND COPYRIGHT
All preparation material, sketches, visuals, including electronic files used to create the project remain the property of Jay BARAMBLE (Jeebee Design™). Final artwork/digital files will become your property ONLY upon final payment for the project.
If final payment is not received as agreed, all designs and concepts will remain the property of Jay BARAMBLE (Jeebee Design™) until payment is received.
If there are any issues with final payment, I reserve the right to reuse or modify any of these ideas for other clients, or be used freely as concepts in my portfolio.
If the client attempts to use/modify/alter/reproduce or steal any of my ideas without making the agreed final payment, I will immediately take legal action.
BRAND NAME
You take full responsibility for ensuring that your company/product/name is legally free/available before work begins. If a legal issue arises with the name after the project is completed, no refunds are possible, and I am not legally responsible for any resulting issues.
Please ensure that the name you use is free and safe to use legally before committing to a logo project. Mid-project name changes are exceptionally expensive, difficult to implement, and lead to significant delays.
If a name change is required midway through a project, when significant logo exploration work has already been presented, I will have no choice but to recalculate the total cost of the project, in order to take into account the additional workload required. Please ensure that the name you use has been appropriately checked, is not being used by anyone else, and/or is not infringing on another trademark, name business, etc.
CANCELLATION
Cancellation during the project
If you choose to cancel the project halfway through, when ideas and proposals have been submitted, a refund of the previous payment is not possible. However, depending on the work done and the overall budget, some of the funds may be returned.
If I fall ill or am unable to complete the project due to unforeseen circumstances, part of the overall budget will be refunded. In most cases, the full amount will be refunded. If the work done so far can be used by another designer, a percentage will be refunded based on the work done or any other reasonable suggestions will be considered.
Project suspension
I reserve the right to suspend any project for interference with excessive micro-management, demonstration of continued lack of confidence, and inability to move forward after showing more than a reasonable number unique logo ideas/concepts, and/or showing reluctance to pay final payment.
Reasonable notice will be given with a fair chance to remedy the situation without resorting to suspension or termination of the project. Any suspension or termination will not give rise to any reimbursement and all concepts and works thus developed will remain the full and entire property of Jay BARAMBLE (Jeebee Design™).
Force Majeure
In the event that I fail to perform any obligation under these Terms of Services due to an act of God or government, act of terrorism, riot, war, accident or lack of material or transportation or any other cause of any kind beyond my control, such failure will not be considered a violation of these terms of use, provided that you are informed of the existence and nature of the reason for my non-performance and delay, and that I resume performance immediately after the end of the force majeure in question.
LIMITATION OF LIABILITY
Loss or damage
You agree and accept that Jay BARAMBLE (Jeebee Design™) is not legally responsible for any loss or damage suffered or incurred in connection with the use of any of my services, whether modifications, errors or omissions in materials, designs, information, or any goods or services offered by me. This includes your use of or reliance on third party content, links, comments or advertisements. Your use of or reliance on any information or materials produced, modified or designed by me is entirely at your own risk and I cannot be held responsible for it.
You acknowledge that such information and materials may contain inaccuracies or errors and expressly exclude the liability of Jay BARAMBLE (Jeebee Design™) for such inaccuracies or errors to the fullest extent permitted by law.
I affirm that all designs presented to you will be original and, to the best of my knowledge, will not infringe/plagiarize any other work. I will carry out limited checks to ensure that my work has not unintentionally infringed another's design, including limited checks against the WIPO database and reverse image checks against search engines. However, I take no legal responsibility for any loss or damage suffered or incurred related to legal issues regarding the originality or authenticity of my work. You agree to perform your own checks and due diligence regarding plagiarism and originality. If you have any doubts, please discuss them with me before you start working.
