Terms of service
Here are my standard terms of service for any design project. Take a good look, and if anything stands out as a concern, let me know before we get started so we can talk through any adjustments that might be necessary for your specific project.
Deposits, final payments and delivery
I reserve the right to require a deposit of 50% of the total project cost before commencing work. If a deposit is required, an invoice will be issued via email, and payment must be made within 30 days. By submitting the deposit, you acknowledge and agree to these Terms of Service, thereby entering into a binding contract with Diana Jermann Graphic Design.
The remaining balance of the project, including any additional agreed-upon services, must be paid in full before the release of final logo files or project deliverables. I reserve the right to withhold delivery of all final assets until full payment has been received.
If you are uncontactable or unresponsive for more than 30 days, I reserve the right to issue an invoice for the outstanding balance earlier than originally scheduled.
You may request a payment plan, which I may accept at my sole discretion. Any payment plan must be agreed upon in writing by both parties before taking effect.
All payments are due within 30 days of the invoice date.
If payment remains outstanding beyond 30 days, I reserve the right to charge for any costs incurred in the collection and recovery of the unpaid amount, including but not limited to legal fees, collection agency fees, and administrative costs.
Licensing of any used fonts or typefaces
Any fonts/typefaces that are purchased for the final design, and/or supporting brand identity assets, are subject to commercial licensing laws. A font/typeface licence gives only the owner full rights to use the font/typeface as necessary.
In my initial presentation of concepts, I will provide information of the typefaces used and where they can be acquired. It is the responsibility of the client to acquire any necessary font licenses (paid or unpaid), so please bear this in mind when approving designs.
It is against the law for me to provide any client a ‘copy’ of any font/typeface that I own, and have personally purchased.
If you would like to use a copy of a font/typeface that I have purchased, to be used commercially, you must purchase the respective font/typeface licence, and register it in your name.
Typically, a font used in a logo will not need to be licensed, as the graphics are converted to vector artwork and can no longer be edited. However, should you require a font to use in your own artwork for editing purposes, such as on a website or a print presentation, then you will need your own license through a desktop license purchase.
Restrictions to the signing of this agreement
These Terms of Service do not grant you any rights or permission to use, modify, alter, replicate, or borrow any of the concepts, sketches, or ideas I present. All original preparation materials, sketches, visuals, and unused concepts shown or considered remain the exclusive property of Diana Jermann Graphic Design.
I retain the right to use any unused or previous ideas for future conceptual or client projects. If an unused concept closely resembles the final logo in style or appearance, I will modify it as needed to ensure it remains distinct and does not create any conflict.
Unless otherwise agreed upon, I reserve the right to feature the final logo and related designs in my portfolio, online galleries, award showcases, and printed materials such as books and magazines, both now and in the future. Related designs may include commercial print materials, business cards, stationery, signage, desktop icons, mobile app icons, and other digital or physical branding elements.
Any supporting artwork or designs created for this project may be used by me for both personal and professional purposes as I see fit.
You are free to modify, adapt, or alter the final logo design as needed, but you do so at your own risk.
All preparation materials, sketches, visuals, and electronic files used in the creation of this project remain the property of Diana Jermann Graphic Design. The final artwork and digital files will only become your property upon receipt of full and final payment.
If the agreed final payment is not received, all designs and concepts will remain the exclusive property of Diana Jermann Graphic Design until payment is made in full.
In the event of non-payment, I reserve the right to reuse, amend, or repurpose any of these ideas for other clients or as part of my portfolio.
If any attempt is made to use, modify, alter, replicate, or otherwise appropriate my work without fulfilling the agreed payment terms, I will seek immediate legal counsel.
Diana Jermann Graphic Design retains the right to showcase any artwork, ideas, or sketches created for this project as part of a professional portfolio, including but not limited to after project completion. If you require confidentiality due to secrecy, stealth mode, or an NDA, this must be disclosed and agreed upon before proceeding with the project.
Final payment ensures that only the approved and agreed-upon logo design becomes your property. Any other concepts or previous ideas remain mine unless otherwise agreed in writing.
Cancellation During the Project
If you decide to cancel the project after ideas and proposals have been submitted, any payments made up to that point are non-refundable. However, depending on the amount of work completed and the overall budget, a partial refund may be considered at my discretion.
If I am unable to complete the project due to illness, unforeseen circumstances, or injury, I will provide a refund based on the work completed. If any works, so far completed, can be used for another designer to pick up, then a percentage will be refunded based on work completed or any other reasonable suggestion will be considered.
If I am unable to meet the agreed-upon deadline due to illness, unforeseen circumstances, or injury, we will mutually determine the project’s status and deliverables. If the revised timeline is not acceptable to you, you have the right to terminate the project. If no work has been completed due to these circumstances, you will receive a full refund of your deposit. If work has already been completed, you will be billed for the work done up until that point. If any completed work can be transferred to another designer to continue, we can discuss a fair refund based on the progress made or reach another reasonable arrangement.
Project Suspension
I reserve the right to suspend a project if there is excessive micromanagement, a demonstrated lack of trust that prevents progress despite the presentation of a reasonable number of unique design concepts, or reluctance to make the final payment.
Fair notice will be provided, along with an opportunity to resolve the issue before any suspension or termination takes place. If a project is suspended or terminated under these circumstances, no refunds will be issued, and all work completed up to that point will remain the sole property of Diana Jermann Graphic Design.
Unpredictable Events
I will not be held liable for failure to fulfill any obligations under these Terms of Service due to circumstances beyond my control, including but not limited to natural disasters, government actions, terrorism, riots, wars, supply shortages, or transportation disruptions. In such cases, you will be informed of the cause and expected delay, and I will resume work as soon as circumstances allow.
Loss or damage
You agree that Diana Jermann Graphic Design is not legally responsible for any loss or damage incurred in relation to the use of my services, including any amendments, errors, or omissions in documents, designs, information, or goods and services provided. This also extends to any third-party content, links, comments, or advertisements. Your use of or reliance on any information, materials, or designs I produce, amend, or create is entirely at your own risk, and I will not be held liable for any resulting loss or damage.
You acknowledge that the materials and information I provide may contain inaccuracies or errors, and to the fullest extent permitted by law, I expressly exclude liability for such inaccuracies or errors.
I guarantee that all designs presented to you will be original and, to the best of my knowledge, will not infringe or plagiarize any other work. I will perform basic checks to ensure my work has not unintentionally infringed on others' designs, including limited searches against the WIPO database and reverse image searches on search engines. However, I do not assume legal responsibility for any loss or damage related to legal disputes concerning the originality or authenticity of my work. You agree to conduct your own checks and due diligence regarding plagiarism and originality. If you have any concerns, please raise them with me before we begin the project.
Given the complexity and potential costs involved in initiating Trademark, Copyright, and legal name searches, I am unable to provide practical assistance with these matters.If you wish to have a logo registered as a trademark, it is your responsibility to seek independent legal advice.
You are fully responsible for ensuring that your company, product, or brand name is legally available and free of any conflicts before work begins. If any legal issues arise with the name after the project is completed, no refunds will be provided, and I will not be held liable for any problems that may result.
Please make sure the name you intend to use is free and legally safe before committing to a branding project. Changing the name during the project is not only costly but also challenging to implement and causes significant delays.
If a name change is required midway through the project after significant logo exploration has already been done, I will need to recalculate the total cost of the project to account for the additional rework involved. It is essential to ensure that the name has undergone appropriate checks to confirm it is not in use by others or infringing on any existing trademarks, business names, or other legal protections.