Terms And Conditions

NO REFUNDS WILL BE ISSUED, FOR ANY REASON, ONCE THE FIRST STEP OF DESIGN which is the custom design theme for website design, materials for branding, or mood board HAS BEEN SENT to you.

DESIGN PROJECT CONTRACT OF AGREEMENT
I ask that you agree to this contract before I start on your custom design (logo, branding, website, blog, etc.) with Esslims.

WHAT I, ESSLIMS, THE ARTIST AGREES TO…
I agree to create a custom design suitable for your business needs and satisfactory to you. I promise to deliver your finished design in digital image files of high enough quality to be printed on business-related print goods and for web page display when I have been paid completely.

INDEPENDENT CONTRACTOR.
The Designer, Esslims, is an independent contractor, not an employee of Client/Buyer or any company affiliated with the Client. Designer shall provide the Services under the general direction of Client, but Designer shall determine, in Designer’s sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement.

PAYMENTS/DEPOSITS.
All payments & deposits are non-refundable as it is our way of securing your spot in our queue. I often book my projects several months ahead of time and scheduling is the key to making sure I give all of my clients the proper amount of time their project deserves. With that, I often turn away clients for your reserved time slot. Therefore, if you back out it may leave an empty spot that could have been given to another project. Our non-refundable payment + deposit policy is our way of securing payments and making sure our clients are serious about moving forward with their project. Once we start the mood board or the first step of custom projects, the term of this contractual agreement will continue for work in progress until terminated by either of us upon 30 days written notice. There will be no refunds given past 30 days, for any reason. *If you request to terminate this contract within 30 days, we will offer a credit towards a future project.

LOGO CONCEPTS/BRANDING CONCEPTS/WEBSITE CONCEPTS AND FIRST VIEWING. Within 15-30 business days of receiving your company info, client QA, deposit or full payment, I will create design concepts for you. I will then place these concepts into emails for you to view. When I have received your feedback on these designs I will make any needed changes to your favorite choice. You will receive up to 4 logo concepts. Once your main logo is picked from these concepts, your logo variation + sub mark, color palette & patterns will be designed. Then there will be 3 rounds revisions offered to make sure that your logo is exactly how you want it. IF YOU DECIDE THAT YOU NEED ANY MORE CONCEPTS OR REVISIONS AFTER THIS PROCESS, THERE WILL BE AN ADDITIONAL FEE. And there will also be an increase in your timeline for completion. We work with multiple clients each month and if you decide to change or alter your logo after your main logo has been approved, we cannot guarantee that your timeline will not change. Please make sure that you are 100% sure of your style + brand direction. This is SO important. IF YOU CANNOT DECIDE ON A FINAL DESIGN – YOU WILL NOT RECEIVE A REFUND.

WHAT THE CLIENT PROVIDES
Clients are required to provide their own pictures, contents, and materials for the website and branding. I agree to create graphics on the materials supplied by my clients to suit my client’s vision and goals.

TIMELINE.
I (Esslims) will provide estimated turn around times for each design, however, the actual time may vary depending on CLIENT’s speed of response to concepts and revisions. While I will make every reasonable effort to meet specified deadlines, I will not be held responsible for any delays. EACH PROJECT IS SPECIFIC TO EACH CLIENT AND HAS DIFFERENT TIMELINES. AT TIMES, PROJECT TIMELINES CAN VARY AND MAY TAKE LONGER. WE WORK INDEPENDENTLY ON EACH PROJECT AND ALL DESIGNS ARE CUSTOM AND CANNOT BE RUSHED.

FILE DELIVERY. After the final design is approved I (Esslims) agree to deliver the design to you as digital files (.png, pdf, and/or .jpg graphics file formats) or published website. Custom packages are delivered to you by email. DropBox may also be used in order to transfer large files.

OWNERSHIP.
I (Esslims) give you the right to use your new design in all media useful for your business promotion. I ask that you let me display your new published project and your full name, business name, and website address or company address, for the testimonial and promotional purposes on my website and in any printed ads. You may not resell, redistribute or use any designs in any other way than for your business.

ORIGINALITY.
I (Esslims) affirm that my Designs are original and that I own the rights granted under this agreement, and that the rights granted do not conflict with any other agreement.

REQUEST.
If you display your new logo on a website I would love to have a text link posted somewhere on your website pointing to my website at:
(http://www.esslims.com) *This is not required! If I receive nice words from you (a testimonial) I will post it on my website with a link to your website.

TERMINATION.
I reserve the right to terminate this Agreement if, CLIENT/BUYER, fails to complete the payment/s within 30 days of the signing of this agreement. I can cancel a project, without refund of previous payments, if a payment is late, or I can choose to postpone the project to my next availability and increase the project cost to current rates if applicable. If terminated, Esslims reserves the right to any payment made prior to the termination. No refunds will be issued for any reason.

ABANDONMENT. If the project is stopped by the client, it will be canceled in entirety after one month unless prior arrangements are made. If all communication is broken by the client and remains unresolved for 30 days or more, the project will be considered abandoned. No refunds will be given. Abandoned projects may be reinstated at the discretion of the designer for an additional fee of 50% of the initial design rate.

REFUND POLICY. Due to the custom nature of our designs & services, no refunds are offered. If you decide to cancel your project with Esslims within 30 days, a credit will be applied to your account. After 30 days, no refunds are offered under any circumstances.

WHAT YOU, THE CLIENT/BUYER, AGREES TO…
In return for the above-described design, I (the client/buyer) agrees to pay the total custom fee due. Custom jobs under $500 are required to be PAID IN FULL before the custom project begins. And all projects over $500 are payable in two payments… a 70% deposit before any work begins and the remaining 30% payment when the final design is approved but before it is delivered.

PAYMENTS/DEPOSITS.
Client/Buyer agrees that all payments & deposits are non-refundable as it is the company’s way of securing your spot in our queue. Once we start the mood board or the first step of your custom project, the term of this contractual agreement will continue for work in progress until terminated by either of us upon 30 days written the notice. There will be no refunds given past 30 days, for any reason. *If you request to terminate this contract within 30 days, we will offer a credit towards a future project.

OWNERSHIP.
I understand that the final Design/s belong to Esslims until I (Client/Buyer) have paid in full. In the event of termination of this agreement, Esslims owns all designs and has the right to complete, exhibit, and/or sell the Design/s (but not my business name) if she so chooses. She also owns all the design concepts created before I choose the final design. Designs that I (Client/Buyer) decide not to use will be released to Esslims who can offer in her online shop or used for future client projects.

ADDITIONAL COSTS.
The Project pricing includes Designer’s fee only. Any and all outside costs including, but not limited to, custom fonts, domain fees, equipment rental, photographer’s costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, music licenses and online access or hosting fees, will be billed to Client unless specifically otherwise provided for in the Proposal.

USE OF LOGO.
I understand that once I have paid in full that I have the right to use the Design in all media useful for business promotion and that Esslims reserves the right to display the logo for her business promotional use. I also give Esslims permission to use my full name, business location, and/or website address, for testimonial purposes on her website, or other business related media.

PRINTING.
If you select your own vendors or service providers, Esslims will not in anyway be held responsible for quality, price, delivery or performance.

RIGHT TO MODIFY (ALTERATIONS).
I understand that I have no right to alter the Final Design in any way except to change its size for printing or digital display. If I desire any alterations I will consult Esslims first, and she will be allowed the first option to make alterations when possible and I do understand that she will require additional payment to make these alterations. It is the responsibility of (Client/Buyer) to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Esslims is not liable for errors or omissions.

LEGAL CLEARANCE OF MATERIALS.
CLIENT will be responsible for all trademarks, service marks, copyright, and patent infringement clearances. CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials I prepare.

DELAYS.
I agree to give Esslims more time if she becomes ill, is injured, or is delayed because of events beyond her control, such as illness, the death of family members, fire, theft, computer failure, and Acts of God.

TERMINATION.
The term of this contractual agreement will continue for work in progress until terminated by either of us upon 30 days written the notice. If CLIENT/BUYER should direct me at any time to cancel, terminate or “put on hold” any previously authorized purchase, I will promptly do so, provided CLIENT holds me harmless for any cost incurred as a result. If this written request is received within the first 30 days, of the project start date, a credit will be issued and is good for use on a future project.

ABANDONMENT. If the project is stopped by the client, it will be canceled in entirety after one month unless prior arrangements are made. If all communication is broken by the client and remains unresolved for 30 days or more, the project will be considered abandoned. No refunds will be given. Abandoned projects may be reinstated at the discretion of the designer for an additional fee of 50% of the initial design rate.

PAYMENT & FINAL AGREEMENT. If this contract is acceptable to you (the buyer) and you are paying with PayPal, check or bank transfer, this contract will be considered signed with the full price of the listing/project cost. An invoice link will be sent your email address.

*If this contract is acceptable to you and you need to arrange other payment methods, please email me first.