TERMS OF SERVICE

PAYMENT

Deposits, final payments, and delivery

I reserve the right to request a retainer deposit (varies by service) prior to starting work on your project. If a deposit is requested, an invoice will be generated and delivered via email and payment is expected within 30 days of issue. By remitting deposit funds you are accepting these Terms of Service and entering a contract with Sara Aguirre (Mere Kreative).

I will invoice for reaming cost of the project and associated services prior to the release of any project files or final exports. I reserve the right to withhold delivery until payment has been received in full.

I reserve the right to invoice prior to the time detailed if you have been uncontactable/unresponsive for more than 30 days. You may reserve the right to request a payment plan which may be accepted at my discretion. All payment plans must be agreed to by both parties in writing. I reserve the right to charge you for any fees incurred relating to commencement of collection and recovery processes for account that remain unpaid in excess of 30 days.

All payments are to be made within 30 days

FONTS & TYPEFACES

Licensing of any used font or typefaces

Any fonts or typefaces that are purchased for final projects, including: logo, brand identity assets, and promotion item design, are subject to commercial licensing laws. A font or typeface license gives only the owner full rights to use the font or typeface as necessary.

In my initial presentation of concepts, I will provide information of the fonts and/or typefaces used and where they can be acquired. It is the responsibility of the client to acquire any necessary font licenses (paid or unpaid), please bear this in mind when approving designs.

It is against the law for me to provide any client a 'copy' of any font or typeface that I own and have personally purchased.

If you would like to use a font or typeface that I have purchased, to be used commercially, you must purchase the respective font or typeface license 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 work for editing purposes, such as on a website or print presentation, then you will need your own license.

RESTRICTIONS

Restrictions to the signing of this agreement

These Terms of Service do not give you the right or permission to use/modify/alter/replicate or borrow any of the previous ideas/concepts/sketches that I present. All original preparation materials, sketches, visuals, unused ideas shown and considered with remain the property of Sara Aguirre (Mere Kreative).

I am free to use these unused and previous ideas for future conceptual and client work. Where a previously unused idea/design retains a similar look and style to the finished design, I shall repurpose and style so that the end design is sufficiently different as to not cause conflict.

Unless otherwise agreed or arranged, I reserve the right to showcase the finished work/design and associated designs in my portfolio and in a number of online galleries/portfolios/showcases/awards as well as in printed literature including books and magazines, now and in the future. Associated designs and artwork can include commercial print design/business card/stationary design/signage/desktop icons/mobile phone and other portable device application icons and imagery.

ANY supporting artwork and design required by this project can be used as indicated by myself for personal and professional reasons. You are free to change, modify, and adapt the finished design work as you see fit, but do so at your own risk.

OWNERSHIP & COPYRIGHT

All preparations materials, sketches, visuals, including the electronic files used to create the project remain the property of Sara Aguirre (Mere Kreative). The final artwork/digital files will become your property ONLY upon final payment of the project.

If final payment is NOT received as agreed, all designs and concepts will remain the property of Sara Aguirre (Mere Kreative) until payment is received. If there are any issues with final payment, I reserve the right to reuse of amend any of these ideas for other clients, or to be used as freely as concepts in my portfolio. Should the client attempt to use/modify/alter/replicate or steal any of my ideas without making agreed final payment, I will take immediate legal counsel.

Sara Aguirre (Mere Kreative) reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This is typically, but not limited to the completion of the project. If you have any specific 'secrecy/stealth mode' or NDA requirements, please mention this before agreeing to the proposal.

Final payment ensures that ONLY the agreed business name, logo design, brand identity, promo item design becomes your property. Any previous ideas/concepts remain mine, unless any prior agreement has been made.

TRADEMARK & COPYRIGHT

Due to the lengthy and often costly procedures required to initiate any form of Trademark, Copyright, and legal name search, I am unable to provide any practical help with this. If you require the final designs to be registered as a trademark, then you must seek your own legal advice.

BRAND NAMING

You take full responsibility for ensuring that your company/product/name is legally free/available before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible, neither am I legally responsible for any problems thus arising. Please ensure the name you are using is free and legally safe to use before committing to a logo design, brand identity, or promo item design project.

Project name changes during a project are exceptionally costly, challenging to implement, and cause significant delays. If a change of name is required mid-way during a project, and significant exploration work has been presented, then I will have no choice but to recalculate the total cost of the project, to allow for the reworking involved. Please ensure that the name you are using has been subject to appropriate checks, is not in use by someone else, and/or infringes on any other registered trademark, business name etc.

CANCELLATION

Cancellation during the project

If you choose to cancel the project midway through, where ideas and proposals have been submitted, refund of previous payment is not possible. However, depending on the work completed and overall budget, a portion of the funds may be returned. I reserve the right to cancel the project if you are uncontactable/unresponsive for 30 days. However, I am always open to listening and understanding your position and will do my best to work with you, we just need to communicate.

If I fall ill, or am unable to complete the project due to unforeseen circumstances, a portion of the overall budget will be returned. 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.

Project suspension

I reserve the right to suspend or cancel any project if there is interference with excessive micromanaging, demonstrating a continued lack of trust and inability to move forward after showing more than a reasonable number of unique design proposals, and/or showing a reluctance in paying the final payment. Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or cancellation. Any suspension or cancellation will note result in any refunds and all designs and work thus developed remain the full ownership of Sara Aguirre (Mere Kreative).

Force Majeure

In the event I fail to perform any obligation pursuant to these Terms of Service due to an 'act of God' or any act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond my control, such failure shall not be deemed to be a breach of these Terms of Services, provided that you are notified of the existence and nature of the reason for my non-performance and delay, and I resume performance immediately upon the conclusion of the relevant force majeure.

LIMITATION OF LIABILITY

Loss or damage

You agree and accept Sara Aguirre (Mere Kreative) is not legally responsible for any loss or damage suffered or incurred related to use of any of my services, whether from amendments, errors or omissions in documents, designs, information or any goods or services offered by myself. This includes your use of reliance on any third-party content links, comments, or advertisements. Your use of, or reliance on, any information or materials I produce, amends or designs is entirely at your own risk, for which I shall not be liable.

You acknowledge that such information and materials may contain inaccuracies or errors and expressly exclude liability of Sara Aguirre (Mere Kreative) for any 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 perform limited checks to ensure that my work has not unintentionally infringed on another's design, including limited checks against the WIPO database and reverse image checks across search engines. However, I assume no legal responsibility for any loss or damaged 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. Should you have any concerns, please discuss this item with me prior to commencing work.