Terms and Conditions for Graphic Design Services for Capybara Designs

1. Scope of Work  

1.1 The Designer provides graphic design services, including but not limited to website design, video editing, illustration, and branding.

1.2 Work is charged at an hourly rate of £50 per hour (GBP),50.00€ per hour (Euros) or $66 per hour (USD) unless a fixed package price is agreed upon and depending on the current exchange rate as the USD rate will be based on £50ph.

1.3 For logo and brand packages, one round of amendments is included. Additional amendments are either charged at the hourly rate or covered within pre-agreed allocated hours.

1.4 Additional work outside the agreed scope is logged and invoiced separately. If reasonable and relevant to the project, additional hours may be included at the Designer's discretion, or discussed with the Client before proceeding.  

2. Payments and Invoicing  

2.1 For large projects or those requiring upfront costs (e.g., website design), the Designer requires a 50% upfront payment.

2.2 For long-term projects, payments may be staged in thirds, with the final third payable upon completion.

2.3 Packaged services require 100% upfront payment before work begins.

2.4 No late fees are charged; however, unpaid invoices will be followed up at 7 and 14 days, and legal action may be considered thereafter.

2.5 Payments are processed via Stripe for USD transactions and direct bank transfer for Euro transactions.  

3. Intellectual Property and Usage Rights  

3.1 The Client receives the final design files for use as intended but does not gain full ownership of the underlying intellectual property.

3.2 The Client may not modify or alter the delivered work without prior written consent.

3.3 Licensing options (exclusive vs. non-exclusive) will be discussed and determined on a project-by-project basis.

3.4 The Designer does not transfer stock image, font, or other third-party asset licenses. The Client is responsible for purchasing their own licenses where required.

3.5 If the Client requires full rights to an illustration or artwork, this must be negotiated separately. Illustrations are licensed for the specific agreed-upon project and may not be used elsewhere without additional licensing.  

4. Revisions and Approvals  

4.1 Revisions are dependent on the agreed pricing model. Packaged services include one round of amendments.

4.2 Clients may request unlimited revisions, provided they pay for additional work at the hourly rate.

4.3 Final approval of work is the responsibility of the Client. The Designer is not liable for any errors after approval.

4.4 If a project is canceled by the Designer, a full refund will be issued minus any expenses incurred for third-party purchases (e.g., domain names, hosting, stock assets). The Client will retain ownership of any such third-party services.  

5. Liability & Disclaimers  

5.1 The Designer is not responsible for errors (e.g., spelling mistakes) after final Client approval. If an error is minor, the Designer may offer a free correction at their discretion.

5.2 The Client is responsible for ensuring they have the necessary rights for any content they provide (e.g., text, images). The Designer is not liable for copyright infringement related to Client-provided materials.

5.3 The Designer is not responsible for how the Client uses the final designs after delivery.  

6. Confidentiality & Portfolio Use  

6.1 The Designer will sign a Non-Disclosure Agreement (NDA) upon request.

6.2 The Designer reserves the right to showcase completed work in their portfolio, on social media, and in marketing materials unless a confidentiality clause is agreed upon.

6.3 If the Client has an embargo on releasing their branding or project, the Designer will respect this until an agreed-upon public launch date.  

7. Project Timelines & Client Responsibilities  

7.1 Project deadlines are discussed and agreed upon before work begins.

7.2 If additional time is required due to unforeseen circumstances, the Designer will inform the Client promptly and propose alternative solutions.

7.3 If a Client is unresponsive for an extended period, completed work will remain available for them upon return, provided payment has been made.

7.4 If the Client fails to pay for completed work and remains unresponsive, the Designer will issue reminders at 7 and 14 days before pursuing legal action.  

8. Legal Jurisdiction  

8.1 These Terms and Conditions are governed by the laws of France.

8.2 The Designer works with international clients and accepts multiple currencies. The applicable currency and tax considerations will be agreed upon at the outset of each project.

8.3 Clients are advised to research licensing requirements for stock images, fonts, and assets. The Designer will provide relevant details to assist Clients in purchasing necessary licenses.  

9. Fairness & Flexibility  

9.1 The Designer aims to be fair, flexible, and open to discussions regarding project terms.

9.2 Any concerns or special requests should be communicated before the project begins to ensure mutual understanding.  

10. Raw Design Files

The final deliverables provided to the client include ready-to-use formats (e.g., PNG, JPG, PDF, or outlined vector files). Editable/raw design files (e.g., AI, PSD, Procreate, InDesign, Figma, or Sketch files) are not included in standard pricing and must be purchased separately at an additional fee, determined based on the project scope. The client may request a quote for raw file ownership before project completion.

These Terms and Conditions outline the working relationship between the Designer and the Client, ensuring clarity and legal protection for both parties. By engaging the Designer’s services, the Client agrees to these terms unless otherwise negotiated in writing.

11: Other

Illustrations and graphic works created for a client may only be used for the agreed-upon project. They cannot be reused or repurposed for other purposes without my consent. For branding elements, their use is limited to promoting the business on its marketing materials and products.

I strongly recommend that my clients verify the necessary licenses for their projects. I can provide on request all references for stock elements to facilitate their acquisition.

My goal is to ensure full legal protection while remaining fair and flexible with my clients. I am always open to discussion and negotiation.