Terms of Service

The Terms below apply to all projects undertaken by DesignG33k.  Please note that each project type has additional terms that will apply, that will be delivered to you along with your official proposal from DesignG33k.  If you have any questions about this document please feel free to contact our sales team at sales@designg33k.com.

 

Introduction

 

This agreement is between DesignG33k (The Designer) and the client, or client’s authorized representative engaging the services of DesignG33k.  By purchasing design services from DesignG33k you are accepting agreement of these terms.

 

Quotes

 

Quotes provided to The Client by DesignG33k are valid for 30 days.  At the end of 30 days a review of pricing and work may be required at the discretion of The Designer.

 

Payment Schedule

 

All projects undertaken by The Designer require a 50 percent down payment prior to commencement of the work.  Delays in making the 50% down payment can result in project delays. The 50% down payment is non-refundable. Upon completion of the project the remaining 50% will be due before the project is turned over to the client.  Failure to make any payments in a timely manner can delay the project.  

 

Payments

 

DesignG33k accepts payments through PayPal.  Reasonable accommodation can be made on a case by case basis for other reasonable electronic payment (CashApp, etc.) at the sole discretion of The Designer.  Any returned or chargeback fees will be the responsibility of The Client.

 

Design Credit (Websites)

 

Many of our clients have enjoyed their design experience with us so much that they like to give us credit for their design on their site or project.  If you would like to join them in giving us credit you may do so at the Client’s discretion.  We typically do this by putting “Designed by DesignG33k” in the footer of your site below all of your content in a very unobtrusive way.  You are by no means required to have this on your site.

 

Design Credit (Video Projects)

 

In situations where it is customary to provide credit to a production company (movies, vlogs, etc.) DesignG33k in its sole discretion will determine if it’s appropriate to add a DesignG33k Productions Stinger to the beginning, the end or the beginning and end of your project, and if it’s appropriate for us to appear any credits we are creating for your project.

 

Copyright and Ownership

 

Upon completion of your project, and payment in full, DesignG33k shall transfer all rights and ownership of CUSTOM designs and programming to the client.  Software and third party graphics or programs are not transferred to the client and remain the copyright of their respective owners.

 

DesignG33k retains the copyright of any project where payment is not completed.

 

Access to DesignG33k Project Management System

 

Upon the payment of your 50% down payment you may receive access to our project management system.  In this system you will be able to view the progress of your project however you will not be able to make modifications to the project.  For modifications of tasks etc you would need to reach out to us through a support ticket on the DesignG33k Portal and request the change through there and then it would be added by our team to the project management system.  This access will be removed upon the completion of your project.

 

Communication

 

The client agrees to make every effort to respond to the Designer’s requests in as timely a manner as possible within at least 1 business day.  This includes all emails, voicemails, phone requests, live chat etc.  Failure to respond within one business day can result in the delay of your project delivery.

 

Meetings

 

Each of our project types allows for a certain number of meetings.  We ask that you be on time for these meetings and ready to discuss your project.  We allow up to 1 hour per meeting with very little wiggle room for these meetings.  

 

Design Questionnaire

 

Upon completion of a “Request A Quote” form a “Design Questionnaire” will be sent to each client.  Please complete this questionnaire as soon as possible but at least within 7 days.  If the questionnaire is not completed within 7 days the “Request A Quote” ticket will be closed. 

 

Upon completion of your Design Questionnaire you will be invited to set up your first meeting with us to discuss your project. You will have 3 days to schedule this meeting to avoid any delays in your project.  Upon completion of this initial meeting our team will start working on putting together a design proposal for your project.  You will have 3 days to respond to the design proposal and make your 50% down payment in order to meet any time frames that were discussed.  Anything beyond 3 days could result in the project being pushed back.

 

Tasks outside of Scope

 

In the delivered proposal the scope for the project will be defined.  Any work outside or beyond this scope will be billable at additional charges that will be discussed with the client prior to the undertaking of such tasks.

 

Content

 

Unless otherwise agreed the client agrees to provide any needed content for the completion of the project, including but not limited to graphics, text, video, logos, branding, etc.

 

It is assumed by the Designer that the Client holds the copyright or license of any material that is provided for use in a project.  If any content is found to be in violation of another’s copyright the Client agrees to indemnify, protect, and hold DesignG33k as harmless from any claim or suit from the use of such work.

 

Confidentiality

 

The Client shall inform DesignG33k before the commencement of any project of any confidential material or information that is to be used in the project.  DesignG33k agrees not to disclose any confidential information that may be made available by The Client.

 

In Addition The client agrees not to share any of the designer’s concepts, art, or work with outside designers or agencies unless you have purchased the artwork release from the designer. This includes, but is not limited to design concepts, sketches, proofs and design work.

 

Rights & Ownership

 

Upon the completion of a project and payment in full by The Client, DesignG33k shall transfer all copyrights to the exclusive use of The Client other than for DesignG33k’s promotional use purposes (website, portfolio, social media, etc.)

 

Limits of Liability

 

The client agrees to indemnify, protect, and hold harmless DesignG33k in all matters arising in regards to this agreement.  

 

DesignG33k accepts no liability or responsibility for any downtime or delays, loss of profit (perceived or otherwise), or damages incurred by The Client during the undertaking of a project.

 

Arbitration/Mediation Clause

Both parties do hereby agree to resolve, through arbitration/mediation, any dispute that arises among the parties from the date of entering into this agreement.

 

Transferability and terms of Contract

 

This contract is made between the Designer and the Client.  This contract remains in place and has no need to be renewed.  This contract may not be transferred without the permission of DesignG33k.  If for some reason one part of this contract is found to be invalid or unenforceable, the remaining parts of the contract remain in effect.  This contract is a legal document under the exclusive jurisdiction of the courts of Asheville, North Carolina, in the United States of America.