PAYMENT

Deposits, final payments, and delivery

Loose Pixel Design reserves the right to request a 50% deposit prior to starting work on your project. If a deposit is requested, an invoice will be generated and delivered via email; payment is expected within “28” days of issue. By remitting deposit funds the client is accepting these Terms of Service and entering a contract with Filip Alexandru (Loose Pixel Design).

Loose Pixel Design will invoice for the remaining cost of the project and associated services prior to the release of design files or final exports. Loose Pixel Design reserves the right to withhold delivery until payment has been received in full.

Loose Pixel Design reserves the right to invoice prior to the time detailed if the client has been uncontactable/unresponsive for more than 30 days.

The client may reserve the right to request a payment plan which may be accepted at Loose Pixel Design’s discretion. All payment plans must be agreed to by both parties in writing.

All payments are to be made within “x” days of issue.

Loose Pixel Design reserves the right to charge the client for any fees incurred relating to the commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.

FONTS & TYPEFACES

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 Loose Pixel Design’s presentation of concepts, Loose Pixel Design will provide information on 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 Loose Pixel Design to provide any client with a ‘copy’ of any font/typeface that Loose Pixel Design owns, and has personally purchased.

If the client would like to use a copy of a font/typeface that Loose Pixel Design has purchased, to be used commercially, the client must purchase the respective font/typeface licence, and register it in their name.

Typically, a font used in a design will not need to be licensed, as the graphics are converted to vector artwork and can no longer be edited. However, should the client require a font to use in their own artwork for editing purposes, such as on a website or a presentation, then the client will need their own license through a desktop license purchase.

These can typically be found at:

Fontspring

MyFonts or Fonts.com

Type Network

Google Fonts

Adobe Fonts

RESTRICTIONS

Restrictions to the signing of this agreement

These Terms of Service do not give you the rights or permission to use/modify/alter/replicate or borrow any of the previous ideas/concepts/sketches that Loose Pixel Design presents. All original preparation materials, sketches, visuals and unused ideas shown and considered will remain the property of Loose Pixel Design.

Loose Pixel Design is 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, Loose Pixel Design shall repurpose and style so that the end design is sufficiently different so as to not cause conflict.

Unless otherwise agreed and arranged, the freelancer reserves the right to showcase the finished artwork and associated designs in their portfolio and in any number of online galleries/portfolio/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/stationery design/signage/desktop icons/mobile phone and other portable device application icons and imagery.

ANY supporting artwork and designs required by this project can be used as indicated by Loose Pixel Design for personal and professional reasons.

The client is free to change, modify and adapt the finished design as they see fit, but the client does so at their own risk.

OWNERSHIP & COPYRIGHT

All preparation materials, sketches, and visuals, including the electronic files used to create the project, remain the property of Loose Pixel Design. The final artwork/digital files will become the client’s 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 Loose Pixel Design until payment is received.

If there are issues with final payment, Loose Pixel Design reserves the right to reuse or amend any of these ideas for other clients, or to be used freely as concepts in Loose Pixel Design’s portfolio.

Should the client attempt to use/modify/alter/replicate or steal any of the freelancer’s ideas without making the agreed final payment, the freelancer will take immediate legal counsel.

Loose Pixel Design 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 the client has any specific ‘secrecy’ or NDA requirements, please mention this before agreeing to the proposal.

Final payment ensures that ONLY the agreed design becomes the client’s property. Any previous ideas/concepts remain Loose Pixel Design’s 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, Loose Pixel Design is unable to provide any practical help with this.

If the client requires the design to be registered as a trademark, then the client must seek their own legal advice.

BRAND NAMING

The client takes full responsibility for ensuring that their 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 is Loose Pixel Design legally responsible for any problems thus arising.

Please ensure the name the client is using is free and legally safe to use before committing to a 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 through a project, and significant design exploration work has already been presented, then Loose Pixel Design will have no choice but to recalculate the total cost of the project, to allow for the reworking involved. Please ensure that the name the client is 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 the client chooses 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 the overall budget, a portion of the funds may be returned.

If Loose Pixel Design’s team members fall ill or cannot complete the project due to unforeseen circumstances, a portion of the overall budget will be returned. In most cases, the complete amount will be refunded. If any work, so far completed, can be used for another designer to pick up, then a percentage will be refunded based on the work completed or any other reasonable suggestion will be considered.

Project Suspension

Loose Pixel Design reserves the right to suspend 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 ideas/concepts, and/or showing a reluctance in paying the final payment.

Fair notice will be given with a fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of Loose Pixel Design.

Force Majeure

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

LIMITATION OF LIABILITY

Loss or Damage

The client agrees and accepts that Loose Pixel Design is not legally responsible for any loss or damage suffered or incurred related to the use of any of Loose Pixel Design’s services, whether from amendments, errors or omissions in documents, designs, information or any goods or services offered by Loose Pixel Design. This includes the client’s use or reliance on any third-party content, links, comments or advertisements. The client’s use of, or reliance on, any information or materials Loose Pixel Design produces, amends or designs is entirely at your own risk, for which Loose Pixel Design shall not be liable.

The client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude the liability of Loose Pixel Design for any such inaccuracies or errors to the fullest extent permitted by law.

Loose Pixel Design affirms that all designs presented to the client will be original and to the best of Loose Pixel Design’s knowledge will not infringe/plagiarize any other work. Loose Pixel Design will perform limited checks to ensure that their work has not unintentionally infringed on another's design, including limited checks against the WIPO database and reverse image checks across search engines. However, Loose Pixel Design assumes no legal responsibility for any loss or damage suffered or incurred related to legal issues regarding the originality or authenticity of Loose Pixel Design’s work. The client agrees to perform their own checks and due diligence regarding plagiarism and originality. Should the client have any concerns, please discuss this item with Loose Pixel Design prior to commencing work.