Graphic Design Service Terms
Last updated: 15 Mar 2024
This Design Service Agreement is made effective as of the purchase date between you (the "Owner") and Femtomax Inc. or its affiliates (the "Designer").
1. Description of the Services
The Designer provides graphics packages through professional design services. No material change is accepted after the first email, with the Designer determining what constitutes a material change.
2. Design Team
The Designer employs qualified personnel and reserves the right to change team members with prior written notice and reasonable explanation.
3. Term / Scheduling
Services are completed per the chosen plan. The Designer begins after receiving requirements via email or WhatsApp. The Owner must provide feedback within 3 business days of submission. The timeline pauses during review periods and resumes upon feedback receipt.
4. Payments and Refunds
Full payment occurs during purchase. There is no refund for the Graphics package purchased. Cancelled orders may receive store credit instead. See our Cancellation and Refund policy.
5. Ownership Rights
The Owner owns delivered designs but grants the Designer a non-exclusive, non-transferable, worldwide, sub-licensable, perpetual, royalty-free license for portfolio and advertising use.
6. Copyrights Notice
The Designer includes copyright notices as requested by the Owner.
7. Confidentiality
The Designer maintains strict confidentiality regarding proprietary Client information and returns all materials upon termination.
8. Independent Contractor
The Designer operates as an independent contractor, not an employee of the Owner.
9. Promotion
The Designer may use the Owner's names and trademarks for advertising without prior written consent.
10. Warranty — Designer
The Designer warrants that delivered images are free from defects in materials and faulty workmanship under normal use.
11. Warranty — Intellectual Property Rights
The Designer warrants it has the right to perform the Agreement and is unaware of infringement claims. The Designer defends against third-party claims and indemnifies the Owner against losses. If designs become subject to infringement suits, the Owner may terminate and receive a refund.
12. Warranty — Owner
The Owner warrants ownership of or legal licensing rights to all provided materials and has obtained necessary authorizations. The Owner indemnifies the Designer against third-party claims related to these materials.
13. Disclaimer of Warranties
The parties specifically disclaim any representations or warranties, express or implied, except those expressly stated in the Agreement.
14. Limitation of Liability
Neither party is liable for indirect, incidental, consequential, or special damages, including lost revenue, profit, or business failures.
15. Indemnity
Each party defends and indemnifies the other against third-party claims resulting from material breaches of duties, representations, or warranties.
16. Assignment
The Agreement cannot be assigned without prior written consent; any such assignment is void.
17. Attorneys Fees
The prevailing party in legal action recovers reasonable attorney fees and costs.
18. Termination
Either party may terminate with 14 business days advance written notice. The Owner receives no refund upon termination. The Agreement terminates upon service completion.
19. Termination on Default
If either party defaults, the other provides written notice specifying the default. The defaulting party has 14 business days from the effective date to remedy the issue or the Agreement terminates automatically.
20. Severability
If any provision is invalid, the remaining portions remain enforceable.
21. Governing Law / Forum
The Agreement follows California internal laws. Venue is in Santa Clara County, California courts, with both parties consenting to jurisdiction.
22. Complete Contract / Amendment
This Agreement supersedes prior agreements and represents the complete understanding. Written amendments signed by both parties modify it.
23. Signatories
The Agreement is entered into by Owner and Designer, effective as of the purchase date.
Questions about a design engagement? Contact us.