BAKSAYER.DESIGN Terms of Service
Here are my general service guidelines applicable to any design assignment. Take a moment to review them thoroughly, and if you notice anything that might raise concerns, please bring it to my attention before we initiate the project. This way, we can have a conversation about any adjustments that may be necessary to tailor the terms to your specific requirements.
PAYMENT
Deposits, final payments and delivery
I may require a 50% deposit before initiating work on your project. In such cases, an invoice will be generated and sent to you via email, with payment expected within 30 days of issuance. By submitting the deposit, you acknowledge your acceptance of these Terms of Service and enter into a contractual agreement with Brett Sayer (BAKSAYER.design).
The remaining project costs and associated services will be invoiced before the release of design files or final exports. I retain the right to withhold delivery until full payment is received.
In the event of unresponsiveness for more than 30 days, I reserve the right to issue an invoice earlier than scheduled.
You can request a payment plan, subject to my approval. Both parties must agree to any payment plans in writing.
All payments are due within 30 days of the invoice date.
I reserve the right to charge fees for expenses related to the initiation of collection and recovery processes for accounts outstanding for more than 30 days.
FONTS & TYPEFACES
Licensing of any used fonts or typefaces
Any fonts or typefaces obtained for the final motion design or supporting brand assets are governed by commercial licensing regulations. A font or typeface license grants the owner exclusive rights to utilise the font or typeface as required.
During the mock-up phase, I will furnish details regarding the typefaces used and their sources. It is the client’s responsibility to acquire any necessary font licenses, whether paid or unpaid. Please keep this in mind when approving designs.
I am unable to provide clients with a ‘copy’ of any font or typeface that I personally own and have purchased, as this would violate legal regulations.
If you wish to use a font or typeface that I have acquired for commercial use, you must purchase the corresponding font or typeface license and register it under your name.
Typically, a font used in a logo may not require licensing, as the graphics are converted to vector artwork, preventing further editing. However, if you need a font for your own artwork, such as for editing on a website or in a print presentation, you will need to obtain your own license through the purchase of a desktop license.
These can typically be found at:
Fontspring
MyFonts or Fonts.com
Type Networks
RESTRICTIONS
Restrictions to the signing of this agreement
These Terms of Service do not grant you the rights or permission to utilise, modify, alter, replicate, or borrow any of the preliminary ideas, concepts, sketches, or visuals that I present. All original preparatory materials, sketches, visuals, and unused concepts that are shared and considered will remain the exclusive property of Brett Sayer (BAKSAYER.design).
I retain the freedom to utilise these unused and previous ideas for future conceptual and client work. In cases where a previously unused idea or design shares a similar appearance or style with the final design, I will adapt and modify it to ensure that the final design is distinct enough to avoid conflicts.
Unless otherwise agreed upon, I reserve the right to display the finalised design and related works in my portfolio, as well as in various online galleries, portfolios, showcases, and awards, and in printed publications such as books and magazines, both now and in the future. The associated designs and artworks may include commercial print designs, business cards, stationery designs, signage, desktop icons, mobile phone and other portable device application icons, and imagery.
Any supporting artwork and designs created for this project may be used by myself for personal and professional purposes.
You are welcome to make changes, modifications, and adaptations to the final designs as you deem necessary, but please be aware that you do so at your own discretion and risk.
OWNERSHIP & COPYRIGHT
All preparation materials, including sketches, visuals, and electronic files used in the project, remain the property of Brett Sayer (BAKSAYER.design). The final artwork and digital files will become your property solely upon the completion of the final payment for the project.
In the event that the final payment is not received as agreed, all designs and concepts will continue to be the property of Brett Sayer (BAKSAYER.design) until the payment is settled.
If any issues arise regarding the final payment, I reserve the right to repurpose or modify these ideas for other clients or to use them as part of my portfolio.
In the event that the client attempts to use, modify, replicate, or appropriate any of my ideas without fulfilling the agreed final payment, I will seek immediate legal counsel.
Brett Sayer (BAKSAYER.design) retains the right to showcase any artwork, ideas, or sketches created for this project in a portfolio as examples of client work. This is generally applicable upon completion of the project. If you have specific requirements concerning confidentiality or non-disclosure agreements (NDAs), please communicate this before agreeing to the proposal.
Final payment ensures that only the agreed-upon design becomes your property. Any preceding ideas or concepts remain my own, unless a prior agreement has been established.
BRAND NAMING
You are solely responsible for ensuring that your company, product, or name is legally available before initiating any work. If any legal issues arise with the naming after the completion of the project, no refunds will be possible, and I cannot be held legally responsible for any resulting complications.
Prior to committing to a design project, please ensure that the name you intend to use is free and legally permissible. Changing the project name during the course of the project can be highly expensive, challenging to execute, and may lead to significant delays.
If a name change becomes necessary midway through a project, and substantial design work has already been presented, the total project cost will be reassessed to accommodate the required modifications. Therefore, it is crucial that you confirm that the name you choose has undergone the necessary checks, is not already in use by another entity, and does not infringe upon any registered trademark, business name, or similar intellectual property.
CANCELLATION
Cancellation during the Project
If you decide to cancel the project midway, with ideas and proposals already submitted, refunds for previous payments are not feasible. However, based on the work completed and the overall project budget, a partial refund may be considered.
In the event of my illness or an inability to complete the project due to unforeseen circumstances, a portion of the overall budget will be returned. In most cases, a full refund will be issued. If any completed work can be utilised by another designer, a percentage refund based on the completed work may be granted, or other reasonable solutions will be considered.
Project Suspension
I retain the right to suspend any project if there is excessive micromanagement, a persistent lack of trust, or an inability to progress after presenting a reasonable number of unique logo ideas/concepts, or in the event of reluctance to make the final payment. Ample notice will be provided, allowing an opportunity to address the situation before resorting to project suspension or termination. Any suspension or termination will not result in any refunds, and all designs and work created will remain the sole property of Brett Sayer (BAKSAYER.design).
Force Majeure
If I am unable to fulfil any obligations outlined in these Terms of Service due to an “act of God,” governmental actions, terrorism, riot, war, accidents, or any other uncontrollable cause, such failure will not be considered a breach of these Terms of Service. You will be promptly informed of the circumstances behind the non-performance, and I will resume work as soon as the force majeure event concludes.
LIMITATION OF LIABILITY
Loss or damage
You acknowledge and agree that Brett Sayer (BAKSAYER.design) is not legally accountable for any losses or damages resulting from the use of my services, including any inaccuracies, errors, or omissions in documents, designs, information, or any goods or services offered. This disclaimer encompasses your use or reliance on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials produced, amended, or designed by me is entirely at your own risk, and I shall not be held liable.
You recognise that such information and materials may contain inaccuracies or errors, and I expressly disclaim any liability for 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 or plagiarise any other work. I will conduct limited checks to ensure that my work does not unintentionally encroach upon another’s design, including limited checks against the WIPO database and reverse image searches across search engines. However, I assume no legal responsibility for any losses or damages incurred due to legal issues concerning the originality or authenticity of my work. You agree to conduct your own checks and due diligence regarding plagiarism and originality. Should you have any concerns, please discuss them with me before commencing the work.