Terms of Service/Use

War Daddy Designs Terms of Service (TOS)

Welcome to War Daddy Designs™, where we provide high-quality graphic design services. By engaging with us and utilizing our services, you agree to the following terms:

Scope of Work

1.1) Services: War Daddy Designs™ agrees to provide graphic design services to the Client as outlined in the project proposal or as mutually agreed upon in writing. These services may include but are not limited to logo design, branding materials, print design, digital assets, social media graphics, website design elements, etc.

1.2) Deliverables: War Daddy Designs™ will deliver to the Client the agreed-upon final deliverables. The final deliverables will be in a format which will be agreed upon in the project proposal.

1.3) Design Process: War Daddy Designs™ will follow a standard design process, which may involve initial consultations, research, concept development, design iterations, client feedback loops, and final revisions. The Client agrees to provide timely feedback and approvals at each stage of the design process to ensure project progress.

1.4) Design Elements: War Daddy Designs™ will incorporate the agreed-upon design elements into the deliverables, including but not limited to typography, color palette, imagery, graphics, icons, etc., as specified in the project proposal or as directed by the Client.

1.5) File Formats: War Daddy Designs™ will provide the final deliverables in the specified file formats agreed upon by both parties. Any intermediate files or working files created during the design process will remain the property of War Daddy Designs™ unless otherwise agreed upon in writing.

1.6) Presentation and Approval: War Daddy Designs™ will present design concepts and deliverables to the Client for review and approval. The Client agrees to provide timely feedback and requests for revisions, as necessary. Revisions beyond the scope of work outlined in the project proposal may be subject to additional fees.

1.7) Limitations: The scope of work outlined in this agreement is limited to the services and deliverables specified herein. Any additional services or deliverables requested by the Client will be subject to negotiation and may incur additional fees.

Scope of work agreement: By agreeing to these terms, both parties acknowledge and accept the scope of work for the graphic design project.

Timeline:

2.1) Project Schedule: War Daddy Designs™ and the Client agree upon a project timeline, including specific deadlines for deliverables and milestones. The timeline will be outlined in the project proposal or as otherwise agreed upon in writing.

2.2) Milestones: The project timeline may include various milestones, such as initial consultations, concept development, design iterations, client feedback, and final revisions. War Daddy Designs™ will provide the Client with estimated completion dates for each milestone.

2.3) Timely Responses: The Client agrees to provide timely responses to requests for feedback, approvals, and other project related communication. Delays in communication from the Client may impact the project timeline and delivery dates.

2.4) Revisions and Modifications: War Daddy Designs™ will make best efforts to accommodate reasonable requests for revisions and modifications within the agreed-upon timeline. However, additional time may be required for extensive revisions or changes to the project scope, which will be communicated to the Client promptly.

2.5) Extensions and Delays: In the event of unforeseen circumstances or delays beyond the control of either party (e.g., illness, technical issues), the project timeline may be extended by mutual agreement in writing. War Daddy Designs™ will not be held liable for delays caused by factors outside of their control.

2.6) Rush Services: If the Client requires expedited or rush services to meet tight deadlines, additional fees will apply. The terms and conditions for rush services will be outlined in the project proposal or as otherwise agreed upon in writing.

2.7) Schedule Adjustments: Any adjustments to the project timeline must be agreed upon by both parties in writing. Changes to the timeline may impact project milestones, deliverables, and associated costs.

Timeline agreement: By agreeing to these terms, both parties acknowledge and accept the project timeline and agree to work together to ensure timely completion of the graphic design project.

Payment Terms:

3.1) Fees and Payment Schedule: The Client agrees to pay War Daddy Designs™ the fees outlined in the project proposal or as otherwise agreed upon in writing. The payment schedule will be specified in the project proposal and may include upfront deposits, milestone payments, and final payment upon completion.

3.2) Deposit: The Client may be required to pay a non-refundable deposit before work on the project commences. The deposit amount and due date will be outlined in the project proposal and must be paid in full to secure War Daddy Designs'™ services.

3.3) Milestone Payments: The Client agrees to make milestone payments as specified in the project proposal or as otherwise agreed upon in writing. Milestone payments may be tied to specific project milestones or deliverables and must be paid in accordance with the agreed-upon schedule.

3.4) Final Payment: The Client agrees to make the final payment upon completion of the project and before delivery of the final deliverables. Final payment must be made within the timeframe specified in the project proposal or as otherwise agreed upon in writing.

3.5) Late Payments: Payments not received by the due date specified in the project proposal may be subject to late fees or penalties. The Client agrees to pay any late fees or penalties as outlined in the project proposal or as otherwise agreed upon in writing.

3.6) Currency and Method of Payment: All fees are quoted and payable in United States Dollar (USD). The Client agrees to pay invoices via the designated method of payment specified by War Daddy Designs™, which may include PayPal, credit card, or online payment platforms.

3.7) Taxes: The Client is responsible for any applicable taxes, duties, or other governmental charges related to the project fees. War Daddy Designs™ will provide invoices reflecting any taxes or fees payable by the Client.

3.8) Expenses: Any expenses incurred by War Daddy Designs™ in connection with the project, such as stock images, fonts, or third-party services, will be reimbursed by the Client in addition to the project fees. The Client agrees to reimburse War Daddy Designs™ for all approved expenses incurred during the project.

Payment terms agreement: By agreeing to these terms, both parties acknowledge and accept the payment terms for the graphic design project.

Ownership and Usage Rights:

4.1) Intellectual Property Rights: War Daddy Designs™ retains all rights, title, and interest in and to the final deliverables created as part of the project, including but not limited to any copyrights, trademarks, or other intellectual property rights.

4.2) Initial Ownership: War Daddy Designs™ retains ownership of all preliminary designs, sketches, concepts, and other intermediate files created during the design process. These materials are licensed to the Client solely for the purpose of evaluating the project and may not be used for any other purpose without War Daddy Designs™ written consent.

4.3) License to Use: Upon receipt of full payment, the Client is granted an exclusive, worldwide, perpetual license to use the final deliverables for any lawful purpose consistent with the scope of the project. The Client may not sublicense these rights to third parties.

4.4) Distribution: The Client will not sell, trade or otherwise distribute the final deliverables without the prior written consent of War Daddy Designs™. The final deliverables may only be used within one entity at any given time.

4.5) Designer's Portfolio: War Daddy Designs™ retains the right to display the final deliverables in their portfolio, website, social media accounts, and other marketing materials for self-promotional purposes. The Client grants War Daddy Designs™ a nonexclusive, royalty-free license to use the final deliverables for this purpose.

4.6) Moral Rights: War Daddy Designs™ retains moral rights in the final deliverables, including the right to be credited as the author of the work and the right to object to any derogatory treatment of the work that would harm War Daddy Designs™ reputation.

4.7) Exclusivity: Unless otherwise agreed upon in writing, the Client acknowledges that War Daddy Designs™ may provide similar services to other clients and that the final deliverables may be used by the Designer in connection with other projects.

4.8) Client Materials: The Client represents and warrants that it has the necessary rights, licenses, and permissions to use any materials provided to War Daddy Designs™ for inclusion in the project, including but not limited to trademarks, logos, images, and text.

Ownership and usage rights agreement: By agreeing to these terms, both parties acknowledge and accept the ownership and usage rights for the graphic design project.

Revisions and Approvals:

5.1) Revision Policy: War Daddy Designs™ agrees to provide the Client with the opportunity to request revisions to the initial design concepts and subsequent deliverables as outlined in the project proposal or as otherwise agreed upon in writing.

5.2) Number of Revisions: The project proposal may specify the number of revisions included in the project scope for each deliverable. Additional revisions beyond the agreed-upon limit may be subject to additional fees, which will be communicated to the Client in writing.

5.3) Feedback and Approval Process: The Client agrees to provide timely feedback on design concepts and deliverables presented by War Daddy Designs™. Feedback should be specific, constructive, and provided in writing or through a designated communication channel agreed upon by both parties.

5.4) Revision Requests: The Client may request revisions to the design concepts or deliverables within the scope of the project. Revision requests should be submitted in writing and clearly outline the desired changes or modifications. The Client shall be subject to additional fees for revisions that fall outside the scope of the original project.

5.5) War Daddy Designs™ Obligations: War Daddy Designs™ agrees to consider the Client's feedback and implement reasonable revision requests in a timely manner. War Daddy Designs™ reserves the right to exercise professional judgment in determining the feasibility and impact of requested revisions on the project timeline and scope.

5.6) Final Approval: Upon completion of the revisions, the Client agrees to review and provide final approval of the deliverables. Final approval indicates the Client's acceptance of the work as complete and satisfactory, subject to any remaining obligations under the terms of the agreement.

5.7) Client Responsibilities: The Client acknowledges that timely approval of design concepts and deliverables is essential to the progress of the project. Delays in providing feedback or approvals may impact the project timeline and delivery dates.

5.8) Rejection of Deliverables: If the Client rejects any deliverables as not conforming to the project specifications, War Daddy Designs™ will make reasonable efforts to address the Client's concerns and provide revised deliverables within a reasonable timeframe.

Revisions and approvals agreement: By agreeing to these terms, both parties acknowledge and accept the revision and approval process for the graphic design project.

Confidentiality:

6.1) Confidential Information: Both parties acknowledge that they may have access to confidential and proprietary information of the other party during the course of the project. Confidential information includes but is not limited to trade secrets, business strategies, client lists, financial information, and project details.

6.2) Non-Disclosure: War Daddy Designs™ agrees to keep confidential all information provided by the Client and shall not disclose, directly or indirectly, any confidential information to any third party without the prior written consent of the Client, except as required by law.

6.3) Use of Confidential Information: War Daddy Designs™ agrees to use the Client's confidential information solely for the purpose of performing the services outlined in the project proposal and shall take all reasonable precautions to prevent unauthorized disclosure or use of such information.

6.4) Protection of Confidential Information: War Daddy Designs™ shall implement reasonable security measures to protect the Client's confidential information from unauthorized access, use, or disclosure, including but not limited to encryption, password protection, and secure file storage.

6.5) Duration of Confidentiality: The obligations of confidentiality shall survive the termination or expiration of this agreement and shall continue for a period of two years from the date of disclosure of the confidential information.

6.6) Exceptions: The obligations of confidentiality shall not apply to any information that: (a) is or becomes publicly available through no fault of War Daddy Designs™; (b) was already in War Daddy Designs™ possession without an obligation of confidentiality prior to disclosure by the Client; (c) is independently developed by War Daddy Designs™ without reference to the Client's confidential information; or (d) is rightfully obtained from a third party without restrictions on disclosure.

6.7) Remedies for Breach: In the event of a breach of confidentiality by either party, the non-breaching party shall be entitled to seek injunctive relief, specific performance, or other equitable remedies, in addition to any other remedies available at law or in equity.

Confidentiality agreement: By agreeing to these terms, both parties acknowledge and accept the obligations of confidentiality for the graphic design project.

Termination:

7.1) Termination by Either Party: Either party may terminate this agreement upon written notice to the other party in the event of a material breach of the terms of this agreement by the other party, provided that the breaching party has failed to cure such breach within fourteen days of receiving written notice specifying the nature of the breach.

7.2) Termination for Convenience: Either party may terminate this agreement for convenience upon one days' written notice to the other party. In the event of termination for convenience, the Client agrees to compensate War Daddy Designs™ for all services rendered up to the date of termination, including any expenses incurred.

7.3) Effect of Termination: Upon termination of this agreement, War Daddy Designs™ shall cease all work on the project and shall deliver to the Client any completed deliverables and any work in progress. The Client shall pay War Daddy Designs™ for all services rendered and expenses incurred up to the date of termination, as outlined in the project proposal or as otherwise agreed upon in writing.

7.4) Survival: The provisions of this agreement that by their nature should survive termination, including but not limited to confidentiality, ownership and usage rights, and indemnification, shall survive termination of this agreement.

7.5) No Liability for Termination: Neither party shall be liable to the other for any damages, losses, or expenses arising from or related to the termination of this agreement in accordance with its terms, except as expressly provided herein.

Termination agreement: By agreeing to these terms, both parties acknowledge and accept the termination provisions for the graphic design project.

Liability and Indemnification:

8.1) Limitation of Liability: War Daddy Designs™ shall not be liable to the Client or any third party for any direct, indirect, incidental, special, or consequential damages arising from or related to the performance or non-performance of the services provided under this agreement, including but not limited to loss of profits, loss of data, or interruption of business, even if War Daddy Designs™ has been advised of the possibility of such damages.

8.2) Indemnification by Client: The Client agrees to indemnify, defend, and hold harmless War Daddy Designs™, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to: (a) the Client's use of the deliverables; (b) any breach of this agreement by the Client; (c) any violation of applicable laws or regulations by the Client; or (d) any third-party claims alleging infringement of intellectual property rights or other proprietary rights arising from the Client's materials or instructions.

8.3) Indemnification by War Daddy Designs™: War Daddy Designs™ agrees to indemnify, defend, and hold harmless the Client from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to: (a) any breach of this agreement by War Daddy Designs™; (b) any violation of applicable laws or regulations by War Daddy Designs™; or (c) any third-party claims alleging infringement of intellectual property rights or other proprietary rights arising from War Daddy Designs™ materials or actions.

8.4) Notice of Claim: The indemnified party shall promptly notify the indemnifying party in writing of any claims, actions, or proceedings for which indemnification may be sought under this agreement. Failure to provide timely notice shall not relieve the indemnifying party of its obligations under this agreement except to the extent that it is materially prejudiced by such failure.

8.5) Defense of Claims: The indemnifying party shall have the right to assume the defense of any claims, actions, or proceedings subject to indemnification under this agreement, provided that the indemnifying party shall not settle any such claim, action, or proceeding without the indemnified party's prior written consent, which shall not be unreasonably withheld.

Liability and indemnification agreement: By agreeing to these terms, both parties acknowledge and accept the provisions regarding liability and indemnification for the graphic design project.

Dispute Resolution:

9.1) Good Faith Negotiation: In the event of any dispute or disagreement arising from or relating to this agreement, the parties agree to first attempt to resolve the dispute amicably through good-faith negotiations. Each party shall appoint a designated representative to engage in discussions and seek a mutually acceptable resolution.

9.2) Mediation: If the parties are unable to resolve the dispute through negotiation within 90 days of the dispute arising, they agree to submit the dispute to non-binding mediation administered by a mutually agreed-upon mediator. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

9.3) Arbitration: If mediation is unsuccessful in resolving the dispute, the parties agree to submit the dispute to binding arbitration administered by a mutually agreed-upon arbitrator in accordance with the rules and procedures of International Court of Arbitration. The arbitrator's decision shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.

9.4) Governing Law: This agreement shall be governed by and construed in accordance with the laws of Georgia; United States of America, without regard to its conflict of law principles.

9.5) Jurisdiction: Any legal action or proceeding arising from or related to this agreement shall be brought exclusively in the courts of Georgia, and the parties hereby consent to the personal jurisdiction and venue of such courts.

9.6) Equitable Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to enforce its rights under this agreement in any court of competent jurisdiction.

9.7) Waiver of Jury Trial: Each party hereby waives any right to a trial by jury in any legal proceeding arising from or related to this agreement.

Dispute resolution: By agreeing to these terms, both parties acknowledge and accept the procedures for dispute resolution in the event of any disagreements or disputes related to the graphic design project.

Miscellaneous Provisions:

10.1) Entire Agreement: This agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral.

10.2) Amendment: This agreement may be amended or modified only by a written instrument signed by both parties.

10.3) Severability: If any provision of this agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

10.4) Assignment: Neither party may assign, transfer, or delegate any of its rights or obligations under this agreement without the prior written consent of the other party, except that either party may assign this agreement to its successor in connection with a merger, acquisition, or sale of all or substantially all of its assets.

10.5) Waiver: The failure of either party to enforce any provision of this agreement shall not constitute a waiver of such provision or any other provision thereof.

10.6) Relationship of the Parties: The relationship between the parties is that of independent contractors, and nothing contained in this agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.

10.7) Notices: Any notices or other communications required or permitted under this agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by registered or certified mail, or sent by overnight courier service to the address of the receiving party as set forth herein or such other address as may be designated by written notice.

10.8) Counterparts: This agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Miscellaneous provision: By agreeing to these terms, both parties acknowledge and accept the miscellaneous provisions governing the graphic design project.