
Graphic designer and illustrator based in Ecuador. I will help you communicate your message through fun artwork. Let's work together!
Terms of Service
1. Introduction
This agreement ("Agreement") is between Craneberri, a freelance graphic designer and illustrator ("Designer") based in Ecuador, and the client ("Client"). By hiring the Designer for graphic design and/or illustration services, the Client agrees to the following terms and conditions.2. Services Provided
The Designer will provide graphic design and illustration services, including but not limited to:
* Logo design
* Branding materials
* Website graphics
* Social media assets
* Print materials
* Custom illustrations
The Designer specialises in the style of illustration as shown in their portfolio. Any illustration work will be within the scope of the Designer’s artistic capabilities and style.3. Illustration Services and Style Limitations
* The Designer provides illustration services within the artistic style described and shown in their portfolio.
* The Designer does not provide services for highly realistic portraits or any other art style not represented in their portfolio. The Client acknowledges and accepts that all illustrations will adhere to the style and artistic techniques as demonstrated in the Designer’s past work.
* Any requests for art styles outside of the Designer’s demonstrated portfolio may be subject to additional discussions, and the Designer reserves the right to decline such requests.4. Payment Terms
* Currency: All payments will be made in USD.
* Rates: The Designer's hourly rate or project rate will be provided in the project proposal or contract.
* Payment Methods: Payment instructions will be provided upon project confirmation.
* Payment Schedule: A 50% deposit is required to begin work, with the remaining 50% due upon completion of the project before final delivery.
* Late Fees: Payments not received within 7 days of the due date will incur a 5% late fee for each week of delay.5. Intellectual Property & Ownership Rights
* Ownership of Final Designs: The Designer retains ownership of all designs, sketches, concepts, and any associated intellectual property until the full payment is received. Upon full payment, the Client receives ownership rights to the final design only.
* Draft Designs: All draft designs, sketches, and concept work remain the property of the Designer and may not be used, reproduced, or distributed by the Client without prior written consent from the Designer.
* Usage Rights: The Client is granted a non-exclusive, perpetual, and worldwide license to use the final design for the purposes agreed upon.
* Designer Portfolio: The Designer may include the final work in their portfolio or promotional materials unless the Client requests otherwise in writing.6. Revision Stages & Process
Revisions will be made in 3 distinct stages during the design process:
1. Stage 1: Research & Drafts (Black & White Concepts)
* In this stage, the Designer will present initial drafts in black and white based on all the information and data gathered.
* The first revision will take place during this stage. The Client may request changes to the proposed visuals.
* Once the Client approves the direction, the project moves on to the next stage.
2. Stage 2: Prototypes (Clean Coloured Designs & Applications)
* In this stage, the Designer will present the clean, coloured design with its many applications in both digital and analog formats (e.g., mockups, stationery, branding materials, etc.).
* The second revision will take place during this stage. The Client can request any adjustments to the coloured design or applications.
* After the second revision, the project moves to the final stage.
3. Stage 3: Final Delivery
* Once the second revision is approved, the Client will receive all final files for the design as per the agreed-upon scope of work.
* The Client is entitled to minor changes only after receiving the final files. These changes must be requested within 2 business days of receiving the files. After the 2-day revision window, no further changes will be made.
* The Designer will not provide backup services for any files after final submission.7. Final Approval and No Further Changes
* Once the Client has approved the final design and the work has been submitted, the Client fully accepts the completed work.
* No further changes, alterations, or revisions will be made to the design after final approval and submission.
* The Designer will not provide any backup services for the files once they have been submitted and final payment has been made. The Client is advised to keep copies of all final files for their records.8. Confidentiality
Both the Designer and Client agree to keep any proprietary information or confidential materials provided during the course of the project confidential. This includes business strategies, branding guidelines, design concepts, and other sensitive information, unless stated otherwise in writing by the disclosing party. Neither party will disclose any sensitive information to third parties without prior written consent, except as required by law.9. Project Timelines
The Designer will provide an estimated timeline for project completion. The Client agrees to provide necessary materials, feedback, and approvals in a timely manner to avoid delays. Any changes to the scope or timeline must be discussed and agreed upon in writing.10. Printing Disclosure
The Designer provides digital artwork and files for print production, and while every effort is made to ensure color accuracy, the Client acknowledges and accepts that:
* Due to the differences between digital screens (RGB) and print materials (CMYK), colors may vary slightly from what is displayed on the Client's screen.
* Variations may also occur due to differences in printing techniques, paper types, ink, and materials used in the printing process (e.g., offset printing). These variations are generally minor, but the Client accepts that slight differences may occur in the final printed materials.
* The Designer is not responsible for any discrepancies in color or appearance in the printed materials that arise due to these factors.11. AI & NFT Restrictions
* The Client agrees not to use any of the Designer’s designs, illustrations, or other works to train artificial intelligence (AI) models, generate NFTs (non-fungible tokens), or create any other derivative works for AI-based projects or cryptocurrency-related initiatives, without the Designer’s explicit written consent.
* Any unauthorized use for AI training or NFT creation will be considered a breach of this Agreement, and the Designer reserves the right to take legal action.12. Cancellation & Termination
* If the Client cancels the project before Stage 2 (Prototypes), the Client will receive a percentage refund of the initial 50% deposit, based on the work completed up until the point of cancellation.
* No refunds will be made to the initial 50% deposit if the project is cancelled after Stage 2 (Prototypes).
* If the project is cancelled after Stage 2, the Client is entitled to request the files created up to the point of cancellation, but the Client will not receive ready-to-print or ready-to-use artwork. They will only receive files of the work completed until cancellation.
* The Client is not entitled to any further work beyond what was already created, and no additional revisions will be made.13. Liability
The Designer is not liable for any direct, indirect, incidental, or consequential damages that may arise from the use of the final design. The Client assumes all responsibility for the use of the designs and any legal issues arising from the use of copyrighted or trademarked material.14. Dispute Resolution
In the event of a dispute, both parties agree to attempt to resolve the matter through amicable negotiations. If the dispute cannot be resolved, the parties agree to submit the matter to mediation or arbitration under the laws of Ecuador.15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Ecuador. Any legal action or proceeding under this Agreement will be conducted in Ecuador.16. Acceptance of Terms
By engaging the Designer’s services, the Client acknowledges that they have read, understood, and agreed to the terms set forth in this Agreement.