Terms of Service
These terms of service form part of any agreement between Naomi Designer, accessible at https://naomidesigner.com, hereinafter referred to as the “Designer,” and the Client.
It is agreed by and between the Client and the Designer as follows:
1. Acceptance
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
By accepting a quote from the Designer, the Client is deemed to have accepted these terms and conditions in full.
2. Charges
Unless otherwise agreed with the Client, all design and site implementation services require an advance payment of the project quotation total before work commences. The remaining balance will be charged prior to the delivery of approved files or before uploading the project to the server. Payment for services is due by bank transfer or other methods as informed via email.
3. Client Review
The Designer will provide the Client with an opportunity to review the appearance and content of their project during the design phase. After the project is delivered, the materials will be deemed accepted unless the Client notifies the Designer within ten (10) days of delivery.
4. Required Project Content
To ensure efficiency, if the Client fails to provide the required information within one day of project commencement, the Designer reserves the right to close the project. Written content must be provided in a document or as text in an email; photographs of written content are not accepted.
5. Payment
Invoices will be provided by the Designer upon project completion but before publishing the live project. Invoices are usually sent via email, but the Client may request a copy via WhatsApp or Telegram at the project’s start.
6. Web Browsers and Devices
For website projects, the Designer is not responsible for web pages that do not display correctly in new versions of browsers released after the project has been handed over. The Designer reserves the right to quote for any work needed to update the project design or code to work with updated browser software.
7. Monthly Package Service Provision
The Client may cancel at any time without a refund for amounts already paid. Services can be utilized until the end of the paid month, provided there is enough time for work and delivery.
8. One-Time Service Provision
Service provision ends with the final delivery of approved digital art, logos, or site installation on the Client’s hosting service. If the Client fails to respond for more than 10 days, the project is considered completed, and no refunds will be provided.
9. Cancellation and Refunds
- Before Approval or Rework: The refund is 50% of the amount paid if the cancellation is requested before any rework or approval of the artwork.
- Conditions for Refund: The Client must email [email protected] within 10 days of the last communication, providing the reason for cancellation and bank information for the refund. PayPal refunds will only be processed after 3 months.
- Non-Communication: Clients who do not contact us for more than 10 days will not receive a refund. No artwork files will be sent to clients who request cancellation. Clients are prohibited from using any prototype developed.
10. Indemnity
All services may be used for lawful purposes only. The Client agrees to indemnify and hold the Designer harmless from any claims resulting from the use of our service that damages the Client or any other party.
11. Copyright and Project Information
The Client retains copyright to data, files, and graphic logos provided and grants the Designer the right to publish and use such material. The Client must obtain permission and rights to use any third-party copyrighted material.
For logo and graphic design projects, the Client must ensure that all text and information to be included in the design are final and confirmed before hiring the Designer. The Designer will not be responsible for changes to the business name or other critical information after the project has commenced. Any such changes requested after the design process has started will be considered a new project and may incur additional charges.
12. Design Credit
The Client agrees that the project may be presented in the Designer’s portfolio.
Upon full payment of the project, the Client will own all rights to the design. Only then will the Designer transfer all intellectual property rights to the Client, ensuring that the Client has full ownership and control over the final design.
13. Access Requirements
For website work, the Client must provide hosting service information, including link, login, and password.
14. Post-Placement Alterations
The Designer is not responsible for any alterations to the Client’s pages made by a third party once installed.
15. Domain Names
Payment and renewal of hosting services and domain names are the Client’s responsibility. The Designer is not liable for loss or cancellation of domain names due to non-payment.
16. General
These Terms and Conditions supersede all previous agreements. The Client’s payment of an invoice constitutes acceptance of these Terms and Conditions.
17. Governing Law
This Agreement is governed by Brazilian Law, under the jurisdiction of the São Paulo city court. Each party agrees that the courts of São Paulo have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
18. Liability
The Designer shall not be liable for any:
- Loss of revenue;
- Loss of actual or anticipated profits;
- Loss of contracts or business;
- Loss of opportunity, goodwill, or reputation;
- Loss, damage, or corruption of data;
- Any indirect or consequential loss;
- Loss or damage caused by inaccuracies, omissions, delays, or errors in the production of the website;
- Loss or damage to the Client’s artwork/photos supplied for the website.
20. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, fulfilling the original intent of the Agreement.
