Terms of Services

These terms of service are deemed to form part of any agreement of service between Naomi Designer, from website https://naomidesigner.com, also designated as Designer in this document, and the Client.

It is agreed by and between the Client and the Designer as follows: 

Acceptance 

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply.

If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

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.

Charges 

Charges for services to be provided by the Designer are defined in the project quotation that the Client receives via e-mail.

Unless otherwise agreed with the Client, all design, and site implementation services require an advance payment of the project quotation total before the work is supplied to the Client for review.

The remainder will be charged prior to approved files delivery or prior to upload of a project to the server. Payment for services is due by bank transfer or other methods informed to you by e-mail.

Client Review

The Designer will provide the Client with an opportunity to review the appearance and content of their project in the design phase.

At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies the Designer otherwise within ten (10) days of the date the materials are made available to the Client.

Failure to provide required project content:

In order to remain efficient, the Designer must ensure that work we have scheduled is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.

If you agree to provide us with the required information and subsequently fail to do, within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.

We do not accept photographs of the written content. Please send written content as a document or text inside an e-mail.

Payment

Invoices will be provided by the Designer upon completion, but before publishing the live project. Invoices are normally sent via email; however, the Client may choose to receive a copy in their WhatsApp or Telegram. If so, they are welcome to inform us in the beginning of the project.

Additional Expenses

The Client agrees to reimburse the Designer for any additional expenses necessary for the completion of the work. Before the purchase of any additional expense, we ask the Client for their approval.

Examples would be the purchase of special fonts, stock photography from different suppliers than the one I already use, etc.

Web Browsers and devices

For website projects, the Designer cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the project have been designed and handed over to the Client. As such, the Designer reserves the right to quote for any work involved in changing the project design or project code for it to work with updated browser software.

End of service provision when we are hired on a monthly package

The Client can ask for cancellation at any time. There will be no refund in paid values. You can use your package until the end of the month to which you have paid. That means, you can ask for services until the end of the month to which you have paid, as long as there is enough time for work and delivery.

End of service provision when we are hired for each service

  1. Completion by final delivery for contracts.
    • For projects creating various digital arts or logos: our provision of services ends with the delivery of the final files of the approved art(s), via online, to the Client;
    • Unless otherwise agreed with the Client, for projects creating and implementing sites, our provision of services ends with the site installation in the hosting company hired by the Client.
  2. Termination when the customer does not respond. For any service we provide, when the Client takes more than 10 days to respond with an approval on a project, or takes more than 10 days to answer our communication, then the project is considered completed. No amount has already been paid will be returned.
  3. Termination due to cancellation requested by the Client BEFORE any request for rework and BEFORE approval of the artwork.
    • The refund is 50% of the amount paid.
    • There are the following requirements: (a) Client makes a request to the email [email protected], with the reason for cancellation and their bank information for receive the refund. (b) The cancellation request has to be within 10 days after our last communication. (c) if you paid by credit card, or paypal, refund will only happen after 3 months.
    • Customers who do not contact us for more than 10 days will not receive a refund.
  4. We do not send artwork files to customers who have requested cancellation. The customer requesting a refund is prohibited from using any prototype we have developed, even if it is for modification by another designer.

Indemnity

All the Designer’s services may be used for lawful purposes only. You agree to indemnify and hold the Designer harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants the Designer the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.

Design Credit

The Client also agrees that the project developed for the Client may be presented in the Designer’s portfolio.

Access Requirements

If the Client is hiring me for website work, they need to have hired a plan in a hosting company before hiring the service.

The Designer will need information about: link, login and password in order to access your hosting company.

Post-Placement Alterations

The Designer cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed.

Domain Names

Payment and renewal of hosting companies and domain names is the responsibility of the Client.

The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of the Designer.

General

These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client’s payment of an invoice constitutes agreement to and acceptance of these Terms and Conditions.

Governing Law

This Agreement shall be governed by Brazilian Law, under the jurisdiction of the São Paulo city court.

Each party irrevocably agrees that the courts of São Paulo shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject or formation.

Liability

Naomi Designer shall not be liable under or in connection with these Terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website; or (j) loss or damage to the Client’s artwork/photos supplied for the website, whether as a result of negligence or otherwise.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed to best effectuate the original intent and purpose of this Agreement.