Please thoroughly read all policies below. Each client is responsible for being aware of and agreeing to each and all policies listed below.
North Sail Design retains copyright ownership to all works created and grants to client a non-exclusive, perpetual and worldwide license to use and display the final deliverables in accordance with this agreement. The rights granted to client are for use of the final deliverables in its original form only. Client may not change, create derivative works or extract portions of the final deliverables. The designer retains the right to reproduce, publish and display the deliverables in designer’s portfolio and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses.
All works are digital and will be delivered to the clients email address. North Sail Design does not provide any tangible products, custom services, and digital deliverables only.
REFUND POLICY & CANCELLATIONS
Due to the nature of custom design work, payments are non-refundable to ensure the designer is being compensated for booking of schedule, time invested, and the final deliverables. Cancellations will be considered only if the request is made within 24 hours of placing the order.
The client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by the client will result in a day-for-day extension of the due date for all deliverables. If the designer waits beyond 45 days for any revisions and the project is at a standstill because of the client, the designer has the right to end the contract, update the estimate based on the designer’s current fees, or charge an additional fee to fit back into the designer’s schedule.
Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension for any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of god, etc., Any delayed project over 45 days due to client revisions or content turnaround will be subject to project price changes based on current rates or an additional fee will be required to fit the project back into the designer’s schedule.
All material considered confidential by either party shall be designated as confidential. Confidential information shall not be disclosed to third parties and shall only used as needed to perform this agreement. Confidential information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.
RELATIONSHIP OF THE PARTIES
The Designer is an independent contractor and shall determine, in its sole discretion, the manner and means by which the services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorized to act as an agent or bind the other party except as expressly stated in this agreement. The designer and the work produced or deliverables prepared by the designer shall not be deemed as work for hire as defined under copyright law. All rights granted to the client are contractual in nature and are expressly defined by this agreement.
REPRESENTATIONS AND WARRANTIES
The client represents and warrants to the designer that to the best of the client’s knowledge, use of the client content does not infringe the rights of any third party. The designer represents and warrants to the client that to the best of the designer’s knowledge, the deliverables will not violate the rights of any third parties. Except for the express representations and warranties stated in this agreement, the designer makes no warranties whatsoever.
North Sail Design not be held responsible for your files after 30 days. Please back up your files immediately upon downloading them. If your files need to be archived, recreated, or redelivered, there will be a fee to do so.
Photoshop and Photoshop knowledge is required to edit and use branding/marketing materials and templates.
ONGOING SUPPORT & SECURITY
While I will implement best practices for site security, ultimately you are responsible for the ongoing security of your website. I am not responsible for hacked or otherwise damaged websites, and I will not be liable to you or any third party for any damages arising out of or in connection with a hacked or otherwise damaged website, including lost profits, lost savings or other incidental, consequential or special damages. Any cleanup or other work as a result of a hacked or otherwise damaged website will incur my regular hourly and rush fees.
These terms of services are subject to change at any time without notification. By purchasing any file or service from North Sail Design, or paying a North Sail Design invoice you acknowledge reading and agreeing to this policy. If you have any questions, please contact us at NorthSailDesign@gmail.com.