Terms & Conditions
Terms & Conditions for Dilan Design products and services.
The terms and conditions apply to all dealings between the Client and Dilan Design, LLC. By placing an order or working with Dilan Design, LLC, you as a Client are forming a legally binding contract and you agree to the following terms & conditions.
- A 50% non-refundable deposit is invoiced prior to project commencement. When the deposit payment is received, Dilan Design, LLC begins your project.
- Invoice amount is required to be paid within 15 days of the date of invoice.
- All work presented to you during the project is in draft format and final payment is required prior to releasing final digital files.
- Australian residents are required to make payment via direct deposit or credit card. Alternative payment methods can be discussed directly with Dilan Design, LLC. International Clients can make payment via PayPal and are required to make payment in full prior to any project commencement.
- Depending on your project (for larger jobs) Dilan Design, LLC may propose milestone payments.
- Any additional work not quoted, or outside the original scope relating to the project will be charged at an hourly rate.
- The designer (Johnnier Dilan Ramirez III of Dilan Design, LLC) remains the copyright holder of the artwork (including the designs first presented and not chosen), unless there is an agreement to the contrary in writing.
- Artwork cannot be modified without the permission of the original creator.
- Dilan Design, LLC retains personal rights to use completed projects and concept artwork for the purpose of marketing unless there is a specified agreement between the client and Dilan Design, LLC or before promotions/launches. To know more about copyright, please visit www.copyright.gov
CANCELLATIONS & INCOMPLETE PROJECTS
- Payment is required for any artwork or drafts that have been terminated on your request at any stage of development prior to completion and an invoice will be issued as ‘work to date’.
- In the event of a project cancellation, Dilan Design, LLC retains ownership of all copywrite and original artwork.
- Any concepts, designs or ideas not chosen by the Client remain the property of Dilan Design, LLC and may be offered to other Clients.
CORRECTIONS / REVISIONS
- The Client is allowed two rounds of revisions to their project included in all quotations. Any authorized corrections or amendments outside of the quotation or nominated 2 sets of revisions, are charged at an hourly rate.
- Any mistakes, grammatical errors or mis-spelled words not picked up by the client during revisions will not be the responsibility of Dilan Design, LLC.
- Dilan Design, LLC makes every effort to deliver concepts to suit the Client’s brief. If the Client is not happy with the concepts provided by Dilan Design, LLC and the amends do not fall within minor ‘revisions’ to the project, the Client can pay for further concepts to be developed or choose to not proceed, and pay for ‘work to date’.
Prices valid for 30 days from date on your quote issued.
LABOR / HOURLY RATE
This is an estimate of the time and labor required to complete your project. Throughout the development of the project, we will alert you to the total number of hours spent on the project by giving you a report at 50%, 75%, and 100% of the estimated hours quoted. Any labor required over the quoted amount and all communications, travel, or meetings will be billed at the hourly rate. We reserve the right to renegotiate the contract should the project go over the allotted time we’ve outlined above. This contract is a rough estimate, and if “project creep” occurs we have the right to fairly renegotiate the contract and its terms.
The designs, original artwork, electronic proofs, print-ready PDFs, and all other files created by Dilan Design, LLC. are protected by Federal Copyright Law and may not be reproduced, manipulated, re-worked for other purposes, edited, submitted to any contests, or shared in any manner without our explicitly written permission. We retain the right to make reproductions for our portfolio, samples, self-promotion, professional competition and review, and website even if the artwork release has been purchased.
All websites designed or developed by Dilan Design, LLC. can include a small “website by Dilan Design, LLC.” note in the footer with a link to our website for a percentage off the total cost of the project. We are happy to provide a reciprocal link to your site in our Client List section. While all website design and all coding is done by Dilan Design, LLC., in rare circumstances programming services may be delegated to another firm or independent contractor. In such a case, you agree not to hire, delegate, engage, employ, retain, secure the services of, contract with, or enlist the services of the firm or independent contractor for a period of 2 years following the date on this contract.
You agree never to share any of Dilan Design, LLC.’s concepts, art, or work with outside designers, businesses, or agencies. This includes, but is not limited to, design concepts, sketches, electronic proofs, and photography.
All orders are subject to cancellation fees: 100% design fee if any work has been done; 100% design plus 15% of the total printing price if the job has been sent to print but not yet printed; 100% of the invoice amount if the job has already printed. Jobs placed on hold for over 30 days will be considered cancelled and cancellation fees will apply. If you choose to reopen the order within 30 days from the invoice date showing cancellation, the applicable fees will be credited to the completion of your reopened projects.
All tangible personal property (unless non-profit) is subject to Florida Internet Sales Tax if your company has an office or location within Florida.
PAYMENTS & LATE FEES
Final payment must be received by Dilan Design, LLC. within 15 days of the invoice date. A late fee of $45 or 1% total invoice amount (whichever is greater) will be applied on the first day of each week past 30 days from invoice date. After 60 days of non-payment, the invoice will be forwarded to a collections agency, which will report the debt to creditors.
All sales are final. A 6-month credit will be offered for any over payments due to a change of initial project scope.
You agree to indemnify, defend and hold harmless Dilan Design, LLC., our independent contractors, affiliates, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including attorneys’ fees) related to any artwork or programming that you supply or approve. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with us to the fullest possible extent.
RIGHT OF WITHDRAWAL
Dilan Design, LLC.’s discovery of new information, changes, or other factors tending to circumvent our policies could result in our withdrawal. Non-cooperation; multiple missed appointments; bad or returned checks or late payments are examples of contributing factors. Should Dilan Design, LLC. initiate the withdrawal, all fees and payments will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, the hourly rate is billed for all design services already provided, rounded up to the nearest half-hour.
You agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance, or breach of this agreement will be settled by arbitration to be held in Palm Beach County, Florida in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The person signing as Purchaser below or their Company and Dilan Design, LLC. will each pay one-half of the costs and expenses of such arbitration, and each will separately pay its respective counsel fees and expenses.
By signing this agreement, a quote, or approving a job from Dilan Design, LLC., you acknowledge that you have carefully read, understand and fully agree to the terms and conditions. Any details not included in writing in this agreement are not binding upon either party. Should the details of this agreement be contested and result in arbitration or litigation, the prevailing party is entitled to recovery of all reasonable legal expenses. The person signing as Purchaser below will be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. The laws of the state of Florida will govern this agreement and the courts of Palm Beach County, Florida will have jurisdiction.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.