Terms & Conditions

It is my desire to make certain my clients are satisfied with their purchase and know what to expect during the entire design and production process of their project. The following document is offered to clarify our terms of working together. Purchase of a graphic design, web design or other design project from Design for Creative Souls infers agreement to the contents of this page. Consequently, the following terms and conditions apply to all products, packages and services provided by Design for Creative Souls. All work is carried out by Design for Creative Souls on the understanding that the client has agreed to these terms and conditions.

Work Hours & Schedule

As a creative and solo business owner, my hours can sometimes be erratic. I am striving to keep normal business hours. But from time to time you may see me answering emails and updating a website build after hours. In general, do not rely on me responding to your communications or working on your project after 6pm on weekdays or on weekends. My normal business hours (Easter Time):
  • Monday – Friday: 10AM – 6PM
  • Saturday & Sunday: Closed
Design projects are placed on my work calendar on a first-come, first-served based, and not until the required signed contract, deposit, and agreed upon information (client homework) are delivered to me.
How to Contact Me
After you have signed your contract and your project is placed in my work queue, you will be provided with detail information how to communicate with me during the duration of your project. However if you’d like to communicate with me outside of a design project I am creating for you, please contact me via the contact form on this page so I don’t miss any of your questions or communications.

Payments & Refunds

Payments

All dollar amounts mentioned on this website, on social media and on invoices/proposals are in U.S. dollars. DFCS accepts payments through Stripe credit card services and PayPal.

Deposits

Before work can begin on a project, a 50% deposit of the quoted fee is due immediately after the Client signs the written contract. The remaining 50% is due before any final work can be released and delivered to the Client.

If requested, a payment plan of between 3 and 4 payments (total) is possible. This request must be mentioned before the project proposal is delivered so a payment schedule can be included.

Cancellation of Work

If it is believed that the Client, their website, or their material/content is illegal, immoral, or otherwise unacceptable, DFCS reserves the right to refuse or to break a contract without any prior notice. If a contract is terminated on behalf of DFCS, a full refund will be issued to the Client.

Refunds

With every project delivered, it is the goal of DFCS is that the Client is 100% satisfied with the work.

However, due to the creative and digital nature of the services offered, payment is not only for the agreed upon products and/or services, but also for time, talent, experience and design abilities. Consequently, all sales are final and any payment(s) made by the Client is non-refundable.

Having said that, the Client has up to 24 hours after paying the initial deposit and signing the contract to cancel the project and receive a 100% refund. After that 24 hour period, no refund is possible.

Copyright

This website along with all design, code, graphic elements and information it contains are the property of Design for Creative Souls. All rights reserved.

If You Wish to Use My Content

If you use my content elsewhere, please be sure to refer to Design for Creative Souls, and link back to the original post or web page when applicable.

Free Downloads & “Freebies”

DFCS occasionally provides free graphics, templates, and downloads. You may not resell, package or distribute these downloads (“freebies”) as your own. Nor are you allowed to upload them to other websites without express written permission from Kerry Boan and Design for Creative Souls.

If you would like to promote or share these free files, please link back to the original post or web page.

Your Work

If you find that I have used your work but haven’t credited you properly, please contact me via my contact page and I will resolve the issue immediately.

Copyright of Services & Product

When you hire DFCS for a service or product, copyright of that work is retained by DFCS including copy, concepts, ideas, proofs and illustrations until after all invoices have been settled and paid in full by the Client.

If multiple design concepts or proofs are submitted to the Client, only one concept is deemed to be given by DFCS as fulfilling the contract. All other designs, concepts, illustrations, copy, ideas and proofs remain the property of DFCS, unless otherwise agreed upon in writing.

Content You Provide 

The Client represents to DFCS and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to DFCS for inclusion in the Client’s project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend DFCS from any claim or suit arising from the use of such elements furnished by the Client.

Client Responsibilities

It is the responsibility of the Client to make certain these terms and conditions of service have been read and understood and that the Client complies with said terms and conditions before completing their purchase with DFCS. If you have any questions regarding these terms and conditions, please contact me.

After the initial consultation via Zoom,  to protect the interests of both the Client and DFCS, and avoid any potential miscommunication, DFCS asks that all contact be carried out via the client portal provided by DFCS. If this is impossible due to the complexity or nature of the communication, then immediately after the Zoom call, a summary of the conversation will be provided by DFCS to the Client. In this way, a written record of all conversations is preserved.

Unless otherwise indicated on a specific service or package description found on this website, the fees for any service or product provided by DFCS will be set out in a written quote or contract that is provided to the customer. Once delivered, this written quote and contract is valid for 2 weeks.

A copy of the written quote/contract will be provided to the Client, who must sign, date and return the contract to DFCS before work on their project can begin. Doing so indicates the acceptance of the written quote by the Client and the Terms and Conditions outlined on this page.

At the time the Client signs the written quote/contract, a non-refundable deposit of 50% of the quoted fee is due immediately.

In addition, the Client accepts that all resources, assets and information (client homework) deemed as a requirement by DFCS to complete the project must be provided by the Client before work on your project can begin.

If the Client has not provided the requested resources, assets, and information for the work within 60 days of the signed contract, the project may be cancelled at the discretion of DFCS, and be subject to the conditions set forth in these terms and conditions regarding cancelled work.

Any work that is outside the scope of the written quote/contract will require either a separate written contract, or a revision of the current written contract.

Once work begins on a project, it is the Client’s responsibility to be available via email to provide input, answer questions and give feedback and approval in a timely fashion. The Client is expected to avoid any unnecessary delays that will increase the timeframe work for a project is delivered.

The Client agrees to provide web hosting, social media and other website passwords and usernames to DFCS so the agreed upon services and/or products can be delivered in a timely manner.

Privacy

Along with passwords and usernames, the design process also requires that DFCS collect information regarding the Client’s name, email address, contact information, etc. All information collected during the course of work on and delivery of any products and services remains private and will never be shared with a third party.

Liability & Errors

DFCS will not take responsibility for any copy or design errors committed on the part of the Client. It is the responsibility of the Client to carefully proofread and review all graphic designs, web designs, artwork, copy, text, scripts, videos, etc.

In addition, DFCS is not responsible for incorrect dates or misspelled words submitted by the Client. Under no circumstances will a refund or redesign be honored for an error submitted by the Client. Any revision, edit or change is requested due to an error on the part of the Client will require a new written quote and contract.

DFCS will not be held responsible for any loss or damage sustained by the Client as a result of the use of materials created or supplied by DFCS. All work created and produced by DFCS will be considered approved for use by the Client prior to being released and delivered to the Client.

The maximum liability of DFCS under any circumstances shall not exceed the paid amounts as outlined in the written quote and contract.

The Contract

Once the product and/or service is delivered to the Client, the contract with the Client is considered complete by DFCS. The Client may not ask for additional changes or embellishments without being invoiced for new work and charges.

These Terms and Conditions are subject to change without notice.