Terms of service
[01]
Overview
1.1 / Project-Based Services
SHΞV provides one-time design projects with clearly defined scope and deliverables. Each project receives a custom quote based on specific requirements, with timeline and milestones agreed upon before project commencement. The number of revision rounds will be specified in each project agreement, and final payment is required before delivery of final files.
[02]
Services Terms
2.1 / Project Terms
A written project agreement is required before any work begins. SHΞV requires a 50% deposit to secure your project slot, and the project timeline begins upon receipt of both the deposit and all required materials. Rush fees apply for projects requiring less than SHΞV's standard turnaround time. Any additional revisions beyond the agreed scope will be billed at SHΞV's standard hourly rate.
[03]
Scope of Work
3.1 / Included Services
SHΞV's services encompass complex 3D rendering and motion design, brand identity design, marketing materials, social media graphics and templates, website design (visual only), digital advertising assets, print design and production files, and experiential design.
3.2 / Excluded Services
The following services fall outside SHΞV's standard scope: web development or coding, content writing or copywriting, photography or photo shoots, mobile app development, and strategy consulting (unless specifically included in your agreement).
[04]
Client Responsibilities
4.1 / Required Materials
Clients must provide a comprehensive project brief, existing brand guidelines and assets (if applicable), all content, copy, and messaging, high-resolution images and graphics, and timely feedback and approvals within agreed timeframes.
4.2 / Communication
SHΞV requires a designated single point of contact for each project. Clients must respond to design concepts within 3 business days and provide clear, consolidated feedback and revision requests. Availability for scheduled check-ins and reviews is essential for project success.
[05]
Intellectual Property
5.1 / Rights and Ownership
Upon receipt of final payment, clients receive full ownership rights to all final deliverables. Preliminary concepts and rejected designs remain the property of the designer. SHΞV retains the right to display completed work in SHΞV's portfolio. Clients warrant ownership of all materials provided to SHΞV and are responsible for all trademark and copyright clearances.
5.2 / File Delivery
Final files will be delivered in the formats specified in your agreement. Source files are included as specified in the agreement, with additional file formats available for an additional fee. All files will be delivered via secure transfer method.
[06]
Revisions and Changes
6.1 / Project Revisions
The number of revision rounds will be specified in each project agreement. Minor revisions within the original scope are included in the project fee. Major direction changes constitute a scope change and will be quoted separately. Additional revisions beyond those included will be billed at SHΞV's standard hourly rate. All revision requests should be consolidated to ensure efficient workflow.
6.2 / Scope Changes
Any modifications to the project scope require written approval. SHΞV will provide a quote for additional fees before proceeding with scope changes. Timeline adjustments will be communicated promptly, and the original agreement will be amended in writing to reflect any changes.
[07]
Payment Terms
7.1 / Project Payments
Projects require a 50% deposit upon agreement signing, with the remaining 50% due before final file delivery. SHΞV operates on Net 15 payment terms. Late payments incur 1.5% monthly interest, and work will pause for overdue accounts.
7.2 / Retainer Payments
Monthly retainer payments are due on the agreed date each month. It is strongly recommended to set up auto-payment to avoid service interruptions. Late payments will result in suspension of services. Overage hours are billed monthly, and clients on annual agreements may be eligible for discounts.
[08]
Cancellation and Termination
8.1 / Project Cancellation
Clients may cancel projects with written notice. Cancellation fees are based on work completed: 25% of project fee if cancelled before concept presentation, 50% after concept approval, and 100% after final approval. All completed work remains client property upon payment of applicable fees.
[09]
Confidentiality
Both parties agree to maintain confidentiality of all proprietary information shared during the course of our working relationship. SHΞV ensures secure handling of all client materials and to keep project details private unless specifically authorized to share. This confidentiality obligation survives termination of our agreement. A specific NDA is available upon request.
[10]
Liability and Indemnification
10.1 / Limitation of Liability
SHΞV's liability is limited to the fees paid for the specific project in question. SHΞV assumes no liability for indirect or consequential damages and makes no guarantee of specific business outcomes. Clients agree to indemnify SHΞV for any claims arising from content they provide.
10.2 / Insurance
SHΞV maintains professional liability insurance, errors and omissions coverage, and general liability coverage. Certificates of insurance are available upon request.
[11]
General Terms
11.1 / Independent Contractor
SHΞV operates as an independent contractor, and no employment relationship is created by these terms or any project agreement. Each party is responsible for their own taxes and business expenses. No benefits or employee rights are implied or created by our working relationship.
11.2 / Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, pandemic, or war. Timeline extensions will be granted as needed, and both parties will make good faith efforts to minimize any impact.
[12]
Dispute Resolution
In the event of a dispute, direct negotiation between parties is the first step. If negotiation fails, both parties agree to attempt mediation before pursuing other remedies. As a final resort, disputes will be settled through binding arbitration. This agreement is governed by the laws of New York State, and each party bears their own legal costs unless otherwise determined in arbitration.
[13]
Modifications
These terms may be updated with 30-day notice to active clients. Project-specific agreements supersede these general terms where applicable. Any special arrangements must be made in writing. Continued use of SHΞV's services after notification of changes constitutes acceptance of modified terms.
[14]
Entire Agreement
These Terms of Service, together with any signed project agreements or retainer contracts, constitute the entire agreement between parties and supersede all prior agreements and understandings, whether written or oral.
By engaging SHΞV's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.