Terms of Service

These are my standard terms of service for any design project. Have a good read through, and if anything jumps out at you as a potential issue, let me know before the project begins and we can discuss any alterations that might be needed for your particular project.

Payment

Deposits, final payments and delivery

I reserve the right to request a 50% deposit prior to starting work on your project. If a deposit is requested, an invoice will be generated and delivered to you via email and payment is expected within 30 days of issue. By remitting deposit funds you are accepting these Terms of Service and entering a contract with Waypointe Creative.

I will invoice for the remaining cost of the project and associated services prior to the release of any logo files or final exports. I reserve the right to withhold delivery until payment has been received in full.

I reserve the right to invoice prior to the time detailed if you have been uncontactable or unresponsive for more than 30 days.

You reserve the right to request a payment plan which may be accepted at my discretion. All payment plans must be agreed to by both parties in writing.

All payments are to be made within 30 days of issue.

I reserve the right to charge you for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.

Typefaces

Licensing of any used fonts or typefaces

Any fonts/typefaces that are purchased for the final design and/or supporting brand identity assets are subject to commercial licensing laws. A font/typeface licence gives only the owner full rights to use the font/typeface as necessary.

In my initial presentation of concepts, I will provide information on the typefaces used and where they can be acquired. It is the responsibility of the client to acquire any necessary font licenses (paid or unpaid), so please bear this in mind when approving designs.

It is against the law for me to provide any client a copy of any font/typeface that I own and have personally purchased.

If you would like to use a copy of a font/typeface that I have purchased for commercial use, you must purchase the respective font/typeface licence and register it in your name.

Typically, a font used in a logo will not need to be licensed, as the graphics are converted to vector artwork and can no longer be edited. However, should you require a font to use in your own artwork for editing purposes—such as on a website or in print—you will need your own license through a desktop license purchase.

Restrictions

Restrictions to the signing of this agreement

These Terms of Service do not give you the rights or permission to use, modify, alter, replicate, or borrow any of the previous ideas, concepts, or sketches that I present. All original preparation materials, sketches, visuals, and unused ideas shown and considered will remain the property of Waypointe Creative.

I am free to use these unused and previous ideas for future conceptual and client work. Where a previously unused idea/design retains a similar look and style to the finished logo, I will repurpose and style it so that the end design is sufficiently different as to not cause conflict.

Unless otherwise agreed and arranged, I reserve the right to showcase the finished logo and associated designs in my portfolio and in any number of online galleries, showcases, awards, and printed literature including books and magazines, now and in the future. Associated designs and artwork can include commercial print design, business cards, stationery, signage, desktop icons, mobile app icons, and other related imagery.

Any supporting artwork and designs required by this project can be used by me for personal and professional reasons.

You are free to change, modify, and adapt the finished logo design as you see fit, but you do so at your own risk.

Ownership & Copyright

All preparation materials, sketches, visuals, and electronic files used to create the project remain the property of Waypointe Creative. The final artwork/digital files will become your property only upon final payment of the project.

If final payment is not received as agreed, all designs and concepts will remain the property of Waypointe Creative until payment is received.

If there are issues with final payment, I reserve the right to reuse or amend any of these ideas for other clients or to use them freely as concepts in my portfolio.

Should the client attempt to use, modify, alter, replicate, or steal any of my ideas without making the agreed final payment, I will take immediate legal counsel.

Waypointe Creative reserves the right to show any artwork, ideas, or sketches created for this project in a portfolio as examples of client work. If you have any specific secrecy, stealth mode, or NDA requirements, please mention this before agreeing to the proposal.

Final payment ensures that only the agreed logo design becomes your property. Any previous ideas or concepts remain mine unless a prior agreement has been made.

Trademark & Copyright

Due to the lengthy and often costly procedures required to initiate any form of trademark, copyright, or legal name search, I am unable to provide practical help with this.

If you require the logo to be registered as a trademark, you must seek your own legal advice.

Brand Naming

You take full responsibility for ensuring that your company/product/name is legally free and available before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible, and I am not legally responsible for any problems thus arising.

Please ensure the name you are using is legally safe before committing to a logo project. Project name changes during a project are costly, challenging to implement, and cause significant delays.

If a change of name is required mid-way through a project and significant logo exploration work has already been presented, I will need to recalculate the total cost of the project to allow for the reworking involved.

Cancellation

Cancellation during the project

If you choose to cancel the project midway through, where ideas and proposals have been submitted, refund of previous payment is not possible. However, depending on the work completed and overall budget, a portion of the funds may be returned.

If I fall ill or am unable to complete the project due to unforeseen circumstances, a portion of the overall budget will be returned. In most cases, the complete amount will be refunded. If any works completed so far can be used for another designer to pick up, then a percentage will be refunded based on work completed.

Project Suspension

I reserve the right to suspend any project if there is interference through excessive micromanaging, a continued lack of trust, inability to move forward after showing a reasonable number of unique design ideas, or reluctance to pay the final payment.

Fair notice will be given with a fair chance to remedy the situation. Any suspension or termination will not result in refunds, and all designs and work developed remain the full ownership of Waypointe Creative.

Force Majeure

In the event I fail to perform any obligation pursuant to these Terms of Service due to an act of God, government action, terrorism, riot, war, accident, material shortage, transportation issues, or any cause beyond my control, such failure shall not be deemed a breach of these Terms of Service. You will be notified of the reason for non-performance, and I will resume work as soon as the force majeure event concludes.

Limitation of Liability

Loss or damage

You agree and accept that Waypointe Creative is not legally responsible for any loss or damage suffered or incurred related to use of any of my services, whether from amendments, errors, or omissions in documents, designs, information, or any goods or services offered by me. This includes your use or reliance on any third-party content, links, comments, or advertisements. Your use of any information or materials I produce is entirely at your own risk.

You acknowledge that such information and materials may contain inaccuracies or errors and expressly exclude liability of Waypointe Creative for any such inaccuracies or errors to the fullest extent permitted by law.

I affirm that all designs presented to you will be original and, to the best of my knowledge, will not infringe or plagiarize any other work. I will perform limited checks to ensure that my work has not unintentionally infringed on another’s design, including limited checks against the WIPO database and reverse image searches. However, I assume no legal responsibility for any loss or damage related to legal issues regarding originality or authenticity. You agree to perform your own checks and due diligence. If you have concerns, please discuss them with me before work begins.