Terms & Conditions

Below are Eduardo Limón, Brand Designer (throughout this document will be referred to as Eduardo Limón) standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with Eduardo Limón. Please also note that from time to time Eduardo Limón may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.

 

Commencement of work

Agreement to work with, submission and payment of a deposit (if applicable) to Eduardo Limón constitutes agreement to these terms and conditions.

 

Payment Terms

“The Client” agrees that once the fist payment for any subscription plan is done, the services will start applying for the duration of one month. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client,” this deposit is non-refundable. Eduardo Limón endeavors to provide content and creative services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial payment is forfeited. The subscription plan will be only stop by request of “The Client”.

 

Work Case Studies & Design samples

“The Client” agrees to allow Eduardo Limón to showcase any/all work created in the course of a project as part of Eduardo Limón portfolio. Eduardo Limón acknowledge the confidential nature of projects and agrees to only display project work once product/service has been publicly launched.

Eduardo Limón will first send an email to “The Client” requesting approval to do so. Under no circumstances, Eduardo Limón will publish content without “The Client” consent.

 

Force Majeure

Eduardo Limón shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Eduardo Limón. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

 

Scope of Work

Eduardo Limón may make any changes to the Scope of Work, design, materials or functionality of the deliverables or provision of the Services: (a) which are required to comply with any applicable legal or regulatory requirements; (b) are required or advisable to prevent the services and/or deliverables infringing third party rights, including Intellectual Property Rights; or (c) which in Eduardo Limón’s reasonable opinion, do not materially affect the quality or performance of the Services.

If at any time “The Client” wishes to make any alterations to all or any part of the services including the Scope of Work, and/or Customer Materials and/or data then “The Client” will provide Eduardo Limón with full written specifications of such alterations and with such further information as Eduardo Limón may require.

Eduardo Limón will either decline to undertake such alterations or will submit to “The Client” a quotation for such alterations specifying what changes (if any) will be required to the services including fees and the deliverables.

Upon receipt of such quotation “The Client” will either: (a) accept such quotation, in which case the services will be deemed to be amended accordingly; or (b) withdraw the proposed alterations in which case the agreement will continue in force unchanged.

 

Fees for extra service

It is agreed that the fee for service shall be the cost estimates provided in the subscription plan, unless work undertaken exceeds the work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. “The Client” will be notified of increases in the scope of the project, an extra payment will be issued and written approval must be obtained from “The Client” before new work commences.

 

Customer Materials

Where Eduardo Limón is supplied with Customer Materials or is requested to use specific material by the Customer when undertaking the Services:

(a) Eduardo Limón will not be liable for any delay in or inability to perform the Services or for any additional costs incurred in the performance of the Services or for any defect or error in the Services or Deliverables or errors in or additional costs associated with their delivery to the extent that such delay, inability, costs, defect or error were caused by defects in or unsuitability of the Customer Materials or specified materials, or the Customer’s failure to supply the Customer Materials to Eduardo Limón in the manner (including regarding format and method of delivery) directed by Eduardo Limón, if being noted and agreed that Eduardo Limón may not be able to identify defects in the Customer Materials or specified materials, or the unsuitable nature of the Customer Materials or specified materials until production has commenced, and where additional costs are incurred by Eduardo Limón such costs shall be recoverable from the Customer;

(b) Eduardo Limón may reject any of the Customer Materials or specified materials which in its opinion are unsuitable;

(c) Eduardo Limón may, if the Customer Materials or specified materials are found to be unsuitable during production or have been supplied to Eduardo Limón otherwise than in the manner (including regarding format and method of delivery) directed by Eduardo Limón, charge the additional production costs incurred by Eduardo Limón to the Customer after notifying, where possible, the Customer in writing of the unsuitability of the Customer Materials or specified materials; and

(d) Eduardo Limón accepts no responsibility for imperfect work caused by defects in or unsuitability of the Customer Materials or specified materials.

 

Legal Authorization for Publications

The Customer is responsible for obtaining, at its own cost, all necessary consents, clearances, and authorisations which may be required by all applicable law and any regulatory and other authorities or commercial providers in respect of its receipt of the Services and use of the Deliverables. In particular, the Customer agrees that it, and not Eduardo Limón, is responsible for ensuring the use of the Customer’s own and any third party photographs, images, sounds and text in the Deliverables does not infringe third party Intellectual Property Rights, whether those third party materials are sourced by the Customer or by Eduardo Limón on the Customer’s behalf.

 

Excess work

This is defined as any work involving additions to the list of items defined in the subscription plan or changes to all pieces of finished work after sign-off by an authorized representative of “The Client”. From time to time “The Client” will require extra requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original subscription plan. If the client wishes these alterations to be made, a new payment will be issued by Eduardo Limón addressing the new requirements and the associated cost. Work can only commence once the payment has been done.

 

Weekends and Holidays

Eduardo Limon, as any other business has working days and hours, this excludes bank holidays, weekends and public French holidays such as Christmas. Any time-off taken (as holidays) will be clearly informed to The Client. The time-off can be as long as 5 consecutive days not counting weekends. When the time-off is beyond that time frame, Eduardo Limón and The Client, upon negotiation will determine the proper retribution from Eduardo Limon to The Client for that period of time. The Client will be informed of the time-off 2 weeks before, so the work schedule is not compromised.

 

Liability & Litigation

It is agreed that all work and materials provided for “The Client” by “Eduardo Limón” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trademark rights of any third party.

It is agreed that “Eduardo Limón” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.

Under no circumstances shall Eduardo Limón be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by Eduardo Limón including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, an award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

 

Rush Services

If the Client requires design work expedited (outside of project scope and agreed upon time frames), Eduardo Limón will try to accommodate the project, but please know that the subscription has a schedule. We have other clients booked in that have paid for our time and their spot in the queue and we will need to be financially compensated for working overtime.

Any requests for work to be expedited before the earliest calendar start date (defined by any project or work requiring me to work after regular business hours, weekends and/or on French national holidays or know vacation times) will incur an additional 20% fee of the subscription plan.

 

Approval of Final Work

While Eduardo Limón takes all care to avoid errors, Eduardo Limón accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is “The Client’s” responsibility to proofread and approve all final copy before the production of work. The email verification of the Client’s representative shall be conclusive as to the approval of all deliverables prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved deliverable has gone to print due oversights by “The Client’s” proofreading.

 

 

Copyright

Eduardo Limón retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of Eduardo Limón. Eduardo Limón may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Eduardo Limón retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until the final payment, Eduardo Limón retains ownership of all the work produced. Eduardo Limón reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, color palettes, and other non-exclusive items.

Eduardo Limón reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the subscription plan.

Other than for the promotional use of Eduardo Limón all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by Eduardo Limón shall be outlined in the subscription plan. For additional usage, the price will be assessed as needed.

Copyright will remain property of Eduardo Limón till such time an agreement is in place. As part of Eduardo Limón terms of business, the copyright licence is automatically released to the client on receipt of the final payment for the commissioned work. Eduardo Limón reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Eduardo Limón in print or digital media portfolios, social media, and blogs, except where the client has specifically requested in writing otherwise.

 

Goodwill

This proposal assumes goodwill from both Eduardo Limón and “The Client” regarding:

 

What can reasonably be achieved in a given time frame.

Making the best use of resources to achieve the most effective outcomes.

 

Resending Uploading Files

If a client loosed or accidentally deletes the files delivered by Eduardo Limón and “The Client” is no longer under any subscription plan, Eduardo Limón can re-upload to DropBox, for a fee of €200 per request (plus TVA). Providing the request from the “Client” has been made within 2 years from the date of completion.

Eduardo Limón will not archive projects older than 2 years from completion unless requested by “The Client” in which charges may apply.

 

 

Artwork on DVD or USB Drive

If any client artwork is required on CD/DVD, an administration fee of approximately –€100 plus courier/ postage will be payable.

 

Termination policy

From time to time circumstances beyond the control of either party may result in the need for subscription cancellation. In the event of the client cancelling the subscription plan after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Eduardo Limón. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If a project is cancelled by Eduardo Limón, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by Eduardo Limón.

 

Print – Color Variations

With all printing, there may be some color variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Eduardo Limón.

 

Website design credit

“The Client” agrees to allow “Eduardo Limón” to place a small credit on printed material exhibition displays, advertisements and/or a Eduardo Limón on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.

“The Client” also agrees to allow “Eduardo Limón” to place websites and other designs, along with a link to the client’s site on “Eduardo Limón” own website for self-promotional purposes.

 

 

Confidentiality

It is agreed that Eduardo Limón and subcontracts (if the case applies) shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.

 

Late payments & Default

Accounts that are not paid within 15 days will incur a late administration fee of €50 + TVA. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 7% of the subscription plan they are subscribed to for each week payment is outstanding.

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “The Client” has stated expressly that they do not intend to pay an invoice by “Eduardo Limón” unless prior arrangements have been made. “Eduardo Limón” shall at its sole discretion suspend any and all services provided to “The Client” by “Eduardo Limón” or its subsidiaries (including but not limited to research, findings, hosting, websites designed files, concepts, artwork, reports, insights, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, subcontractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.

Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.

“The Client” whose account is in default agree to pay “Eduardo Limón” reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.

“Eduardo Limón” retains all copyright for work performed until full project costs have been paid. “Eduardo Limón” reserves the right to reuse or resell work undertaken in the case of a payment default.

Eduardo Limón accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.

 

Amendments to these Terms and Conditions

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client“ and signed by Eduardo Limón prior to the commencement of the work outlined in this submission.

 

Freelance contractors and confidentiality

All contractors employed by “Eduardo Limón” are held to a strict confidentiality and nondisclosure agreement. Contractors of “Eduardo Limón” are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with “Eduardo Limón”. If this was to be breached by the contractor “Eduardo Limón” will take swift and preparatory measures to ensure “The Client” is made aware that the contractor in question is no longer a representative of “Eduardo Limón” and acting independently.

Furthermore, the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.

“Eduardo Limón” aims for the complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict “Eduardo Limón” guidelines of professional behavior and ethics.

 

Disclaimer

Research, insights, data, design, strategy, photography, TVC, illustration, writing and marketing are all highly creative and subjective art forms. As such “Eduardo Limón” takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however “Eduardo Limón” cannot be held responsible for variations between expectation and outcome.

All information contained in the website is intended for general information purposes only. The information is provided by “Eduardo Limón”. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. “Eduardo Limón” will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. “Eduardo Limón” has no control over websites that are linked to on this website.

Those third-party websites are under the control of their owners, and “Eduardo Limón” will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.

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