The following terms are for the following services: branding, graphic design, web design, and Executive Studio Systems

Payments

Payment is due upon signing of this agreement. For payment plans , autopay is required. The first payment is due upon signing, and will be billed on specified dates thereafter. All invoices must be paid by the due date, regardless of what stage we are in the project. If payments are not made on time, all work on the project will stop until the payment is made. 

Payments are accepted via credit/debit card.. Additional charges will be discussed and agreed upon before the final invoice is sent (more on this topic below). We will not purchase any images until we have client approval. Original image files will not be emailed until the full balance has been paid AND all approval forms are submitted. Additional charges will be applied if the client needs additional work that is outside of the original quote or package specifications.

Additional Costs

The Project pricing includes what is stated on the quote page. Any and all additional costs outside of what is listed in the package including, but not limited to, all rentals, photographer’s costs and fees, web hosting, photography and/or artwork licenses, prototype production costs, talent fees, music licenses and online access or hosting fees, and SEO Services will be billed to Client unless specifically otherwise provided for in the contract.

PLEASE NOTE: IN ORDER TO GIVE HIGH QUALITY WORK, IT IS REQUIRED THAT THE CLIENT USES PROFESSIONAL PHOTOGRAPHY. AS A CONVENIENCE, WE MAY PROVIDE A LIST OF QUALIFIED PHOTOGRAPHERS IN THE CLIENT’S VICINITY.

IF THE CLIENT CHOOSES TO USE A DIFFERENT PHOTOGRAPHER, WE WILL GUIDE IN CHOOSING THE BEST PERSON TO EXECUTE THE VISION FOR THEIR PROJECT. HOWEVER, WE WILL NOT ACCEPT RESPONSIBILTY FOR PICTURES THE CLIENT DOESN’T LIKE.

Cancellations

Client has 7 days to cancel a project from the time the contract is signed. If the client paid in full, Destiny31 Creative Studio shall retain 20% of quoted price. If the client is on a payment plan, Destiny31 Creative Studio shall retain the full amount of the first payment. There are no refunds after the 7 day cancellation period. Destiny31 Creative Studio retains the right to stop the project and retain all payments and all rights to the designs if: 

• Final payment has not been made on a payment plan.
• If client does not respond after 30 days from the final revision
• Client does not respond to correspondence more than 30 days

Refunds

Due to the custom nature of our work,Destiny31 Creative Studio does not issue refunds for any reason after the 7 day cancellation period (See cancellation policy above). If for any reason the client is not satisfied with the work done, Destiny31 Creative Studio will get it right until the client loves it. We will happily revise your project at no additional cost.

Deliverables

All displays or publications of Deliverables shall bear accreditation and/or copyright notice in Destiny31 Creative Studio’s name in the form, size, and location as incorporated by Destiny31 Creative Studio in the Deliverables, or as otherwise directed by Destiny31 Creative Studio. The agency retains the right to reproduce, publish and display the Deliverables in Destiny31 Creative Studio’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party on its website and in other promotional materials, and if not expressly objected to, include a link to the other party’s website. The following Deliverables will be submitted to the client:

Additional Deliverable Information

• Payment of $84 for Elementor Pro must be paid by the client after one year.
• Website hosting and any other additional tools needed must be paid for by the client.
• All files will be submitted in JPEG, PNG, PDF, SVG, or AI formats
• Additional printing and photography services are available upon request for extra fees.
• For promo videos, client must provide pictures and video footage.
• We use WordPress, Wix, Squarespace, or Webflow to design websites. We use Hostinger, Siteground, or Wix for web hosting. We do not recommend Go Daddy for hosting.
• Maximum 3 revisions on all artwork and design.

Artistic Release

Client has spent a satisfactory amount of time reviewing Designer’s work and has a reasonable expectation that Designer will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency
Designer will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Vendor’s current portfolio and Designer will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

1. Every client is different, with different tastes, budgets, and needs;
2. Branding and design services are often a subjective art and Designer has a unique vision, with an ever-evolving style and technique;
3. Designer will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
4. Although Designer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Designer shall have final say regarding the aesthetic judgment and artistic quality of the Services.

Trademarks and Business Registrations

It is the responsibility of the client to ensure that their brand name is registered properly with their state and not used by anyone else. It is the responsibility of the client to seek legal counsel to ensure the name is not being used by anyone else. Destiny31 Enterprises, LLC will not be held liable for any trademark or name infringements or any litigation made against the client in regards to the brand name. If the client needs a new logo design because of a name change, he/she must pay full price for the redesign.

Project Timeline

We do not guarantee a completion date for any project. Most branding projects can last 4.5 months. Design projects can last 1 – 3 months. This usually depends on the speed of the client’s feedback and the number of revisions required. If you have a project deadline, please let us know. ARTWORK WILL NOT BE RELEASED UNTIL THE PROJECT IS COMPLETE. ALL DELIVERABLES ARE SENT TOGETHER ONCE AT THE END OF THE PROJECT.

We keep clients in order of first come – first serve. If you are in a hurry and need something done within a shorter time frame, we offer a VIP Express Package. A project is considered complete once a follow-up session is done.

Client agrees not to announce any launch dates to the public until the project is complete by Destiny31 Creative Studio or any of our partners.

Rush Jobs

We only provide the VIP Express Package for fast branding turnaround several times a year. Other than that, we will  not  rush the process on other packages. We recommend clients book a branding service at least 4.5 months before their launch date. For design services, we recommend booking at least 2 months their launch date.

Logo Stationery, Social Media & Printing Designs

• We provide several design concepts for you to choose from. The number of concepts vary from project to project.
• We provide high resolution images in JPEG, PNG, and SVG. We can provide other formats upon request at no additional charge.
• We provide the source file for all parts of your project.

Revisions

Our prices include up to 3 major revisions each on the design of your logo, website, and other graphics related to your project. Each additional revision or new concept is $100. If the client receives their final files for the project and they see something that needs to be changed or fixed – they will be charged for a revision. They will not be charged for typos caused by us. If the content they originally submitted has a typo, charges will apply. Client must be sure to proof read before giving the go to finalize the design.

For publications in need of major periodic and yearly revisions, here is the following, schedule fee:

• 1st revision (major and minor) – 75% of original quoted price
• 2nd revision (major and minor – 50% of original quoted price
• Major and minor revisions (layout and text) after 2nd revision $70/hour

Projects That Include Subcontractors
For projects where we partner with other entities, please consider the following terms:

• Each company working on your project is considered an individual entity and therefore, you are also subject to their terms and conditions.
• Depending on each companies responsibilities within the project, all communication must be directed to the respective company.
• If your brand requires W-9s for tax purposes, you must request them from the respective company.
• Payment for services must be made to each company separately.
• Client agrees not to announce any launch dates until ALL parties have completed their part of the project.

Website & Copyright Credits

The copyright for websites is transferred to the client upon delivery. The site design must be kept intact and not altered after installation. If client wants to make changes to the design after installation, we have website maintenance packages available to meet their needs. Another designer may not make changes to the custom theme design without express permission from Destiny31 Creative Studio Creative Agency. If they choose to remove any portion of the design, they must remove the complete design and use a new WordPress theme. The client may not continue to use a premium theme provided as part of our design.

The client may provide their own photos or stock images for use in the design. If they choose stock images, they are responsible for compliance with license/photography copyrights. We are not liable for photos or design elements the client provides.
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The Destiny31 Creative Studio credit must be kept in the footer as long as you are using the design.

Usernames & Passwords

The client is responsible for supplying usernames and passwords for WordPress access, FTP access, hosting (if necessary), and domain name registration (if necessary). We will protect all usernames and passwords to the best of our ability, but for added protection, we suggest that client changes their passwords after the design process is completed.

Website Protection & Security

While EDestiny31 Creative Studio attempts to bring the client the highest quality service possible, we are unable to guarantee the integrity of any data stored or transmitted VIA the internet or through our systems. Destiny31 Creative Studio is not liable for any claims of damage or loss caused by the loss of data, password compromises, or the hacking of the client’s website. The client is solely responsible for keeping their site up to date and backed up. (Note: Your hosting provider should keep daily backups of your site files, but may not backup the database). We do offer maintenance packages where we do all that we can to keep the client’s site secure and protected, but even then we cannot make any guarantees. WordPress is often vulnerable to hackers and that is something that is entirely out of our control.

If the WordPress site we design for the client DOES get hacked into, we would be happy to help you get it resolved by contacting their hosting provider and pinpointing the exact problem and getting it restored again – but keep in mind that there are charges for this service. Our hourly rate is $70 per hour. Sometimes it can be a quick and easy fix but sometimes the hackers can cause major damage by installing bad scripting code in hundreds of files that would need to be manually removed. Either way, we are not responsible, but definitely happy to do all that we can to get you back up and running again.

Confidential Information

Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party or is otherwise properly received from a third party without an obligation of confidentiality.

Rights

Rights to the completed work are retained by the client upon completion of the project and final payment to Destiny31 Creative Studio. The agency retains the right to use the material for promotional purposes, such as in portfolios and on our website. 

During the duration of the project, we do not allow clients to go in themselves to make changes. Client may request changes, but our agency should be the one making them until the end of the project.

Limit of Liability

Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Designer.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Designer shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Designer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Designer provides to Client.

Changes

Unless otherwise provided herein, Client shall pay additional charges for all changes requested by Client which are outside the Scope of the Services on a time and materials basis, at Designer’s standard hourly of $100 per hour, or in an amount separately agreed upon in writing in advance of the change. Such charges shall be in addition to all other amounts payable under this Agreement despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadline as required by such Changes.

Impossibility

Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services
In the event Designer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
3. Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

The laws of  FLORIDA govern all matters arising out of or relating to these terms, including torts.

Severability
If any portion of these terms is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice
Parties shall provide effective notice (“Notice”) to each other in writing via either email or postal mail at the date and time which the Notice is sent