BERALO GRAPHICS LIMITED TERMS OF SERVICE

These are my standard terms of service for any logo or 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 project.

PAYMENT

Deposits, final costs, and delivery

I reserve the right to request a 50% deposit before starting work on your project. If a deposit is asked for, 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 accept these Terms of Service and enter a contract with BERALO GRAPHICS.

I will invoice the project's remaining cost and associated services before any logo, design files, or final exports are released. I reserve the right to withhold delivery until payment has been received in full.

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

You may reserve the right to request a payment plan, which may be accepted at my discretion. Both parties must agree to all payment plans in writing.

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

I reserve the right to charge you for any fees incurred in commencing collection and recovery processes for accounts that remain unpaid for more than 30 days.

FONTS & TYPEFACES

Licensing of any used fonts or typefaces

Any fonts/typefaces purchased for the final logo, design, and supporting brand identity assets are subject to commercial licensing laws. A font/typeface license 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. The client is responsible for obtaining any necessary font licenses (paid or unpaid), so please consider this when approving designs.

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

If you want to use a copy of a font/typeface I have purchased to be used commercially, you must register the respective font/typeface license in your name.

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

These can typically be found at:
Fontspring
MyFonts or Fonts.com
FontShop
Type Network
Typetype.org

RESTRICTIONS

Restrictions to the signing of this agreement

These Terms of Service do not give you the right or permission to use, modify, alter, replicate, or borrow any previous ideas/concepts/sketches I present. All original preparation materials, illustrations, drawings, visuals, and unused pictures shown and considered will remain the property of BERALO GRAPHICS.

I can use these unused and previous ideas for future conceptual and client work. Where a previously new idea/design retains a similar look and style to the finished logo or design, I shall repurpose and style it so that the end design is sufficiently different to avoid conflict.

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

As I indicated, ANY supporting artwork and designs this project requires can be used for personal and professional reasons.

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

OWNERSHIP & COPYRIGHT

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

If the final payment is NOT received as agreed, all designs and concepts will remain the property of BERALO GRAPHICS until payment is received.

If there are issues with the 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 an agreed-upon final payment, I will seek immediate legal counsel.

BERALO GRAPHICS reserves the right to show any artwork, ideas, or sketches created for this project in a portfolio as examples of client work. This is typically, but not limited to, the completion of the project. 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 or design becomes your property. Any previous ideas/concepts remain mine unless any prior agreement has been made.

TRADEMARK & COPYRIGHT

Due to the lengthy and often costly procedures required to initiate any form of Trademark, Copyright, and legal name search, I cannot provide practical help.

You must seek legal advice if you require the logo or design to be registered as a trademark. Suppose you’re unsure whether your content violates the rights of a third party. In that case, you may want to reach out to an attorney or consult publicly available reference materials at the following:

U.S. Copyright Office
U.S. Patent & Trademark Office

BRAND NAMING

You take full responsibility for ensuring that your company/product/name is legally free/available before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible; neither am I legally responsible for any problems thus appearing.

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

Suppose a name change is required midway through a project, and significant logo or design exploration work has already been presented. In that case, I will have no choice but to recalculate the project's total cost to allow for the reworking involved. Please ensure the name or phrase you use has been subject to appropriate checks, is not in use by someone else, and does not infringe on any other registered trademark, business name, etc.

CANCELLATION

Cancellation during the project

If you cancel the project midway through, when ideas and proposals have been submitted, a refund of the previous payment is impossible. However, some funds may be returned depending on the work completed and the overall budget.

If I fall ill or cannot 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. Suppose another designer can use any completed work to pick it up. In that case, a percentage will be refunded based on the work completed, or any other reasonable suggestion will be considered.

Project Suspension

I reserve the right to suspend any project if it interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique logo or design ideas/concepts, and is reluctant to pay the final payment.

Fair notice will be given with a fair chance to remedy the situation without resorting to project suspension or termination. Any suspension or termination will not result in any refunds, and all designs and work thus developed remain under the full ownership of BERALO GRAPHICS.

Force Majeure

In the event I fail to perform any obligation under these Terms of Service due to an “act of God,” or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond my control, such failure shall not be deemed to be a breach of these Terms of Service, provided that you are notified of the existence and nature of the reason for my nonperformance and delay. I resume performance immediately upon the conclusion of the relevant force majeure.

LIMITATION OF LIABILITY

Loss or damage

You agree and accept that BERALO GRAPHICS is not legally responsible for any loss or damage suffered or incurred related to the 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 using or relying on third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials I produce, amends, or designs is entirely at your own risk, for which I shall not be liable.

You acknowledge that such information and materials may contain inaccuracies or errors and expressly exclude BERALO GRAPHICS' liability 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/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 checks across search engines. However, I assume no legal responsibility for any loss or damage suffered or incurred related to legal issues regarding the originality or authenticity of my work. You agree to perform your checks and due diligence regarding plagiarism and originality. Should you have any concerns, please discuss this item with me before commencing work.