Terms of Service – Designer on Board
“Website” is www.boldmovestudio.com
“Service” refers to DESIGNER ON BOARD
“Service Provider” is BOLD MOVE STUDIO
“Client” is YOU/YOUR COMPANY
“Retainer Subscription” refers to ADVANCE (MONTHLY or PROJECT) PAYMENT
“Client Dashboard” is your NOTION APP project management page
Acceptance of the Designer on Board Terms of Service
Welcome to Designer on Board (a.k.a. "Service"). We are excited to have you as a subscriber. The following terms and conditions (collectively, these "Terms of Service") apply to your use of Designer on Board including any content, functionality and services offered on or via www.boldmovestudio.com (the "Website"). The Terms of Service also include our Privacy Policy, which you can review here: https://boldmovestudio.com/privacy We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Designer on Board, because by using the Service you accept and agree to be bound and abide by these Terms of Service. Should you disagree with any of the provisions herein, you must leave the Website, but please let us know at hello@boldmovestudio.com. We'll be happy to hear your comments and suggestions.
By agreeing to the Terms of Service and conditions as set forth in this Agreement, (“Client”) has retained DESIGNER ON BOARD (“Service”) through BOLD MOVE STUDIO (“Service Provider”) via www.boldmovestudio.com(“Website”) to proceed with the requested services.
Services
Client has retained Service Provider to perform Service – DESIGNER ON BOARD: Design for Brand Building & Marketing – creative direction, graphic design, publication design, print design, design for online/social media marketing, presentation design – fall within this service range.
Payment
Client agrees to commit to (“Retainer Subscription”) as outlined in these Terms of Service. Project or Monthly Retainer Subscription provides ongoing support at a flat rate (multiple deliverables for a fixed price) through the selected subscription set forth in the DESIGNER ON BOARD service. Retainer fees are required in full in advance of Service; payment is due on or before the start of each project or monthly cycle. Payments rendered are considered fully earned and non-refundable. It is incumbent upon Client to utilise their retained service each month.
Additional Work
Client understands additional work beyond the scope of this Agreement must be negotiated separately and will require separate billing. Services requested by Client and provided by BOLD MOVE STUDIO that do not fall within the scope of this Agreement will be billed separately at the full standard rate for the requested work according to the BOLD MOVE STUDIO service category with payment due upon receipt.
Client Responsibilities
Client understands that Service Provider is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the virtual nature of the relationship, Client understands the importance of communication via email and through Client Dashboard (NOTION APP), and agrees to respond to questions, requests and communications from Service Provider in a timely manner. Client understands that Service Provider is a business with other clients to serve, and requires fair, realistic notice in accordance with Service and Retainer Subscription in order to attend to requests and projects. Poor planning or miscommunications on the part of the Client will not constitute an emergency for Service Provider. Client understands that Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.
Office Hours & Communication
Office hours are Monday through Friday 9:00 am to 5:00pm (EST). Email and Client Dashboard (NOTION APP) are to be the primary form of communication between Client and Service Provider. Service Provider is available for short phone calls during office hours only. Any Telephone Meetings must be prescheduled. Public Holidays in Trinidad & Tobago are observed.
Projects Completion
Ongoing Retainer Subscription: Basic Service support receives 24-48 hours attention. Special project requires a minimum two (2) days lead time. Client will provide sufficient notice and allow for reasonable timeframes for project completions. Rush projects of 24 hours or less and projects requiring weekend or holiday work are not accepted. Service Provider reserves the right to refuse any project or service request.
Single Project Retainer Subscription (One Month): If a project is not completed within 5 working days of the Estimated Completion Date due to client delays in providing feedback, assets, approvals, content, direction, and so forth, Service Provider reserves the right to discuss and submit a change order to accommodate for the unplanned extension of the project to the effect of no less than USD 700 for every week until completion.
Materials & Information
Client will request projects through Client Dashboard (NOTION APP) and attach all content, outlines, photos, project images, etc., necessary for projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Service Provider to perform or complete the agreed services or project.
Delivery
Projects are delivered via Dropbox link for review. Approvals are via Email and Finished Artwork files (FAWs) shared via Dropbox.
Accuracy
Client assumes full responsibility for acceptance of work or Service performed and agreed upon, as well as final proofing and accuracy. Service Provider is not responsible for errors or omissions.
Copyright
Copyright is retained by BOLD MOVE STUDIO on all editable design work including words, ideas, visuals, photos and illustrations unless handed over as Finished Artwork (FAW) files or after all costs have been settled. We will supply FAW PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given as fulfilling the contract. All other designs remain the property of BOLD MOVE STUDIO.
Payment Options
ACH payment is accepted through bank transfer locally. Our online payment vendors are WiPay and PayPal. Mastercard and VISA credit cards are accepted through WiPay. American Express, Discover, Mastercard and VISA credit cards are accepted through PayPal.
Late Payments
Payment for Retainer Subscription or additional work requests not received by due date will result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid.
Lien
All materials or property belonging to Client, as well as work performed, may be retained as security until all just claims against Client are satisfied.
Accuracy of Information
Client agrees that the accuracy of information supplied to Service Provider is the sole responsibility of Client, and that Service Provider is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client.
Indemnification/Release of Liability
Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client. This agreement to indemnify Service Provider is not limited to any acts or omissions, statements or representations made by Service Provider in the performance and/or nonperformance of Service Provider’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.
Termination and Continuance
Client shall notify BOLD MOVE STUDIO in writing if they would like to discontinue/continue the engagement and vice versa. In the case of early termination within the contracted period due to no fault of BOLD MOVE STUDIO, the Client will pay 30% of the fees within the remaining contracted period to BOLD MOVE STUDIO.
Expiration & Modification
This Agreement shall remain in effect until such time as one or the other Party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement.
Additional Provisions
This Agreement shall be governed by and construed according to the laws of TRINIDAD AND TOBAGO. Any liability on the part of Service Provider as determined by a court of law will be limited to an amount not to exceed one month’s retainer or single project fee as applicable. If Service Provider must bring suit or other action to collect on unpaid invoices or seek remedy of any other breach of contract, Service Provider shall be entitled to an award of costs, reasonable attorney’s fees and interest at the maximum rate permitted by law in addition to any other relief awarded.
The Terms of Service and conditions of this Agreement may be modified or amended as necessary. Any modifications will be identified by date. By Agreement to these Terms of Service, you indicate that you understand and accept the terms and conditions as contained herein.
Dated: March 2021