Deposits, final payments and delivery

I reserve the right to request a 50% deposit before starting work on your project. If a deposit is requested, an invoice will be created and sent 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 Thomas Kramer (TAKramer Designs).

I will invoice for the remaining cost of the project and associated services before 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 earlier than detailed if you have been uncontactable/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 in writing by both parties.

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

I reserve the right to charge you for any fees incurred related to the initiation of collection and recovery processes for accounts unpaid for more than 30 days.

Licensing of any used fonts or typefaces

Any fonts or typefaces purchased for the final design and/or supporting brand identity assets are subject to commercial licensing laws. A font/typeface license grants 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 consider this when approving designs.

It is illegal for me to provide any client with a ‘copy’ of any font/typeface that I own and have personally purchased.

If you wish to use a copy of a font/typeface that I have purchased for commercial purposes, you must purchase the respective font/typeface license 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, if you require a font for your own editable artwork, such as a website or print presentation, you will need your own license obtained via a desktop license purchase.

Restrictions to the signing of this agreement

These Terms of Service do not grant 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 remain the property of Thomas Kramer (TAKramer Designs).

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 the end design is sufficiently different as to avoid 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, portfolio showcases, awards, and printed literature—including books and magazines—now and in the future. Associated designs and artwork may include commercial print design, business card design, stationery design, signage, desktop icons, mobile phone and other portable device application icons and imagery.

Any supporting artwork and designs required by this project may be used by myself for personal and professional purposes.

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

All preparation materials, sketches, visuals, including the electronic files used to create the project, remain the property of Thomas Kramer (TAKramer Designs). 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 Thomas Kramer (TAKramer Designs) 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 freely as concepts in my portfolio.

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

Thomas Kramer (TAKramer Designs) reserves the right to show any artwork, ideas, or sketches created for this project in a portfolio as examples of client work. This typically, but not exclusively, occurs at 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 design becomes your property. Any previous ideas or concepts remain mine, unless a prior agreement has been made.

Cancellation during the project

If you choose to cancel the project midway through, after ideas and proposals have been submitted, a 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 completed works are suitable for another designer to pick up, then a percentage will be refunded based on work completed or another reasonable suggestion will be considered.

Project Suspension

I reserve the right to suspend any project in cases of excessive micromanaging, continued lack of trust, or inability to move forward after presenting a reasonable number of unique design ideas/concepts, and/or reluctance to pay the final payment.

Fair notice will be given and fair opportunity provided to remedy the situation before resorting to project suspension or termination. Any suspension or termination will not result in any refunds, and all designs and work developed remain the full ownership of Thomas Kramer (TAKramer Designs).

Force Majeure

If I fail to perform any obligation outlined by these Terms of Service due to an “act of God” or an act of any government, terrorism, riot, war, accident, deficiency in materials or transportation, or any other cause beyond my control, such failure shall not be considered a breach of these Terms of Service, provided you are notified of the reason and I resume performance immediately upon resolution of the force majeure.

Loss or damage

You agree and accept that Thomas Kramer (TAKramer Designs) is not legally responsible for any loss or damage suffered or incurred relating 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 myself. This includes your use or reliance on any third-party content, links, comments, or advertisements. Your use or reliance on any information or materials I produce, amend, or design 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 liability of Thomas Kramer (TAKramer Designs) 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 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 own checks and due diligence regarding plagiarism and originality. Should you have any concerns, please discuss them with me prior to commencing work.

You take full responsibility for ensuring your company, product, or name is legally available before work starts. If any legal issue arises with the naming after the project is completed, no refunds are possible, nor am I legally responsible for any resulting problems.

Please ensure your chosen name is legally safe to use before committing to a logo project. Project name changes during a project are exceptionally costly, challenging to implement, and may cause significant delays.

If a name change is required mid-way through a project after significant logo exploration work has been presented, I will need to recalculate the total cost of the project to allow for the reworking involved. Please ensure your name has been appropriately checked, is not currently in use, and does not infringe on any registered trademark or business name.

Due to the lengthy and often costly procedures required for any form of Trademark, Copyright, and legal name search, I am unable to provide practical assistance with this.

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