By clicking and checking the “Accept” Box on the payment page you accept the following terms of the Unlimited Graphic Design and Web Design Support Package”.
Description of Services
Conceptstore Creative Studio will produce any and all of the following as and when requested by the client.
- Bus cards
- Quick Logos
- Book covers
- Social Media Posts
- Social Media Covers
- Digital Documents
- Web Banners
- Blog Graphics
- Powerpoint Slides
- 1-3sec Gifs
- Email Signatures
- Email templates
- PDF Docs
- Landing Pages
- Basic Web Dev
- Web Design
- Technical fixes
- Front-end dev
- Web dev via plugins
We wil design anything that can be printed or displayed on a screen. Coding and development is based on front end development (HTML & CSS) or upgrades via plugins and on a wordpress system only. All files are setup for professional print or optimised for web use.
The following services and products are not included in this support package:
Requesting Tasks for completion
Each package has a timeline of 30 days which starts from the date where payment has been made. The client can make as many work requests as they like for as many of the included deliverables however only one task will be worked on at any given time.
Each task must be deemed as complete by the client in order to begin work on the next task.
Each package has a timeline of 30 days which starts from the date where payment has been made.
- Conceptstore will work on any task singularly as and when a request has been made by the client within the 30 day period.
- The turnaround time for any single request is 1-3 days unless the task is deemed large by Conceptstore in which case Conceptstore will notify the client of an extended turnaround time.
- A single task will be worked on until completion within the 30 day period.
- Completion will be deemed as finished by the client.
- If a single task is not complete within the 30 day period, you the client will have the option to continue onto the next 30 day timeline or halt all work.
Pricing and Rates
The quoted price paid will be the final price for all work requested unless the client requests deliverables that fall outside of the included list above.
If work or tasks are requested outside of the list above then the client should inform Conceptstore to ascertain whether the work can be done as apart of this agreement or whether a new agreement should be made where additional expenses may incurr.
Payment Terms and Schedule
Payment will be taken automatically, 30 days after the first payment has been made and 30 days every month thereafter until the client cancels this agreement. If payment is not made on the monthly due date, all work shall be paused by until payment is made.
To cancel your subscription please login to your PayPal or Stripe Account, select a previous payment made as apart of this subscription and opt to cancel the subscription.
Each package has a set number of users allowed. A user is a person who can request work and liaise with Conceptstore. Any addition of users to any package other than that specified in the advertised details will incurr and additional fee or upgrade to another package.
1. Intellectual Property Rights
- Retained Rights. Each party will retain all right, title, and interest in and to its own Pre‐Existing Intellectual Property irrespective of any disclosure of such Pre‐Existing Intellectual Property to the other party, subject to any licenses granted herein.
- Pre‐Existing Intellectual Property. Conceptstore will not use any third party Pre‐Existing Intellectual Property in connection with this Contract unless Freelancer has the right to use it for Customer’s benefit. If Conceptstore is not the owner of such Pre‐Existing Intellectual Property, Conceptstore will obtain from the owner any rights as are necessary to enable Conceptstore to comply with this Contract.
Conceptstore grants Customer a non‐exclusive, royalty‐free, worldwide, perpetual and irrevocable license to the extent such Pre‐Existing Intellectual Property is incorporated into any Deliverable, with the license including the right to make, have made, sell, use, reproduce, modify, adapt, display, distribute, make other versions of and disclose the property and to sublicense others to do these things.
- Ownership of Deliverables. Subject to Conceptstore and third party rights in Pre‐Existing Intellectual Property, all Deliverables, whether complete or in progress, and all Intellectual Property Rights related thereto shall belong to Customer, and Conceptstore hereby assigns such rights to Customer. Freelancer agrees that Customer will own all patents, inventor’s certificates, utility models or other rights, copyrights or trade secrets covering the Deliverables and will have full rights to use the Deliverables without claim on the part of Conceptstore for additional compensation and without challenge, opposition or interference by Conceptstore and Conceptstoe will, and will cause each of its Personnel to, waive their respective moral rights therein as long as such work has been carried out under a paid subscription period.
- No Rights to Customer Intellectual Property. Except for the limited license to use materials provided by Customer as may be necessary in order for Conceptstore to perform Services under this Contract, Freelancer is granted no right, title, or interest in any Customer Intellectual Property.
- Confidential Information. For purposes of this Contract, “Confidential Information” shall mean information or material proprietary to a Party or designated as confidential by such Party (the “Disclosing Party”), as well as information about which a Party (the “Receiving Party”) obtains knowledge or access, through or as a result of this Contract (including information conceived, originated, discovered or developed in whole or in part by Freelancer hereunder). Confidential Information does not include: a) information that is or becomes publicly known without restriction and without breach of this Contract or that is generally employed by the trade at or after the time the Receiving Party first learns of such information; b) generic information or knowledge which the Receiving Party would have learned in the course of similar employment or work elsewhere in the trade; c) information the Receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation; d) information the Receiving Party rightfully knew prior to receiving such information from the Disclosing Party to the extent such knowledge was not subject to restrictions on further disclosure; or (e) information the Receiving Party develops independent of any information originating from the Disclosing Party.
- Customer Confidential Information. The following constitute Confidential Information of Customer and should not be disclosed to third parties: the Deliverables, discoveries, ideas, concepts, software in various states of development, designs, drawings, specifications, techniques, models, data, source code, source files and documentation, object code, documentation, diagrams, flow charts, research, development, processes, procedures, “know-how”, marketing techniques and materials, marketing and development plans, customer names and other information related to customers, price lists, pricing policies and financial information, this Contract and the existence of this Contract, and any work assignments authorized or issued under this Contract. Freelancer will not use Customer’s name, likeness, or logo (Customer’s “Identity”), without Customer’s prior written consent, to include use or reference to Customer’s Identity, directly or indirectly, in conjunction with any other clients or potential clients, any client lists, advertisements, news releases or releases to any professional or trade publications.
- Non-Disclosure. The Parties hereby agree that during the term hereof and at all times thereafter, and except as specifically permitted herein or in a separate writing signed by the Disclosing Party, the Receiving Party shall not use, commercialize or disclose Confidential Information to any person or entity. Upon termination, or at any time upon the request of the Disclosing Party, the Receiving Party shall return to the Disclosing Party all Confidential Information, including all notes, data, reference materials, sketches, drawings, memorandums, documentations and records which in any way incorporate Confidential Information.
- Right to Disclose. With respect to any information, knowledge, or data disclosed to Customer by the Freelancer, the Freelancer warrants that the Freelancer has full and unrestricted right to disclose the same without incurring legal liability to others, and that Customer shall have full and unrestricted right to use and publish the same as it may see fit. Any restrictions on Customer’s use of any information, knowledge, or data disclosed by Freelancer must be made known to Customer as soon as practicable and in any event agreed upon before the start of any work.
Rights to Terminate
- Customer may terminate this Contract and/or an individual project for its convenience, without liability at any time, upon prior written notice to Conceptstore.
- Conceptstore may terminate this Contract upon thirty days prior written notice provided there are no open projects at the time notice is given.
- Customer may terminate this Contract and/or any open projects immediately for cause if the Conceptstore fails to perform any of its obligations under this Contract or if Conceptstore breaches any of the warranties provided herein and fails to correct such failure or breach to Customer’s reasonable satisfaction within ten (10) calendar days (unless extended by Customer) following notice by Customer.
- Upon termination of any project or work given Conceptstore hereunder, Conceptstore will immediately provide Customer with any and all work in progress or completed prior to the termination date. As Customer’s sole obligation to Conceptstore resulting from such termination, Customer will pay Conceptstore an equitable amount as determined by Customer for the partially completed work in progress and the agreed to price for the completed Services and/or Deliverables provided and accepted prior to the date of termination.
- Any provision or clause in this Contract that, by its language or context, implies its survival shall survive any termination or expiration of this Contract.
Freelancer warrants that:
- the Services and Deliverables are original and do not infringe upon any third party’s patents, trademarks, trade secrets, copyrights or other proprietary rights,
- it will perform the Services hereunder in a professional and workmanlike manner,
- the Deliverables Conceptstore provides to Customer are new, of acceptable quality free from defects in material and workmanship and will meet the requirements and conform with any specifications agreed between the parties,
- it has all necessary permits and is authorized to do business in all jurisdictions where Services are to be performed,
- it will comply with all applicable laws in performing the Services,
- it has all rights to enter into this Contract and there are no impediments to Freelancer’s execution of this Contract or Conceptstore performance of Services hereunder.
5. Limitation of Liability
- EXCEPT AS SET FORTH IN THIS SECTION BELOW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES NOR FOR LOSS OF DATA, PROFITS OR REVENUE, COST OF CAPITAL OR DOWNTIME COSTS, NOR FOR ANY EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM ANY CLAIM OR ACTION, INCIDENTAL OR COLLATERAL TO, OR DIRECTLY OR INDIRECTLY RELATED TO OR IN ANY WAY CONNECTED WITH, THE SUBJECT MATTER OF THE AGREEMENT, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STATUTE, IMPLIED DUTIES OR OBLIGATIONS, OR OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
- NOTWITHSTANDING THE FOREGOING, ANY PURPORTED LIMITATION OR WAIVER OF LIABILITY SHALL NOT APPLY TO CONTRACTOR’S OBLIGATION UNDER THE INDEMNIFICATION OR CONFIDENTIAL INFORMATION SECTIONS OF THIS AGREEMENT OR EITHER PARTY’S LIABILITY TO THE OTHER FOR PERSONAL INJURY, DEATH OR PHYSICAL DAMAGE TO PROPERTY CLAIMS.
6. Inspection and Acceptance
- Non-Conforming Services and Deliverables. If any of the Services performed or Deliverables delivered do not conform to specified requirements, Customer may require Conceptstore to perform the Services again or replace or repair the non-conforming Deliverables in order to bring them into full conformity with the requirements.
- Conceptstore shall maintain adequate insurance coverage and minimum coverage limits for its business as required by any applicable law or regulation, including Workers’ Compensation insurance as required by any applicable law or regulation, or otherwise as determined by Freelancer in its reasonable discretion. Freelancer’s lack of insurance coverage shall limit any liability Freelancer may have under this Contract.
- Governing Law.The Parties shall make a good-faith effort to amicably settle by mutual agreement any dispute that may arise between them under this Contract. The foregoing requirement will not preclude either Party from seeking injunctive relief as it deems necessary to protect its own interests. This Contract will be construed and enforced in accordance with the laws of the State of [State] , excluding its choice of law rules.
- Severability. The Parties recognize the uncertainty of the law with respect to certain provisions of this Contract and expressly stipulate that this Contract will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of this Contract are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from this Contract or modified so as to make them enforceable and the validity and enforceability of the remainder of such provisions and of this Contract will be unaffected.
- Independent Contractor. Nothing contained in this Contract shall create an employer and employee relationship, a master and servant relationship, or a principal and agent relationship between Freelancer and Customer. Customer and Freelancer agree that Freelancer is, and at all times during this Contract shall remain, an independent contractor.
- Force Majeure. Neither Party shall be liable for any failure to perform under this Contract when such failure is due to causes beyond that Party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy. In the event of such delay the date of delivery or time for completion will be extended by a period of time reasonably necessary by both Freelancer and Customer. If the delay remains in effect for a period in excess of thirty days, Customer may terminate this Contract immediately upon written notice to Freelancer.