Payment

I reserve the right to request a 50% deposit before commencing work on your project. If a deposit is requested, an invoice will be generated and provided to you, and payment is expected within 30 days of the issue. By submitting the deposit funds, you acknowledge and accept these terms of service, thereby entering into a contractual agreement with Josh Conboy (Josh Conboy Design LTD).

The remaining cost of the project and associated services will be invoiced before the delivery of any final files or exports. I reserve the right to withhold the delivery until full payment has been received.

In the event of being uncontactable or unresponsive for more than 30 days, I reserve the right to issue an invoice earlier than the specified time.

You have the option to request a payment plan, which may be accepted at my discretion. Both parties must agree to any payment plans in writing.

All payments must be made within 30 days of issue.

If accounts remain unpaid for more than 30 days, I retain the right to charge you for any fees incurred in relation to initiating collection and recovery processes.

Restrictions

By agreeing to these terms of service, you acknowledge that you do not acquire any rights or permissions to use, modify, alter, replicate, or borrow any of the previous ideas, concepts, sketches, or materials presented by me. All original preparation materials, sketches, visuals, and unused ideas remain the exclusive property of Josh Conboy (Josh Conboy Design LTD).

I retain the freedom to utilise these unused and previous ideas for future conceptual and client work. In cases where a previously unused idea or design resembles the final design, I will adapt and style it to ensure sufficient differentiation to avoid conflicts.

Unless otherwise arranged and agreed upon, I reserve the right to showcase the completed project and associated designs in my portfolio, online galleries, showcases, awards, and in printed literature, including books and magazines, both presently and in the future. Associated designs and artwork encompass commercial print design, business card design, stationery design, signage, desktop icons, mobile phone applications, and other portable device icons and imagery.

Any supplementary artwork and designs required for this project may be utilised by myself for personal and professional purposes as indicated.

You have the freedom to make changes, modifications, and adaptations to the final design as you deem appropriate, but you do so at your own risk.

Cancellation

If you decide to cancel the project before its completion, after ideas and proposals have been submitted, previous payments are non-refundable.

In the event that I become ill or unable to continue the project due to unforeseen circumstances, a portion of the total budget will be refunded. In most cases, a full refund will be provided. If any completed work can be utilised by another designer, a percentage refund will be based on the work completed, or alternative reasonable suggestions will be taken into consideration.

I retain the right to suspend a project if excessive micromanagement occurs, if there is an insufficient level of cooperation, if a lack of trust is demonstrated and an inability to move forward after presenting a reasonable number of unique ideas/concepts, or if there is reluctance in making the final payment.

Fair notice will be provided, allowing an opportunity to address the situation and resolve any issues before resorting to project suspension or termination. However, any suspension or termination will not result in refunds, and all designs and work developed during the project will remain the sole property of Josh Conboy (Josh Conboy Design LTD).

If I am unable to fulfil any obligations under these terms of service due to circumstances beyond one's control or any government action, terrorism, riot, war, accident, material or transportation shortage, or any other uncontrollable cause, it will not be considered a breach of these terms of service. In such cases, I will promptly notify you of the reason for the non-performance or delay, and resume the project as soon as possible.

Ownership

All preparation materials, sketches, visuals, and electronic files utilised in creating the project remain the exclusive property of Josh Conboy (Josh Conboy Design LTD). The final artwork and digital files will be transferred to you upon receipt of the final payment for the project.

If the agreed-upon final payment is not received, all designs and concepts will continue to be owned by Josh Conboy (Josh Conboy Design LTD) until payment is made.

In the event of issues with the final payment, I reserve the right to reuse or modify any of these ideas for other clients or showcase them freely as concepts in my portfolio.

If the client attempts to use, modify, alter, replicate, or misappropriate any of my ideas without fulfilling the agreed-upon final payment, I will seek immediate legal counsel.

Josh Conboy (Josh Conboy Design LTD) retains the right to display any artwork, ideas, and sketches created for this project in my portfolio as examples of client work. This typically applies upon project completion but is not limited to that timeframe. If you have any specific requirements regarding confidentiality, non-disclosure, or secrecy, please communicate them before agreeing to the proposal.

Final payment ensures that only the agreed-upon design becomes your exclusive property. Any previous ideas or concepts remain under my ownership unless a prior agreement has been made.

Limitation of Liability

You acknowledge and agree that Josh Conboy (Josh Conboy Design LTD) bears no legal responsibility for any losses or damages arising from your use of my services. This includes any amendments, errors, or omissions in documents, designs, information, or any goods or services provided by me. It also encompasses your reliance on third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials I created, modified, or designed is entirely at your own risk, and I shall not be held liable.

You understand that the information and materials I provide may contain inaccuracies or errors, and Josh Conboy (Josh Conboy Design LTD) expressly disclaims any liability for such inaccuracies or errors to the fullest extent permitted by law.

I assure you that all designs presented to you will be original, and to the best of my knowledge, they will not infringe or plagiarise any other work. I will conduct limited checks to ensure that my work does not unintentionally infringe upon the designs of others. However, I do not assume legal responsibility for any losses or damages arising from legal issues related to the originality or authenticity of my work. You agree to perform your own checks and due diligence regarding plagiarism and originality. If you have any concerns, please discuss them with me before commencing the work.

Fonts & Typefaces

The usage of any fonts or typefaces requires proper licensing.

When purchasing fonts or typefaces for the final design or any supporting visual identity assets, it is essential to adhere to commercial licensing laws. The font or typeface license grants exclusive rights to the owner for its appropriate usage.

I will provide information about the typefaces used in my designs and where they can be obtained. It is the client's responsibility to acquire the necessary font licenses, whether paid or unpaid. Please keep this in mind when approving the designs.

As the owner and purchaser of the fonts and typefaces, it is unlawful for me to provide any client with a "copy" of these assets.

If you wish to use a font or typeface that I have personally purchased for commercial purposes, you must purchase the respective license yourself and register it under your name.

Generally, fonts used in logos do not require separate licensing, as the graphics are converted to vector artwork, making them uneditable. However, if you require a font for your own artwork, such as for editing purposes on a website or in a print presentation, you will need to obtain your own license through a desktop license purchase.

Trademark & Copyright

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

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

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 arising.

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