Artwork, Design, & Photography copyright 2022 © Ninth Paddock Creative. All Rights Reserved

TERMS OF SERVICE

DEPOSITS, FINAL PAYMENTS, AND DELIVERY

Ninth Paddock Creative (NPC) shall request a deposit of up to 50% before starting any commissioned work. NPC will generate an invoice for the deposit and deliver it via email. The Client (you) will make the deposit payment within five days of the invoice delivery. Upon payment of deposit funds, you also agree to accept these Terms of Service and, if requested, enter into a contract with NPC for the commissioned work.

NPC will issue an invoice for the balance of the project's remaining cost and any associated services, and payment in full must be received before any finalized files or final exports are released.

NPC reserves the right to invoice before the scheduled completion date if Client has been uncontactable/unresponsive for more than 30 days.

NPC reserves the right to charge the Client for, and Client agrees to pay, any fees and expenses, including reasonable attorneys’ fees, incurred by NPC relating to the commencement of collection and recovery of accounts remaining unpaid for over 30 days.

FONTS & TYPEFACES

Licensing and use of any fonts or typefaces

Certain fonts/typefaces used in Client’s final logo or supporting brand identity assets may require a commercial license to authorize use. In the event Client desires to use any such fonts or typefaces, NPC will attempt to assist Client by providing any information NPC has on such fonts/typefaces used and their sources. It is Client's sole responsibility to obtain any necessary licenses (paid or unpaid) for the use of such fonts/typefaces and shall provide NPC with a signed copy of same.

It is against the law for Client to use any third-party-owned fonts/typefaces without a valid license.

Typically, fonts/typefaces used in logo work will not need to be licensed, as the graphics are converted to vector artwork and are not editable. However, Client will need to acquire licenses, whether through a desktop license or otherwise, if Client requires a font/typeface for editing purposes, such as on a website or a print presentation.

RESTRICTIONS ON USE

Restrictions on the use of NPC materials/artwork

These Terms of Service do not give Client the right or permission to use, modify, alter, replicate or borrow any of the materials, drawings, graphics, visuals, sketches, concepts, or ideas provided by NPC (the “NPC Owned Materials”). The NPC Owned Materials will at all times remain the sole property of NPC. NPC reserves the right to use the NPC Owned Materials for any and all NPC creative work, whether for Client or any other party. Where any new idea/design created by NPC retains a similar look and style to Client’s finished logo, NPC reserves the right to repurpose and re-style the artwork so that the end design is sufficiently different from that provided to Client so as not to conflict legally.

Unless otherwise agreed upon in writing by both parties, NPC reserves the right to showcase finished logos and associated designs provided to Client in other client portfolios and in any number of online galleries, portfolios, showcases or awards, as well as in any printed literature, including books and magazines, now and in the future, without any compensation due Client therefore. Associated designs and artwork shall include but not be limited to commercial print design, business cards, stationery design, signage, desktop icons, mobile phones, and other portable device applications, icons, and imagery.

Client agrees not to alter, revise, edit, change, crop, or amend preliminary or final approved artwork files. Upon any alteration, revision, modification, or change to the delivered artwork, NPC reserves the right to refuse further involvement with the project and the Client to pursue any legal claims NPC may have against the Client.

OWNERSHIP & COPYRIGHT

All NPC Owned Materials, including but not limited to preparation materials, sketches, and visuals, as well as the electronic files used to create or maintain such materials, remain NPC's sole and exclusive property. The final artwork/digital files will become Client's property only upon NPC’s full payment receipt. If payment in full is NOT received as agreed, all designs and concepts will remain the sole property of NPC.

Should Client attempt to modify, alter, replicate, or otherwise use or allow others to use any NPC Owned Materials, NPC shall have the right to take any and all necessary legal action to protect its rights. Should NPC take legal action against Client in connection with unauthorized use of the NPC Owned Materials, Client agrees to pay NPC any and all fees and expenses, including reasonable attorneys’ fees, incurred by NPC in connection with such legal action.

NPC reserves the right to use any artwork, ideas, sketches, or other materials created for this project in a portfolio as examples of client work. If Client has any specific non-disclosure requirements, NPC shall only be obligated to comply with such requirements if, and only if, NPC has agreed to and signed a written non-disclosure agreement with Client.

Final payment ensures that ONLY the agreed final artwork or designs and their corresponding files and file types become the Client's property. Unless agreed upon previously in writing by both parties, any previous ideas/concepts remain the sole property of NPC.

Due to the lengthy and often costly procedures required to initiate any form of trademark, copyright, or legal name search, Client is solely responsible for seeking any legal advice on clearing, approving or registering the finalized artwork, designs, or finished work, or any component thereof, as a trademark or copyright.

CLIENT NAME, BRANDING, AND CONTENT

Client is solely responsible for any content provided by Client, including, but not limited to, company name, any product names, designs or branding, and any other designs or content (the “Client Materials”), and Client represents and warrants to NPC that Client Materials are the original property of Client or that Client has properly licensed such material for the purpose covered by Client’s and NPC’s agreement, that the Client Property does not infringe or otherwise violate the rights of any other party, and that NPC is legally free to use such Client Materials without any obligation or payment due any other party. If NPC so requests, Client shall provide NPC with copies of any such licenses before any work begins. Should any legal issue or action arise in connection with the use of Client Materials, Client shall indemnify and hold harmless NPC, its employees, and representatives from any such claim or action, and any and all expenses incurred in connection therewith, including reasonable attorneys’ fees and expenses. NPC shall have no responsibility, obligation, or liability in connection with using the Client Materials. Notwithstanding any third-party claim regarding the Client Materials, no refunds are possible.

PROJECT CHANGES

Project changes once the project has begun are exceptionally costly, challenging to implement, and cause significant delays. Suppose a change is required conceptual exploration and/or creative work has been completed. In that case, significant con NPC will have no choice but to recalculate the project's total cost to allow for the reworking involved. If Client does not agree to pay the recalculated cost, Client shall nonetheless remain liable and shall promptly pay NPC for all NPC conceptual and creative work created even if Client elects not to complete the original project.