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By entering into a business relationship with NicoMotions, you (the Client) consent to the following terms and conditions :
TIMEFRAME AND DELIVERY
I, NicoMotions, make all reasonable efforts to provide concepts and revisions to the Client within the timeframes agreed upon in initial consultations. If I am experiencing higher work volumes, your design will be scheduled for the soonest available design time slot, and you will be notified at the earliest possible time.
I will save design files to a third-party website (such as streamable) for Client review. The Client will provide feedback on the draft design.
I will review feedback and update the design as needed. I will continue the revision process within the specified terms to the Client’s satisfaction. Revisions will be submitted to the Client within the specified timeframe where possible.
Once the Client has approved the design, the Client will pay any balance owed to NicoMotions, and I will deliver the final file(s). (This only applies to bigger projects paid in installments).
All requested formats of the approved design will be saved to Mega for the Client to download. I can not assure to maintain an archive of Client files, so Clients must download and maintain their files.
COPYRIGHT AND TRADEMARK
I create bespoke designs and make every possible effort to ensure designs are original and clearly, legally distinct. If a design unintentionally infringes on existing trademarks, my liability is limited to free revision of the design to make it legally distinct, as negotiated with the Client.
The Client unconditionally guarantees that any design element – text or graphic – provided to me for inclusion in the design does not violate any copyright or trademark laws. I will not be held responsible for any legal action that may result from improper due diligence on the availability of a name, phrase, or image. The Client will hold harmless and protect me from any claim arising from the use of content furnished by the Client.
I retain the right to display designs in my portfolio and website unless exclusion is explicitly requested and agreed upon in writing with the Client.
Revisions and Author Alterations
All revision requests, updates, corrections, additions or variations MUST be furnished to me in writing. No work will be done until the Client submits their revisions in writing by message/email.
The Client understands that all revision requests, updates, corrections, additions, or variations will incur a project charge. Design work is not done free of charge unless otherwise arranged with me explicitly and clearly in writing.
The total project quote or rate provided by me is based on a reasonable average or specified number of revisions per design item. On the occasion the Client requests drafts or revisions that go beyond the scope of the original quote or rate, I reserve the right to charge an additional rate upon informing the Client that the request will incur an additional cost.
Design and development services involve significant specialization and expertise, therefore design projects should be regarded differently than a manufactured product. My rates ensure appropriate compensation for my time and expertise.
All quotations given are estimates only unless otherwise negotiated and noted in writing on a Client contract. Assuming no additions have been made by the client throughout the project, the final invoice will not exceed the quoted amount by a margin of over 7.5% without prior notification and written authorization by the client.
All projects under 400€ are to be paid in full before the start of the project. All projects over 400€ will require at least 50% deposit, and the balance paid in full before delivery of the final design files.
All work remains the property of NicoMotions until final payment is received. The client may not use or distribute any works until paid for in full.
Trusted clients requiring long-term and ongoing design work may be placed on a monthly billing cycle upon request. Clients on monthly billing will be invoiced on or around the last week of each month. Clients requesting a monthly billing arrangement are required to maintain current contact information and a valid PayPal email on file with me.
Online payments are processed securely using bank-grade SSL encryption, through PayPal.
A project shall be considered abandoned after 30 consecutive days have passed since the last communication received from the Client. In all abandoned projects, deposits are forfeit without the option for reclamation. Any renewal of the project after termination will require a new agreement, fee schedule and deposit.
NicoMotions’s web servers automatically recognize a visitor’s domain name and IP address. The domain name and IP address reveal nothing personal about a visitor. NicoMotions may use this information to examine web traffic and campaign performance. NicoMotions does not automatically record e-mail addresses or any personal information of its website visitors.
I will only disclose Client information or IP address when required by law or in the good-faith belief that such action is necessary to:
1. Protect and defend the rights or property of the NicoMotions website and related properties, or visitors to the NicoMotions website and related properties.
I use every reasonable precaution to keep Client information secure, and I will not be held responsible for breach of security or the actions of any third-party that receives information. I am not responsible for such third party privacy policies or how they treat information about their users.
Your consent to this agreement
By using the NicoMotions website and/ or engaging in business with NicoMotions, you consent to the terms specified above. NicoMotions reserves the right to modify these Terms and Conditions at any time.
This web page will reflect the latest Terms and Conditions. In the event there is a discrepancy between a digital or printed version of these Terms and Conditions and this web page, the Terms and Conditions on this web page take precedence.
In the event that a Client’s Terms and Conditions conflict with those out here, this web page shall be considered to be the authoritative one, unless a separate contract has been negotiated between NicoMotions and the Client.
Updated March 17th 2021.