Terms & Conditions
Payment
Deposits, Final Payments and Delivery
For projects with a total value exceeding $1,500, I reserve the right to request a 50% non-refundable deposit prior to commencing work. An invoice will be issued via email and payment is due within 30 days of the invoice date. By submitting payment, you are accepting these Terms of Service and entering into a contractual agreement with Daniel Partenie.
For projects valued at $1,500 or less, full payment is required upfront prior to the commencement of work.
The remaining balance for projects requiring a deposit will be invoiced prior to the delivery of final exports, renders, or project files. I reserve the right to withhold delivery of final assets until payment has been received in full.
All invoices are payable within 30 days of issue unless otherwise agreed in writing.
I reserve the right to charge any fees incurred in connection with the commencement of collection or recovery processes for accounts that remain unpaid beyond 30 days.
Ownership & Copyright
Restrictions to the signing of this agreement
All preparation materials, sketches, visuals, concepts, and working files created throughout the project remain the property of Daniel Partenie unless otherwise agreed in writing.
Ownership of the final approved deliverables and associated project files transfers to the client only upon receipt of full and final payment. Upon full payment, all project files created specifically for the project will be provided to the client at no additional cost.
If final payment is not received as agreed, all designs, concepts, and working files remain the property of Daniel Partenie, and the client may not use, modify, reproduce, or distribute any materials created during the project.
Unused or preliminary concepts remain the property of Daniel Partenie unless otherwise specified in writing. In the event of non-payment, I reserve the right to reuse, adapt, or further develop any unused concepts for other clients or for portfolio purposes.
I retain the right to display completed work, concepts, and supporting materials in my portfolio, social platforms, or other promotional materials, unless a confidentiality agreement (NDA) has been agreed upon in advance.
Copyright, Trademark & Third-Party Licensing
I do not provide legal services, including trademark searches, copyright registration, or formal name clearance. Any trademark registration, copyright filing, or other legal protection for the final approved deliverables is the sole responsibility of the client.
While reasonable steps are taken to ensure originality in my work, I do not guarantee that the final approved deliverables are free from all potential intellectual property conflicts. Clients are responsible for conducting their own legal due diligence prior to registration, public release, or commercial use.
Third-Party Materials & Licensing
If the project includes third-party assets — including but not limited to music, audio, stock footage, photography, fonts, plugins, or other licensed materials — the client is responsible for securing appropriate licenses unless otherwise agreed in writing.
I am not liable for any claims, damages, or legal issues arising from the use of third-party materials supplied by the client or requested for inclusion in the project.
Typefaces
Licensing of any used fonts or typefaces
Any fonts/typefaces that are purchased for the final design, and/or supporting brand identity assets, are subject to commercial licensing laws. A font/typeface licence gives only the owner full rights to use the font/typeface as necessary.
In my initial presentation of concepts, I will provide information of 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 bear this in mind when approving designs.
It is against the law for me to provide any client a ‘copy’ of any font/typeface that I own, and have personally purchased.
If you would like to use a copy of a font/typeface that I have purchased, to be used commercially, you must purchase the respective font/typeface licence, 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, should you require a font to use in your own artwork for editing purposes, such as on a website or a print presentation, then you will need your own license through a desktop license purchase.
Cancellation
Cancellation During the Project
If you choose to cancel the project after work has commenced and concepts or proposals have been submitted, refunds of previous payments will not be issued. However, depending on the amount of work completed and the overall project budget, a partial refund may be considered at my discretion.
If I become ill or am otherwise unable to complete the project due to unforeseen circumstances, a portion of the overall budget will be returned. In most cases, the full amount paid for any incomplete work will be refunded. If any completed work can reasonably be transferred for another designer to continue, a refund will be issued proportionate to the amount of work remaining. Any other reasonable solution may also be considered.
Project Suspension
I reserve the right to suspend or terminate any project in the event of excessive micromanagement, a demonstrated lack of trust, an inability to move forward after a reasonable number of unique design concepts have been presented, and/or failure or reluctance to remit final payment as agreed.
Fair notice will be provided, along with an opportunity to remedy the situation before suspension or termination occurs.
In the event of suspension or termination due to the circumstances outlined above, no refunds will be issued, and all designs, concepts, and work created up to that point will remain the sole property of Daniel Partenie.
Force Majeure
I shall not be deemed in breach of these Terms of Service if I am unable to perform any obligation due to causes beyond my reasonable control, including but not limited to acts of God, government actions, terrorism, riot, war, accident, transportation or material shortages, or other unforeseen events.
You will be notified promptly of the nature of the delay, and performance will resume as soon as reasonably possible following the resolution of the force majeure event.
Brand Naming
The client assumes full responsibility for ensuring that any company name, product name, or brand name is legally available for use prior to the commencement of the project.
I do not provide trademark searches, legal name clearance, or registration services. If any legal issue arises relating to the use of a name after the project has been completed, no refunds will be issued, and I shall not be held legally responsible for any resulting claims, damages, or disputes.
It is the client’s responsibility to ensure that the selected name has undergone appropriate legal checks and does not infringe upon any existing trademarks, registered business names, or intellectual property rights.
Changes to the approved name during an active project may result in significant delays and additional costs. If a name change is requested after substantial concept development or design exploration has been completed, the project scope and total cost will be reassessed to account for the additional work required.
Restrictions
Restrictions to the signing of this agreement
These Terms of Service do not grant you any rights or permission to use, modify, alter, replicate, or borrow any previous ideas, concepts, or sketches presented during the course of this project. All original preparation materials, sketches, visuals, and unused ideas remain the sole property of Daniel Partenie.
I reserve the right to reuse or develop any unused or previous ideas for future conceptual or client work. In cases where an unused concept shares similarities with the final approved deliverables, I will revise and restyle the design to ensure it is sufficiently distinct and does not create conflict.
Unless otherwise agreed in writing, I retain the right to showcase the completed deliverables and any associated designs in my portfolio, online galleries, showcases, awards, and printed publications (including books and magazines), now and in the future.
Associated designs and artwork may include, but are not limited to: commercial print materials, business cards, stationery, signage, desktop icons, mobile applications, and other related branding assets.
Any supporting artwork or design elements created as part of this project may also be used by me for professional and promotional purposes.
Once final payment has been made, you are free to change, modify, or adapt the final approved deliverables as you see fit. However, any such modifications are made at your own risk, and I am not responsible for alterations made after project completion.
Limitation of liability
Loss or Damage
You acknowledge and agree that Daniel Partenie shall not be held legally responsible for any loss or damage suffered or incurred in connection with the use of my services. This includes, but is not limited to, losses arising from amendments, errors, omissions in documents or designs, or from any goods or services provided.
This limitation also applies to your use of or reliance upon any third-party content, links, comments, or external materials referenced during the project. Any use of, or reliance upon, information, materials, designs, or deliverables provided by me is done entirely at your own risk.
You acknowledge that materials and information provided may contain inadvertent inaccuracies or errors. To the fullest extent permitted by law, liability for any such inaccuracies or errors is expressly excluded.
I affirm that all design work presented will be original and created to the best of my knowledge without intentional infringement or plagiarism of any existing work. Reasonable and limited checks may be conducted, including searches of publicly available databases (such as WIPO) and reverse image searches across search engines. However, I assume no legal responsibility for any claims, loss, or damages arising from issues relating to originality, authenticity, or intellectual property disputes.
You agree to conduct your own independent due diligence regarding trademarks, originality, and legal clearance prior to final use or registration. If you have concerns regarding this matter, they should be discussed prior to the commencement of work.