Terms + Conditions

Licenses

 

All digital content is protected under the Creative Commons (CC) licenses and is owned by us (Dizzy Designs) and our clients (Licensors). 

 

1. Any project that is purchased is granted a non-exclusive and non-transferable license to use said digital content subject to the following:

a) For an Individual Consumer the right to the digital content is for personal use only.

b) For a Business the right to the digital content is solely in connection with business activities.

c) If you are a Business or Organization these terms constitute the entirety of the agreement between us and your Business/Organization’s Purchase. By acceptance of these terms you agree and acknowledge that you have not relied on any outside statement, conditions, promises, agreements (via verbal or written), or warranties made or given on behalf of us which is not explicitly set out in these Terms and Conditions.

 

2. The Client does not have the right to resell, transfer, distribute, or copy any of the digital content associated with their order. It is not permitted to reverse engineer the digital content included with any order under any circumstances. 

a) All projects that are centered around merchandise, digital or print,  must be discussed prior to project finalization.

b) Intents to use designs as merchandise must be communicated by the client before sale of products. Failure to comply with these terms or communicate intent may result in Legal Action. 

 

3. We reserve the right to display and link to the Client’s project/s as part of Our or Our Contractor’s portfolios and social media. We understand that some projects may require they remain private for a certain period of time before the public may view them. We will always respect and honor these timeframes in accordance with the Client’s guidelines.

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Order/Project Acceptance and Adjustments

 

1. We will inform the Client in writing that the order/project is accepted at which point a contract will come into existence between Dizzy Designs and the Client.

 

2. If we are unable to accept the Client’s order/project we will inform the Client in writing and we will not charge you for the desired services. This may be because of unexpected limits or capacity limits on our resources, we have identified an error in the pricing or description of the services, we are unable to meet a delivery deadline that has been requested, or we do not feel that we are the best fit for the desired services.  

 

3. Please note that only the assets included in the initial quote and/or invoice will be included in the project scope. If changes are made to the order during the course of the project all adjustments and additional assets required will be added to the final invoice which will be adjusted accordingly.  

 

Payments

 

All Payments must be agreed upon by both parties before transfer of funds. No services will be provided if any Payments are made without an accompanying invoice or agreement.

 

1. All Payments are final.

 

2. All Payments are subject to Taxes and Fees in accordance with our State and Federal Guidelines. All Taxes and Fees are non-refundable.

 

3. Any orders under $200 must be paid in full upfront

 

4. Any orders over $200 require a 50% non-refundable Deposit upfront. As the services we provide are custom made or bespoke, deposits paid are non-refundable as we will incur certain costs and expenses when accepting an order.  The remaining 50% of the project total is due upon delivery of the final project revision. Once the project total is paid in full, the project's final assets will be available for access, download, or use by the Client. The Client may not use assets in any capacity unless the project has been paid for in full.

a) A client may elect to pay the project total in full at inception of the project. If this Payment option is selected, the client accepts that if the project is canceled by the result of the client or the client's actions that no refund will be given. The Client waives all rights to any refund or damages if these terms and conditions are not met in full. 

b) If  the project is canceled by the result of Dizzy Designs or our error, a portion of the payment may be refunded. The timing and amount of refund will be solely determined by Dizzy Designs. 

c) Once Final Assets are completed and the Client has been notified in writing and given Final Demos, Final Payment will be expected to be paid within 3 business days unless otherwise communicated.

 

5. As of July 2024, all Payments may be made via PayPal, or via our Quickbooks Online Invoicing portal. Failure to pay via these methods may result in a cancellation of the project. All Payments made via these platforms are subject to non-refundable Taxes and Fees (*see Payments #2*). 

 

6. Any Rush Order Fees required for a project must be paid in full at inception along with any required non-refundable Deposits (*i.e. 50% Upfront Deposit + Rush Fees = Required Amount to begin a Rush Order*). All additional fees that result from a Rush Order are non-refundable in any circumstances.

 

7. The Rush Order Fee amount will be determined by availability of resources, desired delivery deadline, and number of assets that are to be included in the project. This amount may range between 10% to 100% of the project subtotal before Taxes and Fees.

 

Communication

 

All client communication must be timely, either verbal or written. If a client fails to communicate in an effective and timely manner, Dizzy Designs reserves the right to cancel the project without refund. This includes failing to provide adequate materials or references needed to complete the project, failing to communicate or provide timely feedback at key update points in the project (including drafts, revisions, and questionnaires), or failure to communicate in a professional manner.  

 

Definition of Timely Manner. We define Timely Manner as within 2 (two) weeks or 14 (fourteen) Calendar Days of our written communication. Failure to communicate within that aforementioned timeframe without adequate written notice will result in the cancellation of the project without refund. The Client accepts full responsibility and waives rights to refunds or damages if this definition is not met. 

 

We acknowledge that various circumstances, family matters, and business matters may impact communication. As long as the Client communicates their absence with us in advance we will honor a longer time frame of no communication. 

 

We (Dizzy Designs) will do everything within our power to communicate in a professional, kind, and appropriate manner, we ask our clients to act accordingly. 

 

Preferred methods of communications in order of preference are; Discord Message/Server, Social Media Direct Messages, Phone, and Email.  

 

Drafts and Revisions

 

All clients are entitled to Drafts and Revisions unless otherwise discussed. We will provide a number of rounds of drafts for all projects and project types in accordance with their order.  Clients are responsible for providing written or verbal feedback within a Timely Manner so we can provide top quality final assets. . 

 

1. Dizzy Designs maintains exclusive rights of all Drafts created in the process of every project. Drafts are not permitted to be shared outside of project communications without Our explicit permission. Failure to comply may result in Legal Action.

 

2. Drafts and Revisions are included in all projects and are free in most cases but may be subject to additional charges if drafting and revisions become excessive. The determination of excessive revisions will be solely determined by Dizzy Designs. *Excessive Revision Fees will be charged on a Per-project Basis.* 

 

3. Any Final Revisions that result in Our error will be fixed to the best of our ability and free of charge.

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Waitlist, Queue, and Rush Orders

 

All clients may be subject to Our Waitlist or Queue. Wait times will vary depending on demand, our available resources, project length, and project type. Where clients are placed in the Waitlist or Queue will be solely determined by Dizzy Designs with no exceptions. 

 

Rush Orders will be placed at the top of the Waitlist/Queue based on our availability of time and resources. Rush Order completion time will vary per order and will be discussed and determined by both parties (Client and Dizzy Designs).

 

File Management

 

All Final Assets will be held and maintained in a Dizzy Designs Shared Google Drive for a minimum of 6 months before files are Archived. 

 

Dizzy Designs holds full rights to all Source Files for all projects. Clients may purchase Source Files for up to 100% of the Project Total and must be discussed prior to inception of the project. Dizzy Designs may use whatever program, software, tools, or resources required to complete projects professionally and efficiently. 

 

Hardware and Optimization Disclaimer

 

Graphic assets both static and animated may decrease PC, Hardware, or Website performance. By purchasing Dizzy Design graphical assets you accept all risk and liability that use of assets may potentially impact speed, Hardware, or Website performance. 

 

Conduct Disclaimer

 

Under no circumstances do we tolerate any instances of racism, sexism, bigotry, sexual harassment, hate speech, or violence. If any instance of the previously mentioned items occurs during the course of our business, We reserve the right to cancel the project or service immediately. Upon acceptance of these terms and conditions the Client agrees to conduct themselves in a professional manner and agrees that any acts or instances of the previously stated items results in a cancellation of the project or service without refund, no exceptions.

 

Acceptance of Terms and Conditions

 

Upon receipt of an initial submission of our website's Inquiry/Contact Form, written communication of order/project acceptance, or transfer of funds for order/project payment the client accepts all Terms and Conditions without exception. 

 

If you have any questions about these terms and conditions please contact us at: contact@designsbydizzy.com