Terms & Conditions

Refunds, Returns, Policies & More

Work

Client retains NOYADESIGNS to create Work in the form of graphic design, web design, social media management or other digital marketing services that NOYA provides. Work includes only the final, deliverable art, and not any preliminary work or sketches. Client receives a maximum three (3) revision limit on all Work. If Client is not satisfied after the three revisions, NOYADESIGNS, LLC will charge $25 per additional revision for graphic related Client requests, and $50 per additional revision for web design related requests. Revisions include, but are not limited to,  changes made to: fonts, colors, sizing, layouts etc..

Price and Delivery

The non-refundable fee for Work is 50% of the total amount of the Work commissioned by the client. A deposit of between 25% – 50% of the total amount of Work commissioned by the client is required before any work begins. Payment should be made in the method and manner specified by NOYADESIGNS. Work is to be delivered no later than [15-21 BUSINESS DAYS FOR LOGO DEVELOPMENT, FLYERS, SOCIAL MEDIA DESIGN, PRINT DESIGN. 4-6 WEEKS FOR BRANDING PACKAGES, AND LARGER PROJECTS.], but NOYADESIGNS agrees that the date of delivery is not material to this Agreement. No finalized artwork files will be delivered until balance is paid off.

​If work is purchased, and Client does not complete within 60 days, there is a $150 restart fee. If over 120 days, project is null and void, and no refund shall be issued. Logo files are sent over in EPS, PDF, PNG, and JPG formats. Print files are sent over in PDF formats. Adobe Photoshop .PSD & Adobe Illustrator .AI files are available for an additional fee.

Grant of Rights

NOYADESIGNS may use Work in portfolio (including, but not limited to, any website that displays NOYADESIGNS works). Client and NOYADESIGNS agree that when asked, Client must properly identify NOYADESIGNS as the creator of Work. Client does not have a proactive duty to display NOYADESIGNS name together with Work, but Client may not seek to mislead others that Work was created by anyone other than NOYADESIGNS. Draft files of artwork are property of NOYADESIGNS, and shall not be used in any matter or posted onto Social Media. That can be breach of contract, and cause NOYADESIGNS to forfeit project. In this case, no refund.

Cancellation, and Expiration

The fee for Work is non-refundable. If Client nonetheless does not want or refuses to receive Work, NOYADESIGNS may decide whether or not to complete Work, and will exclusively retain all right to Work. 

Limitation of Liability

Client agrees that NOYADESIGNS will not be liable for any damages (including, but not limited to, incidental or consequential damages), that arise from NOYA’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)

Notice

All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to NOYA as follows:

Phone: 647-367-1644
Fax: 647-367-1645
Email: christina@noyadesigns.com

or to such other address as any Party may from time to time notify the other.

Performance

The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency

Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (American Dollars).

Payment Penalties

No late payment penalty will be charged if the Customer does not comply with the rates, amounts, or payment dates provided in this Agreement. There are absolutely no refunds of deposits or any other monies that may or have been given to NOYADESIGNS in any case or situation.

Performance Penalties

No performance penalty will be charged if the Computer Services Provider does not perform the Services within the time frame provided by this Agreement.

Confidentiality

Confidential information (the “Confidential Information”) refers to any data or information relating to the Customer, whether business or personal, which would reasonably be considered to be private or proprietary to the Customer and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.

The Computer Services Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Computer Services Provider has obtained, except as authorized by the Customer. This obligation will end on the termination of this Agreement.

All written and oral information and material disclosed or provided by the Customer to the Computer Services Provider under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Computer Services Provider.

Provision of Extras

The Computer Services Provider will be reimbursed from time to time for all reasonable and necessary expenses incurred by the Computer Services Provider in connection with providing the Services hereunder.

The Computer Services Provider will furnish statements and vouchers to the Customer for all such expenses.

Confidentiality

Confidential information (the “Confidential Information”) refers to any data or information relating to the Customer, whether business or personal, which would reasonably be considered to be private or proprietary to the Customer and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.

The Computer Services Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Computer Services Provider has obtained, except as authorized by the Customer. This obligation will end on the termination of this Agreement.

All written and oral information and material disclosed or provided by the Customer to the Computer Services Provider under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Computer Services Provider.

Non-Competition

Other than with the express written consent of the Customer, which will not be unreasonably withheld, the Computer Services Provider will not, during the continuance of this Agreement, divert or attempt to divert from the Customer any business the Customer has enjoyed, solicited, or attempted to solicit, from other individuals or corporations, prior to termination of this Agreement.

Non-Solicitation

Any attempt on the part of the Computer Services Provider to induce to leave the Customer’s employ, or any effort by the Computer Services Provider to interfere with the Customer’s relationship with its employees or other service providers would be harmful and damaging to the Customer.

The Computer Services Provider agrees that, during the term of this Agreement, the Computer Services Provider will not in any way directly or indirectly:

  1. induce or attempt to induce any employee or other service provider of the Customer to quit employment or retainer with the Customer;
  2. otherwise interfere with or disrupt the Customer’s relationship with its employees or other service providers;
  3. discuss employment opportunities or provide information about competitive employment to any of the Customer’s employees or other service providers; or
  4. solicit, entice, or hire away any employee or other service provider of the Customer.

Ownership of Materials and Intellectual Property

All intellectual property and related material (the “Intellectual Property”) including any related work in progress that is developed or produced under this Agreement, will be the sole property of the Customer. The use of the Intellectual Property by the Customer will not be restricted in any manner.

The Computer Services Provider may use the Intellectual Property for promotional purposes such as: within the NOYA portfolio; to showcase their level of work to other companies; to show the work done for the Customer. The Computer Services Provider will not be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.

Return of Property

Upon the expiry or termination of this Agreement, the Computer Services Provider will return to the Customer any property, documentation, records, or Confidential Information which is the property of the Customer.

Capacity/Independent Contractor

In providing the Services under this Agreement it is expressly agreed that the Computer Services Provider is acting as an independent contractor and not as an employee. The Computer Services Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Abandonment of Project

Please be advised that should NOYADESIGNS make an attempt to contact the client at any time, through either: phone call, email, text message or IM service (i.e. Facebook Messenger, Google Chat, Whatsapp etc.), and a response is not received within 1 week (5 business days), the project will be deemed as abandoned. An abandoned project releases both the client and NOYA from this contract. No monies that have been sent to NOYA will be refundable in all cases including project abandonment. There will be a $150.00 reinstatement fee for NOYA to resume work on the project and a timeline will need to be renegotiated once the project has been reinstated.

Last Updated: May 22, 2018