TERMS & CONDITIONS
Last updated: January 1, 2024
1. Agreement to Terms
By accessing or using the services of PENSION DESIGN GROUP, INC (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access our services.
2. Services
PENSION DESIGN GROUP, INC provides graphic design, brand identity, art direction, and related creative services. The specific scope, deliverables, timeline, and fees for each project will be outlined in a separate project proposal or contract agreed upon by both parties.
3. Project Proposals and Contracts
All projects require a signed proposal or contract before work begins. Proposals include:
- Detailed scope of work and deliverables
- Project timeline and milestones
- Pricing and payment schedule
- Number of revision rounds included
- Terms for additional work or changes
4. Payment Terms
Unless otherwise specified in the project contract:
- A 50% deposit is required before project commencement
- The remaining balance is due upon project completion, before final deliverables are released
- For larger projects, payments may be structured across multiple milestones
- Invoices are due within 14 days of receipt
- Late payments may incur a 1.5% monthly interest charge
5. Revisions and Changes
Each project includes a specified number of revision rounds as outlined in the proposal. Additional revisions beyond the included rounds will be billed at our hourly rate. Significant changes to the project scope may require a revised proposal and additional fees.
6. Intellectual Property
Upon full payment, the client receives ownership of the final approved deliverables. However:
- We retain the right to display work in our portfolio and promotional materials
- Preliminary concepts, rejected designs, and working files remain our property
- Any third-party elements (stock images, fonts, etc.) are subject to their respective licenses
7. Client Responsibilities
Clients agree to:
- Provide necessary materials, information, and feedback in a timely manner
- Designate a single point of contact for project communications
- Review and approve work within agreed timeframes
- Ensure they have rights to any materials provided to us
- Make payments according to the agreed schedule
8. Confidentiality
We maintain strict confidentiality regarding all client information, business strategies, and project details. We will not disclose confidential information to third parties without written consent, except as required by law.
9. Project Cancellation
Either party may terminate a project with written notice. In case of cancellation, the client is responsible for payment of all work completed up to the cancellation date. Deposits are non-refundable unless the project is cancelled within 30 days of the start date (see our Refund Policy).
10. Limitation of Liability
PENSION DESIGN GROUP, INC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our services. Our total liability shall not exceed the amount paid by the client for the specific project in question.
11. Indemnification
Clients agree to indemnify and hold harmless PENSION DESIGN GROUP, INC from any claims, damages, or expenses arising from the client's use of our deliverables, including any claims of intellectual property infringement related to materials provided by the client.
12. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, war, terrorism, riots, embargoes, or acts of civil or military authorities.
13. Governing Law
These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Virginia.
14. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Continued use of our services after any changes constitutes acceptance of the new terms.
15. Contact Information
For questions about these Terms and Conditions, please contact:
PENSION DESIGN GROUP, INC
9642 Ridgeview Dr
Marshall, VA 20115
Email: karlalbert@designbypension.com
Phone: (970) 508-5660