Scope of Work

Services to be provided shall be clearly defined and mutually agreed upon in writing, whether through a formal contract, proposal, or email, prior to the commencement of any work. Any additional work outside this scope will require prior approval and may incur additional fees.

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Estimates

The fees and expenses provided in the estimate are an initial projection. All project estimates are based on the initial scope and may be subject to change if the scope of work is modified during the project. All estimates are valid for 30 days.

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Payment

Payment for the Services shall be made in accordance with the terms and conditions set forth in the project agreement between the parties. Dani Design LLC transfers to the client the grant of any license or right of copyright upon receipt offull payment.

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Changes and Modifications

The Client understands that any additions or changes to the agreed scope, content, or design may result in additional time and costs.

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Approved Expenses

The Client agrees to reimburse Dani Design LLC for any reasonable, documented, and pre-approved out-of-pocket expenses incurred by Dani Design LLC in connection with the performance of the Services under this Agreement. Such reimbursable expenses may include, but are not limited to, the acquisition of stock images, fonts, graphic design tools, or any other third-party materials or resources that are necessary for the successful completion of the Project, provided that such expenses have been expressly approved in writing by the Client prior to their incurrence.

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Timeline and Deliverables

Project timelines and deliverables will be outlined and agreed upon before the start of any work. While Dani Design LLC strives to meet all agreed-upon deadlines, delays may occur due to unforeseen circumstances. If there are any delays or changes to the timeline, the client will be notified.

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Uniform Commercial Code

The terms of this agreement are governed by Article 2 of the Uniform Commercial Code (UCC), as applicable.

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Code of Fair Practice

Both parties agree to adhere to industry-standard guidelines as set forth in the Code of Fair Practice for Design.
A copy of the Code will be provided upon request.

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Confidentiality

Both parties agree to maintain the confidentiality of any proprietary, confidential, or sensitive information that may be shared during the course of the project. Dani Design LLC agrees not to disclose any information regarding the project to third parties without prior written consent from the Client.

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File Retention and Backup

Upon completion and delivery of the final deliverables to the Client, Dani Design LLC shall not be responsible for the storage or backup of any project files, including, but not limited to, source files, artwork, or any other related materials. It is the Client’s sole responsibility to backup and maintain copies of all files. Dani Design LLC will retain project files for a period not exceeding 1 year after the final delivery date, after which is under no obligation to store, maintain, or provide access to such files. The Client acknowledges and agrees that, beyond this period, Dani Design LLC shall have no liability for any loss or damage to the project files, and any requests for file retrieval after this period will be subject to additional fees and availability.

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Cancellation

If this agreement is canceled, ownership of all copyrights and original work shall remain with the Dani Design LLC. The Client agrees to compensate Dani Design LLC for services rendered up to the cancellation date on a prorated basis.

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Accreditation/ Promotions

Dani Design LLC reserves the right to include and display the final deliverables in its private, password-protected portfolio, website, or other promotional materials. Such use is solely for the purpose of showcasing the Company’s work for recognition of creative excellence, professional advancement, or marketing efforts. The Company agrees to use reasonable measures to ensure that any client-sensitive or confidential information is not publicly disclosed without prior consent.

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Releases

The Client agrees to indemnify and hold Dani Design LLC harmless from all claims, liabilities, and expenses, including reasonable attorney’s fees, arising from the use of the work for which no written release was obtained. The Client also assumes responsibility for any future copyright infringement claims and agrees not to hold Dani Design LLC liable for any copyright searches.

 

Copyrights and Trademarks

The Client warrants that they hold the necessary copyrights, trademarks, or permissions for any text, images, logos, or other materials provided for use in the project. The ownership of these materials remains with the Client or the rightful copyright/trademark holder.

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Warranty of Originality

Dani Design LLC warrants that, to the best of its knowledge, the work is original and has not been previously published, or, if previously published, that the necessary consent for use has been obtained on an unrestricted, perpetual basis. Dani Design LLC further represents and warrants that it has full authority to enter into this agreement, and that the work does not contain any scandalous, libelous, defamatory, or otherwise unlawful content. This warranty is limited to the work as delivered by Dani Design LLC and does not extend to any modifications or uses made by the Client or any third party, which may infringe upon the rights of others. The Client expressly agrees to indemnify, defend, and hold Dani Design LLC harmless from any and all claims, damages, liabilities, or expenses arising from the Client’s use of the work in a manner that infringes upon the rights of third parties.

 

Limitation of Liability

The services and work provided by Dani Design LLC are offered ‘as-is.’ In no event shall the Designer or its affiliates be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost data, lost profits, or business interruptions, regardless of the form of action (contract, tort, etc.). The maximum liability of the Designer, its directors, officers, employees, agents, and affiliates, for any damages shall not exceed the amount paid by the Client for the services rendered.

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​​Acknowledgment

By engaging Dani Design LLC for services, the Client acknowledges and agrees to the terms outlined in this agreement.