Pankaj Kukreti - Terms of Service 

Payment
Terms 

Typefaces and 

Licensing 

Restrictions on Usage of Preliminary Work 

• Deposits: An advance payment, ranging between 20% to 50% of the total project cost, may be required before commencing work. The specific deposit percentage will be determined based on the project requirements and mutual understanding, as outlined in the project proposal or invoice. An invoice for the deposit will be issued via email, and payment is expected within fourteen (14) days (including weekends) from the date of the invoice.

• Final Payment and Delivery: The remaining project cost and any associated service charges will be invoiced upon completion of the project and prior to the release of final design files (e.g., logo files, final exports). I reserve the right to withhold delivery of the final deliverables until full payment has been received.

• Invoicing for Unresponsive Clients: If you become uncontactable or unresponsive for a period exceeding 15 days, I reserve the right to issue an invoice for the work completed up to that point.

• Payment Plans: You may request a payment plan, which may be accepted at my sole discretion. Any agreed-upon payment plan must be documented in writing and signed by both parties.

• Payment Due Date: All invoices are payable within fourteen (14) days (including weekends) from the date of issue.
  
  

• Late Payment Charges: I reserve the right to charge interest on overdue amounts at a rate of 15% per annum from the due date until the date of actual payment. Additionally, you will be responsible for all reasonable expenses incurred in the collection of overdue payments, including legal fees.

• Currency & TDS: All costs are in Indian Rupees (INR) unless stated otherwise. If Tax Deduction at Source (TDS) is applicable under Indian law, the applicable TDS amount will be deducted from the total payment. An extra 10% of the total payment will be added to the invoice to cover this TDS deduction. You are responsible for providing TDS certificates as per government regulations. For TDS details, see here incometax.gov.in

• Grant of License: The designer grants the recipient exclusive, worldwide rights to use, modify, and distribute the delivered work for all commercial and non-commercial purposes, including digital, print media, and any other media platforms, with full usage rights, subject to the Usage Presets specified in the separate "License Document." This license is perpetual, and the work may not be transferred or sublicensed without prior written consent from the designer. The recipient is not required to share any derivative works or provide attribution to the designer unless specified in a separate agreement.

• Support: The recipient is entitled to 15 Days of support for any minor adjustments or modifications to the delivered work, starting from the date of license creation or final delivery. After this period, any further changes will be subject to additional charges, based on the scope of the modifications.

• Exceeding the Limit: Royalties for Exceeding 10 Million Units: As a token of appreciation for the successful use of the delivered work, if the recipient’s usage exceeds 10 million units in any given financial year, the recipient agrees to pay a 1% royalty on the revenue generated from the use of the delivered work during that year, payable to the designer.

• Conservability & Portfolio Usage: Designer’s Rights to Showcase: The designer retains the right to showcase the delivered work as part of their portfolio, including on the designer's website and in marketing materials, with appropriate credit given to the recipient as the client. This is for the purpose of promotional and professional use only and does not limit the recipient’s rights to use the delivered work as described above.

• Reference to License Document: This Agreement refers to and is governed by the referenced License Document, which contains the specific client details, such as name, email, start date, end date, and Usage Presets. All relevant information about the client and usage terms are included in the referenced document.

• These Terms of Service explicitly state that you are not granted any rights or permission to use, modify, alter, replicate, or borrow any of the preliminary ideas, concepts, or sketches presented during the design process. All original preparation materials, sketches, visuals, and unused ideas remain my intellectual property.

• I retain the right to utilize these unused and previous ideas for future conceptual development and client projects. In cases where a previously unused idea or design bears a resemblance to the final approved logo, I will ensure sufficient modifications are made to distinguish the final design and avoid any potential conflict.

• Unless explicitly agreed upon in writing, I reserve the right to showcase the final logo and associated designs in my professional portfolio, online galleries, showcases, award submissions, and in printed promotional materials (including books and magazines), both currently and in the future. Associated designs and artwork may include commercial print designs, business cards, stationery, signage, desktop icons, mobile application icons, and related imagery.

• Any supporting artwork and designs created for this project may be used by me for personal and professional promotional purposes.

• While you are free to change, modify, and adapt the final approved logo design at your own discretion, you acknowledge that any such modifications are undertaken at your own risk and responsibility.

Ownership and Copyright 

Trademark & Copyright Responsibility 

Brand Naming Responsibility 

• All preparation materials, sketches, visuals, including the electronic files used in the creation of the project, remain my intellectual property. The final approved artwork and digital files will become your property only upon full and final payment of all outstanding project fees.

• If final payment is not received as agreed, all designs and concepts remain my property until such payment is made in full.

• In the event of non-payment, I reserve the right to reuse, amend, or otherwise utilize any of the initial ideas and concepts for other clients or for promotional purposes in my portfolio.

• Any attempt by you to use, modify, alter, replicate, or misappropriate any of my ideas or designs without making the agreed-upon final payment will be considered a breach of these terms, and I will be entitled to take immediate legal action to protect my rights.

• Pankaj Kukreti reserves the right to display any artwork, ideas, and sketches created for this project in a portfolio as examples of client work. This is typically done after the project's completion. If you have specific confidentiality or non-disclosure requirements, you must inform me of these requirements in writing before agreeing to the project proposal.

• Final payment ensures that ownership of only the agreed-upon final logo design is transferred to you, subject to the License Terms outlined in Section 2. All preliminary ideas and concepts remain my property unless a prior written agreement states otherwise.

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• You bear the full responsibility for ensuring that your company name, product name, or any other name associated with the project is legally available and does not infringe upon the rights of any third parties before the commencement of work.

• Should any legal issues arise concerning the name after the project has been completed, no refunds will be provided, and I will not be held legally responsible for any resulting problems or liabilities.

• It is crucial to verify the legal availability of your chosen name before committing to a logo design project. Changes to the project name during the design process can be exceptionally costly, complex to implement, and may cause significant delays.

• If a change of name is required mid-project, and substantial logo exploration work has already been presented, I reserve the right to recalculate the total project cost to account for the additional work involved. You are responsible for ensuring that the chosen name has undergone appropriate legal checks and does not infringe upon any existing trademarks or business names.

Cancellation

Force Majeure 

Limitation of Liability 

• Cancellation by You During the Project: If you decide to cancel the project after initial concepts and proposals have been submitted, any prior payments made are non-refundable. However, depending on the amount of work completed and the overall project budget, a partial refund may be considered at my sole discretion.

• Cancellation by Me Due to Unforeseen Circumstances: In the event of my illness or inability to complete the project due to unforeseen circumstances, a fair portion, and in most cases the complete amount of the project budget, will be refunded to you. If any completed work can be reasonably utilized by another designer, a percentage of the refund may be adjusted based on the work delivered, or other reasonable arrangements will be considered.

• Project Suspension by Me: I reserve the right to suspend or terminate the project if there is excessive micromanagement, a demonstrable lack of trust and inability to progress after presenting a reasonable number of unique design ideas/concepts, and/or a reluctance to make the final payment. Fair written notice will be provided, offering an opportunity to rectify the situation before suspension or termination. Any suspension or termination under these circumstances will not result in any refunds, and all designs and work developed up to that point will remain my full property.

• To the fullest extent permitted by law, you agree that Pankaj Kukreti shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from: (i) the use or the inability to use my services; (ii) any amendments, errors, or omissions in documents, designs, information, or any goods or services offered by me; (iii) your reliance on any third-party content, links, comments, or advertisements; or (iv) any other matter relating to my services. Your use of any information or materials I produce is entirely at your own risk.  

• You acknowledge that such information and materials may contain inaccuracies or errors, and you expressly release Pankaj Kukreti from any liability for such inaccuracies or errors to the maximum extent permitted by applicable law.  

• I represent that all designs presented to you will be original to the best of my knowledge and will not intentionally infringe upon the intellectual property rights of any third party. I will perform reasonable checks to ensure originality, including limited searches. However, I assume no legal responsibility for any loss or damage incurred due to unintentional infringement or legal challenges regarding the originality or authenticity of my work. You agree to conduct your own thorough checks and due diligence regarding plagiarism and originality. Any concerns regarding this should be discussed with me prior to the commencement of work.

Severability 

Amendments 

Indemnification 

• If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable for any reason, such provision shall be struck and the remaining provisions shall continue in full force and effect. 

• No modification or amendment of these Terms of Service shall be effective unless it is in writing and signed by both parties. 

• You agree to indemnify and hold harmless Pankaj Kukreti, its affiliates, officers, agents, and employees from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms of Service; (b) your use or misuse of the delivered designs; (c) any claim that the brand name or any other element provided by you infringes upon the intellectual property or other rights of a third party; or (d) any legal issues arising from your failure to conduct proper trademark or copyright searches. 

Governing Law and Dispute Resolution 

• These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of India.  

• Any dispute arising out of or relating to these Terms of Service, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts located in Yamunanagar, Haryana, India.  

• Before resorting to litigation, both parties agree to make a good faith effort to resolve any disputes amicably through negotiation. If negotiation fails, the parties may consider alternative dispute resolution methods such as mediation.