These are my standard terms of service for any design project. Have a good read through, and if anything jumps out at you as a potential issue,
let me know before the project begins and we can discuss any alterations that might be needed for your particular project.
Designer: Pankaj Kukreti | Location: Yamunanagar, Haryana, India | Contact: hi@pankajkukreti[dot]com
PAYMENT AND TAXES (TDS AND GST)
Deposits: A 50% non-refundable deposit is required prior to starting work. By remitting deposit funds, you are entering into a binding contract with the Designer.
Final Payment: The remaining 50% must be paid prior to the release of final files. The Designer reserves the right to withhold delivery until payment is received in full.
Registered MSME : UDYAM-HR-19-006635
Payment Terms: 45 Days (As per MSME Development Act)
TDS: If the Client is a business entity required to deduct TDS under Section 194J of the Income Tax Act, they must provide a TDS Certificate (Form 16A) to the Designer.
GST not applicable as I am not GST registered. GST: Fees are currently quoted on a gross basis. If the Designer registers for GST in the future, the applicable rate (currently 18% under SAC 9983) will be added to the invoice.
TDS (if applicable) @10% may be deducted by the client and Form 16A must be issued.
Any amount deducted as TDS will NOT be considered pending payment.
THIRD-PARTY ASSETS (FONTS AND GRAPHICS)
Licensing Costs: If the design requires paid third-party assets (such as premium fonts, stock images, or vectors), the cost of these licenses shall be borne by the Recipient.
Usage Responsibility: The Designer will inform the Recipient of any paid assets used. It is the Recipient’s sole responsibility to purchase the necessary licenses for their commercial use.
Legal Restriction: It is illegal for the Designer to provide "copies" of purchased font files or stock assets. The Recipient must acquire their own legal license to use these assets for editing or web purposes.
GRANT OF LICENSE AND COPYRIGHT (INDIAN COPYRIGHT ACT)
The Grant: Upon receipt of final payment, the Designer assigns to the Recipient exclusive, worldwide, and perpetual rights to use, modify, and distribute the final delivered work for all commercial and non-commercial purposes.
Section 19 Compliance: In accordance with the Indian Copyright Act (1957), this assignment shall not lapse after five years and shall remain valid for the full term of the copyright across all global territories.
Unused Concepts: All preliminary sketches, unused ideas, and electronic "working files" remain the sole property of the Designer. The Designer reserves the right to repurpose unused concepts for other projects.
HIGH-USAGE ROYALTIES As a token of appreciation for the successful scale of the work, if the Recipient’s usage exceeds 10 million units (digital or physical) 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 to the Designer.
SUPPORT AND MODIFICATIONS
Included Support: The Recipient is entitled to 15 days of support for minor adjustments starting from the date of final delivery.
Post-Support: Any modifications requested after this period, or changes that exceed the initial project scope, will be subject to additional charges.
PROJECT SUSPENSION AND TERMINATION
Client Unresponsiveness: If the Recipient fails to provide necessary feedback or materials for more than 30 consecutive days, the project will be considered "Suspended." To resume a suspended project, a restart fee may apply.
Termination for Cause: The Designer reserves the right to suspend or terminate the project if there is a continued lack of trust, excessive micromanaging, or unprofessional conduct from the Recipient.
Fees upon Termination: In the event of suspension or termination, the initial 50% deposit remains non-refundable, and all work produced up to that date remains the exclusive property of the Designer.e Recipient is entitled to 15 days of support for minor adjustments starting from the date of final delivery.
Post-Support: Any modifications requested after this period, or changes that exceed the initial project scope, will be subject to additional charges.
DATA RETENTION AND BUSINESS PURPOSE
Business Use: Any information or data collected from the Recipient shall be used strictly for project-related business purposes only.
12-Month Retention: The Designer will sustain and store project files for a period of 1 year (12 months) following final delivery. After this period, the Designer reserves the right to delete these files from their active storage.
Portfolio Use: After the 1-year period (or upon project completion), the Designer may use the work for portfolio and promotional purposes as outlined in Section 8.
INDEMNITY AND LIMITATION OF LIABILITY
Indemnity: The Recipient agrees to indemnify and hold the Designer harmless against any legal claims or costs arising from brand names, images, or materials provided by the Recipient for use in the project.
Liability: The Designer’s total liability for any claim arising out of this agreement is limited to the total amount paid by the Recipient for the project.
GOVERNING LAW AND JURISDICTION This Agreement is governed by the laws of India. Any disputes or legal proceedings shall be subject to the exclusive jurisdiction of the courts located in Yamunanagar, Haryana.