Terms & Conditions
These are the standard terms of service for any design project with Overland Design Co. ("ODC"). Please review them carefully, and if you have any questions or concerns, let’s discuss them before the project begins.
Payment
Deposits, Final Payments, and Delivery
ODC requires a 50% deposit before beginning work on any project. An invoice will be sent via email, and payment is expected within 30 days of issuance. By remitting the deposit, you accept these Terms of Service and enter into a contract with Overland Design Co.
The remaining balance will be invoiced before final deliverables are provided. ODC reserves the right to withhold final files until full payment is received.
If the client is unresponsive for more than 30 days, ODC reserves the right to invoice for work completed up to that point.
Payment plans may be available upon request and must be agreed upon in writing by both parties.
If an invoice remains unpaid beyond 30 days, ODC may begin collection or recovery proceedings, and the client will be responsible for any related fees.
Typefaces
Licensing of Fonts and Typefaces
Fonts used in designs may be subject to commercial licensing laws. If a specific typeface is required for commercial use (e.g., website, printed materials), the client is responsible for purchasing the appropriate license.
ODC cannot legally provide copies of licensed fonts. Any typeface used in the final logo design that has been converted to vector artwork does not require licensing. However, if the client needs editable text, they must acquire a valid license.
Usage Restrictions
Intellectual Property and Original Concepts
The client does not have permission to use, modify, alter, replicate, or borrow any preliminary sketches, concepts, or unused ideas presented during the design process. All original preparation materials remain the property of Overland Design Co.
ODC retains the right to repurpose unused concepts for future projects, ensuring significant differences to avoid conflicts.
Unless otherwise agreed upon, ODC reserves the right to showcase the completed project and its supporting designs in a portfolio, social media, online showcases, and printed materials. If an NDA or confidentiality agreement is required, this must be discussed before project commencement.
Ownership & Copyright
Final Deliverables vs. Work-in-Progress
All project materials, including sketches, concepts, and working files, remain the property of Overland Design Co. until full payment is received. Upon final payment, ownership of the final design is transferred to the client.
If final payment is not received, ODC retains ownership of all designs and may reuse or amend them for future projects. Unauthorized use, modification, or replication of unpaid designs may result in legal action.
Final payment ensures that only the completed design is transferred to the client. Unused concepts remain the property of Overland Design Co. unless otherwise agreed upon.
Trademarks & Copyright
Client Responsibility for Legal Protection
ODC does not provide trademark or copyright registration services. If the client wishes to register a design as a trademark, they must seek legal counsel to complete the process. ODC is not responsible for any legal issues related to trademarking or name conflicts.
Brand Naming
Naming Services & Legal Availability
ODC offers naming and tagline services for companies and products upon request. However, the client is solely responsible for verifying that their chosen name is legally available before beginning any design work, as ODC does not conduct name availability searches.
If a name change is required mid-project, additional costs will be incurred for reworking the design.
Cancellation & Project Suspension
If the Client Cancels
If the client cancels the project after design work has begun, any deposits are non-refundable. In certain cases, a partial refund may be considered based on the work completed.
If ODC Cancels
If ODC is unable to complete the project due to unforeseen circumstances (e.g., illness, emergencies), a partial or full refund may be issued, depending on the work completed. If a transition to another designer is possible, the client may receive a prorated refund.
Project Suspension
ODC reserves the right to suspend a project if:
-
The client engages in excessive micromanaging, demonstrating a lack of trust in the process.
-
There is a failure to provide feedback or approval after a reasonable number of revisions.
-
The client delays payment beyond agreed terms.
If a project is suspended, all payments remain non-refundable, and any completed work remains the property of Overland Design Co.
Force Majeure
ODC is not liable for any delays or failure to fulfill obligations due to events beyond our control, including but not limited to natural disasters, government actions, war, labor disputes, or supply chain disruptions. In such cases, the client will be notified of any delays.
By working with Overland Design Co., you acknowledge that you have read, understood, and agree to these Terms of Service. If you have any questions or require modifications to specific terms, please discuss them before the project begins.