Terms of Service
Effective Date: May 1, 2025
These Terms of Service apply to all design services provided by Hongwei Tang ("Designer") to you ("Client").
1. Payments
I reserve the right to request a deposit (typically 50% of the total project fee) prior to commencing work on your project. An invoice for the deposit will be issued via email, with payment due within 30 days of the invoice date. By paying the deposit, you accept these Terms of Service and enter into a binding agreement with Hongwei Tang. The remaining balance will be invoiced prior to the delivery of any final design files or other agreed deliverables. I reserve the right to withhold delivery until all outstanding payments have been received in full. If you are unresponsive or fail to provide required feedback for more than 30 consecutive days, I reserve the right to issue an interim invoice for work completed to date. Payment plans may be requested and are subject to approval at my discretion. Any agreed payment plan must be documented in writing and signed by both parties. All invoices are payable within 30 days of issue. Late payments may incur reasonable collection fees and interest as permitted by applicable law.
2. Deliverables & Revisions
I will deliver initial design concepts and subsequent revisions according to the timelines, scope, and terms outlined in the individual project agreement or proposal. Any limits on revisions, or fees for additional revisions, will be defined in that agreement. All deliverables will be provided in formats agreed upon in the project proposal.
3. Fonts & Typefaces
If the project requires the use of licensed fonts or typefaces, you are responsible for purchasing any necessary licenses. I will provide details of the fonts used, including information on where licenses can be obtained. Due to licensing restrictions, I cannot share copies of fonts I have licensed. If you wish to use a font I have licensed, you must obtain your own license in your name. Please note: Fonts embedded or converted to outlines in final design files (e.g., vector artwork) may not require licensing for static use. However, if you intend to use fonts for editable purposes (such as marketing materials, digital content, or future design work), you must secure appropriate licenses.
4. Ownership & Intellectual Property
Ownership of the final approved design work transfers to you only upon full payment of all project fees. Until full payment is received, all designs, drafts, sketches, and related materials remain my property. Ownership transfer grants you the right to use the final design(s) for their intended purpose as outlined in the project proposal. All unused concepts, drafts, and preliminary materials remain my intellectual property and may be reused or adapted for other projects. You may modify or adapt the final design(s) for your own use; however, I disclaim liability for any consequences, third-party claims, or legal issues arising from modifications not made by me. Unless otherwise agreed in writing, I reserve the right to display the completed design work and associated materials in my portfolio, on my website, social media, or in professional showcases. If confidentiality or a non-disclosure agreement is required, please notify me prior to the start of the project.
5. Restrictions
These Terms of Service do not grant you the right to use, modify, or reproduce any preliminary ideas, drafts, or materials not selected as final deliverables. I retain the right to reuse or adapt unused concepts, drafts, or designs for other clients or purposes.
6. Trademark, Copyright & Legal Clearances
I do not provide legal services for trademark, copyright, or intellectual property registration or clearance. It is your responsibility to ensure that your company name, product name, and design work are legally available for use and do not infringe on third-party rights. If you wish to register any design work as a trademark or protect it under intellectual property law, you should seek independent legal advice.
7. Project Cancellation & Suspension Cancellation by Client
If you cancel the project after work has commenced, any deposit or payments made to date are non-refundable. Depending on the scope of work completed, I may, at my discretion, refund a portion of unused fees. Cancellation by Designer If I am unable to complete the project due to illness, unforeseen circumstances, or force majeure, I will refund a proportional amount based on work completed. Suspension of Work I reserve the right to suspend or terminate the project if: You fail to provide necessary feedback or information for more than 30 days; You fail to make payments as agreed; You engage in conduct that significantly disrupts or impedes project progress. Written notice will be provided, with an opportunity to resolve the issue before suspension or termination. Suspended or terminated projects are not eligible for refunds.
8. Force Majeure
Neither party shall be liable for delays or failure to perform obligations under this agreement due to causes beyond their reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, or supplier failure. Performance shall resume as soon as practicable after such events. If a force majeure event continues for more than 60 days, either party may terminate the agreement with written notice.
9. Limitation of Liability
To the fullest extent permitted by law, I disclaim liability for any direct, indirect, incidental, consequential, or special damages arising from the use or misuse of the design work, services, or materials provided under this agreement. I warrant that all designs are original and created to the best of my professional knowledge without intentional infringement. However, I recommend independent legal review for clearance and disclaim liability for third-party claims of infringement.
10. Digital & Web Design Specific Terms
If your project includes website design, digital interface design, or related digital deliverables, the following terms apply:
Scope of Delivery
Final deliverables will be provided in formats outlined in the project agreement (e.g., PSD, Figma, XD, Sketch, HTML/CSS, static images). Editable source files may be included only if explicitly agreed in writing.Third-Party Materials
If the project includes third-party software, plugins, stock imagery, or fonts, you are responsible for obtaining the necessary licenses and paying associated costs, unless otherwise specified in the project agreement.Browser & Device Compatibility
Digital designs will be tested on current versions of major browsers (Chrome, Firefox, Safari, Edge) and standard screen sizes at the time of delivery. I do not guarantee compatibility with outdated browsers, legacy devices, or future browser updates unless explicitly agreed in writing.No Ongoing Maintenance Included
Unless specified in the project agreement, ongoing maintenance, updates, or technical support are not included after final delivery. Such services may be offered separately for an additional fee.Hosting & Deployment
I do not provide hosting, domain registration, or deployment services unless expressly stated in the project agreement. You are responsible for securing hosting and domain services and providing necessary credentials and access.Client Content Responsibilities
You are responsible for providing all required content (text, images, data) in appropriate formats prior to the start of development or integration. Delays in providing content may delay project timelines.
11. Governing Law & Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of Austria. Any disputes shall first be resolved through good-faith negotiation. If unresolved, disputes shall proceed to mediation before either party may pursue further legal remedies.
12. Acceptance of Terms
Payment of the deposit constitutes your acceptance of these Terms of Service.