Terms & Conditions
Welcome to Brands By Lola!
By using this website and services, you agree to the following Terms and Conditions. Please read them carefully before using this website It is vital that you ("the user", "the client", "you") ensure you fully understand these terms and conditions and their implications before you agree to commence any project with Brands By Lola.
Below are the Brands By Lola ("Brands By Lola", "We", "Us", "Our", "the designer", "the brand stylist" ) standard terms and conditions for all projects. If you have any questions you would like to discuss, please do so at the beginning of the project otherwise your agreement at the commencement of any project will constitute full and total agreement with these terms. Unless otherwise stated, these policies form the basis of every/all contracts between Brands By Lola and our clients.
Ownership and Operation:
This website is owned and operated by Brands By Lola.
Intellectual Property Notice:
All images, text, designs, graphics, trademarks, and service marks are owned by Brands By Lola. Unauthorized use of our intellectual property is prohibited and may lead to legal action. You may use our intellectual property with proper credit and links back to our site.
Work Hours
Scheduled operating hours are between 10am and 4pm WAT Tuesday through Friday. Brands By Lola is closed on weekends or major holidays.
Estimates & Quotes
All quotes are based on time estimates and may be subject to change if additional work is required.
Overtime
If projects exceed the time estimated, you will be billed for the extra time. The first 8 hours of extra time will be charged at 1.5X our regular hourly rate. After 8 hours of overtime work, you will be charged 2X our regular hourly rate.
Rush Fee
If any services are requested with a shorter turnaround than quoted, a rush fee of 20% may be quoted if time is available.
Scope of Work
Changes requested beyond the original scope of the project will be charged at an hourly/fixed rate.
Service Inclusions:
Website Design
Visual Brand Identity
Brand Collateral Design
Social Media Templates
Exclusions:
Printing
In-Person Meetings
Copyright of logo and elements
Additional Costs (e.g., stock images, fonts, subscriptions, domain name registration, etc.) unless advertised with a package will attract an admin fee separate from the cost of purchase.
Additional Services: Available upon request for a fee.
Your Communications:
Brands By Lola has a commitment to clear communication with our clients.
We will communicate with you prior to incurring overtime, rush or scope related charges.
Communications made through our website or other channels are not confidential. We reserve the right to republish any submissions. Do not submit unlawful or inappropriate content.
If you're late for a meeting with our team, you lose that time. If you don't show, you'll still be charged in full.
Client Response Requirements:
To ensure a smooth project process, clients are required to provide all necessary information within five business days of their payment date. Failure to do so will result in the termination of the project, and no refund will be issued.
The design turnaround time initiates once we receive all required information and payment. Please note that we do not provide printing services. Clients are encouraged to proceed with printing only after thorough spell-checking and completion of all necessary payments.
Clients must provide feedback within five days of receiving any design work. If attempts to contact the client are unsuccessful, and communication is not established within this period, the pause clause will be automatically activated, and no refunds will be provided or owed to the client.
For the sake of professionalism and record-keeping, all communications regarding ongoing orders are conducted exclusively via email or our Notion client portal.
The Pause Clause
If a client deliverable (such as copy, content, approvals, payment) is more than 5 business days late, the project will be considered "on hold." Once the deliverable is received by Brands By Lola and the project is reactivated, it will be rescheduled based on our current workload and availability. We will notify you if the Pause Clause is activated.
Billing and Expenses
A non-refundable fee of 80% is required upfront as a retainer for our services. We will not begin work until this fee is paid in full. The remaining 20% will be due upon completion of the project. For larger projects, fees may be broken down into smaller payments. Websites will be launched & transferred to "The Client" once final payment is received.
Invoices from Brands By Lola are due within 5-10 days of the client’s receipt of the invoice or as stated in the invoice. At our discretion, unpaid balances beyond 10 business days will incur a percentage-based late payment fee. Balances 11 - 30 days past due will incur a 10% fee. Balances past due beyond 31 days will incur an additional 5% fee per 30 days.
Expenses: We will bill any expenses for the project to the client and will charge a markup for time on top of every expense.
Professional Courtesy
Brands By Lola takes pride in professional courtesy and manners and hopes our clients do too. "The Client" agrees to behave through all communications in a professional, courteous, and respectful manner towards designers and staff at Brands By Lola. Any actions deemed by us as disrespectful, unprofessional, abusive, or verbal/written cruelty on the part of "The Client" may result in the cancellation of the project, and the deposit will serve as a cancellation fee, along with a prorate payment based upon the time spent if it exceeds 50% of the quoted work.
Actions that may result in the cancellation of the project may include insulting language, profanity, unwarranted criticism of the designer's general ability, disrespectful comments, personal insults, swearing, blaming on social media sites, threats not to pay for the work for unwarranted reasons, and general lack of respect. Please note: It would be extremely rare for Brands By Lola to use this clause, and the client's behavior would have to be extreme and affect other areas of our staff and designers' work.
Any services (branding, collateral, web) forfeit, the non-refundable deposit, and any additional hours worked will be billed, as well as any additional expenses or fees. If canceled, all materials delivered in connection with the project must be returned. The use of work done in connection with the project without consent could result in additional fees or legal action. All original artwork and digital files prepared in connection with the project belong to Brands By Lola
Termination:
We may terminate your use of our website if you violate these terms. Access is at our discretion.
Revisions and Ownership Terms
Revisions:
A complimentary allowance of two (2) minor revisions is provided unless specified otherwise. Additional revisions will incur a fee per revision, payable before the delivery of final files. Minor changes, such as font, placement, and color, are covered. However, new designs or concepts will result in additional charges. Revision time is excluded from project turnaround times.
Rough Draft and Concept Ownership:
Digital design proofs are shared upon final payment. In the absence of this payment, all work remains the legal property of Brands By Lola, and the client is prohibited from using the designs. In such instances, recreation of ideas or designs by any individual, including the client or another designer, is not allowed.
Unused designs generated during the process, not included in the final approved designs, are the full ownership of the designer to use as they see fit. Brands By Lola doesn’t release original design files (PSD & AI) unless a release fee is paid. Clients receive files like PNG, JPEG, while PDF and Vector files are available upon request.
Digital Products and Downloads:
Digital products are accessible immediately post-purchase unless otherwise stated. Templates and stock photos are for personal use only and must not be resold or redistributed. Brands By Lola’s stock photos are not to be used in Canva templates or templates intended for resale.
Disclaimers:
Our website and materials are for educational and informational purposes only. We are not responsible for any loss or conduct resulting from the use of our website. We make no guarantees about the accuracy of third-party statements.
Design Credit and Promotion
Design Credit: A link to Brands By Lola will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee will be applied. The Client also agrees that the website developed for the Client may be presented in our portfolio.
Promotion:
The designer retains the right to reproduce, publish, and display the Deliverables in Designer’s portfolios and websites, in galleries, design periodicals, and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
Promotional Approval:
Either party, subject to the other’s reasonable approval, may describe its role in the Project on its website and in other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.
Refunds & Payment Collection:
Refunds are not given unless specified in writing. Digital products and deposits are NOT eligible for refunds. Unpaid sums may accrue interest, and unpaid balances after 30 days may be sent to collections.
If for any reason you want to cancel a service already rendered or paid for, that is your choice. However, due to the work produced or in queue, payments already received by Brands By Lola will not be refunded to offset the loss of business. If partial work has already been received by the client and they choose to cancel, the partial or full payment that has been paid will not be refunded.
Ownership of all artwork, layouts, and development will remain the property of Brands by Lola, and remaining work will not be sent to the client for their ownership. If the project is in its final stage, ownership will be transferred to the client after full payment is received. Brands By Lola does not provide refunds for client errors or buyer’s remorse.
Breach of the following will result in automatic termination of the project, and the client shall not be entitled to a refund of any kind:
The client is disrespectful or makes any discriminating or offensive remarks towards the designer.
In the unlikely case that multiple attempts have been made or offered to develop a design yet the client remains unhappy or is in refusal of additional fees, and a resolution is not deemed possible by the designer.
There is a dispute between the designer and the client that is unsolvable.
In the unlikely event that the designer falls ill or is injured and is unable to complete the work for this reason or any other, including personal, the client is entitled to a partial refund minus any design work that has already been completed.
Completion
In the estimate provided for your project, we provide the estimated time it will take to be completed. This timeframe may be longer if you fail to provide content in a timely fashion. The timeframe does not start until the deposit is made, and sites will be created in the order in which retainers were received. We only warrant work from us, not third party providers. This includes hosting companies, domain services, and email services.
Delays: Illness, injury, or other events beyond Brands By Lola's control such as theft, fire, computer failure, and Acts of God may result in a delay of unpredictable length. Delinquency: Brands By Lola reserves the right to remove web pages or the entire site from viewing on the Internet until the final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred in that process.
Source Files
Unless otherwise stated in our contract, charges for design work do not cover the release of copyright design files including indeed, PSD, PNG, or any other source files. If the client requires these files, they will be subject to a separate quote or a 'buy-out' charge.
Consent:
By using our website, you consent to our Terms and Conditions of Use.
These Terms and Conditions supersede all previous representations, contracts, understandings or agreements unless specifically agreed otherwise by both Parties, in writing. We reserve the right to revise these terms and conditions at any time without notice.
Last Updated: 12/01/2024
If you have any questions or concerns regarding these Terms and Conditions, please contact us at brandingbylola@gmail.com