Terms of Service
These are my standard terms of service for any design/development 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.
Payment
Deposits, final payments and delivery
I reserve the right to request a 50% deposit before beginning work on your project. If a deposit is required, an invoice will be issued and delivered via email. Payment is expected within 30 days of the invoice date. By submitting the deposit, you agree to these Terms of Service and enter into a contract with Serhii Zavatyi.
The remaining balance will be invoiced prior to the release of any final files, exports, or Webflow project transfers. I reserve the right to withhold delivery until payment has been received in full.
If there has been no contact or response from you for more than 30 days, I reserve the right to issue a final invoice and request full payment regardless of project status.
You may request a payment plan, which I may approve at my discretion. Any payment plan must be agreed to in writing by both parties.
All payments must be made within 30 days of the invoice date.
All pricing and payments are in USD or EUR. Accepted payment methods will be discussed and agreed upon prior to invoicing. Cryptocurrency and alternative digital payment methods are not accepted.
I reserve the right to charge for any fees associated with collection or recovery processes for payments overdue by more than 30 days.
Restrictions
Restrictions to the signing of this agreement
These Terms of Service do not grant you the right to use, modify, replicate, or borrow any preliminary concepts, sketches, designs, or developed materials presented during the course of the project, unless explicitly agreed upon in writing.
All original preparation materials, sketches, designs, developed materials, visuals, and unused ideas shared or proposed during the project remain the sole property of Serhii Zavatyi.
I reserve the right to reuse any unused ideas, designs, or development materials in future projects—whether conceptual or for other clients. If any unused concept bears visual or functional resemblance to the final deliverable, I will adapt and restyle it to ensure no direct conflict arises.
Unless otherwise agreed in writing, I reserve the right to display the completed project and associated materials in my portfolio, as well as in any and all online showcases, design galleries, award submissions, and printed publications, including books and magazines.
Portfolio inclusion is standard unless a signed NDA is provided before the project begins. Requests to withhold or remove work after publication will not be accommodated without prior agreement.
Any supporting artwork, visuals, or development materials created during the project may also be used by me for personal or professional purposes, including promotional use.
You are free to modify or adapt the final deliverables after handoff; however, you do so at your own discretion and risk.
Ownership & Copyright
All preparation materials, sketches, visuals, and electronic files used to create the project remain the sole property of Serhii Zavatyi. Ownership of the final artwork and digital files will transfer to you only upon receipt of full and final payment for the project.
If final payment is not received as agreed, all rights to the designs, concepts, and developed materials remain with Serhii Zavatyi. In such cases, I reserve the right to reuse, modify, or repurpose these materials for other clients or as conceptual work in my portfolio.
If any attempt is made to use, alter, replicate, or appropriate my work without fulfilling the agreed final payment, I reserve the right to seek immediate legal counsel and pursue appropriate action.
I also reserve the right to showcase any part of this project—including artwork, ideas, sketches, and final deliverables—in my professional portfolio, unless otherwise agreed. This includes use in both digital and printed formats as examples of client work. If your project has specific confidentiality, stealth mode, or NDA requirements, these must be disclosed prior to project acceptance.
Please note: Final payment grants you ownership only of the agreed-upon final design and development deliverables. Any unused concepts, designs, or materials remain the intellectual property of Serhii Zavatyi unless otherwise agreed in writing.
Cancellation
Cancellation during the project
If you choose to cancel the project after work has begun and concepts or proposals have been delivered, any deposit or payment made is non-refundable. However, depending on the scope of work completed and the overall budget, a partial refund may be considered at my discretion.
If I am unable to complete the project due to illness or other unforeseen circumstances, a partial or full refund may be issued, depending on the amount of work delivered and its usability by another designer or developer. If any completed work can be transferred and used by a third party, a reasonable refund will be calculated based on the progress made and remaining scope. Alternative resolutions may also be considered in good faith.
I reserve the right to suspend or terminate a project in the event of excessive micromanagement, repeated disregard of presented concepts or inability to move forward after a reasonable number of design or development proposals, or unjustified delays or reluctance to pay the agreed-upon final payment. Fair notice will be given, along with an opportunity to address and resolve the issue before suspension or termination is enforced. In such cases, no refunds will be issued, and all designs and work produced up to that point will remain the sole property of Serhii Zavatyi.
I shall not be held liable for any failure to perform obligations under these Terms of Service due to events beyond my control, including but not limited to acts of God, government actions, terrorism, war, riot, pandemics, labor shortages, supply disruptions, or other unforeseeable events. In the event of such a delay or non-performance, you will be promptly notified, and I will resume work as soon as reasonably possible. Such delays shall not be considered a breach of contract.
Limitation of liability
Loss or damage
You agree and acknowledge that Serhii Zavatyi shall not be held legally responsible for any loss, damage, or liability arising from the use of my services. This includes, but is not limited to, any amendments, errors, or omissions in documents, designs, developed materials, information, or any goods or services provided. Additionally, I disclaim liability for your use of or reliance upon any third-party content, links, comments, or advertisements associated with my services. Your use of, or reliance on, any information, materials, or deliverables I produce, modify, or design is entirely at your own risk, and I shall not be liable for any consequences resulting from such use.
You further acknowledge that the information and materials I provide may contain inaccuracies or errors. To the fullest extent permitted by law, Serhii Zavatyi expressly excludes all liability for any such inaccuracies or errors.
I affirm that all designs and development materials presented to you will be original and, to the best of my knowledge, will not infringe upon or plagiarize any existing works. I will conduct limited due diligence, including checks against the WIPO database and reverse image searches, to minimize the risk of unintentional infringement. However, I do not assume any legal responsibility for any loss or damage related to disputes over the originality or authenticity of my work. It is your responsibility to perform your own checks and due diligence regarding plagiarism and originality. If you have any concerns, please raise them with me prior to the commencement of work.
Brand Naming
You are fully responsible for ensuring that your company name, product name, or any other naming elements are legally available and free from infringement before the project begins. Should any legal issues arise regarding the naming after the project’s completion, no refunds will be issued, and I shall not be held liable for any resulting disputes or consequences.
Please verify the legal availability and safety of your chosen names prior to committing to the project.
Trademark & Copyright
Due to the complex, time-consuming, and often costly nature of trademark, copyright, and legal name searches, I am unable to provide assistance with these matters.
If you require your logo or any other materials to be registered as a trademark, you are responsible for seeking independent legal advice to ensure proper registration and protection.