General Terms & Conditions of Services
SDM Creative Studio
These General Terms of Service (hereinafter, the “Terms”) govern the provision of professional services (hereinafter, the “Services”) offered by Sofía Duarte Miranda, operating under the trade name SDM Creative Studio (hereinafter, “The Studio”), to any individual or legal entity (hereinafter, “The Client”).
These Terms supplement and form an integral part of any service proposal or quote (hereinafter, the “Proposal”) accepted by The Client.
1. Object and Acceptance
The object of this agreement is the provision of design, branding, packaging, visual design, and/or creative consulting Services as detailed in the Proposal.
The acceptance of the Proposal by The Client (by signature, payment of the advance, or written confirmation) implies full and unreserved acceptance of each and every one of these Terms.
2. Hiring Process and Standard Timelines
- Creative Process: The Studio maintains a rigorous creative process (including phases such as Research, Conceptualization, Design, and Revision) to ensure the quality of the deliverables. Standard timelines reflect this process.
- Start Date: The formal start date of the project will be considered the next business day after confirmation of receipt of the initial payment and all information and materials requested from The Client to begin.
- Duration and Delivery Times: The project duration (e.g., averaging 10 to 20 business days) will be detailed in the Proposal and depends on its complexity. Timelines are estimates. The Studio is not responsible for delays caused by The Client’s lack of response, feedback, or delivery of materials (texts, images, approvals).
3. Express Service (Rush Job) Policy
- Definition: Any request by The Client for delivery in a shorter timeframe than the standard stipulated in the Proposal will be considered an “Express Service.”
- Subject to Availability: This service is not offered by default and is subject to The Studio’s schedule availability at that time.
- Rush Surcharge: Express Services incur a surcharge on the total value of the Proposal (which may range from 50% to 100%, depending on the urgency required). This surcharge will be specified before the service is accepted.
- Payment: The rush surcharge must be paid in advance, along with the initial 50% advance payment, to confirm and block the schedule.
4. Pricing and Payment Terms
- Pricing: The prices for the Services are those detailed in the Proposal. Unless expressly stated otherwise, prices do not include taxes (e.g., VAT).
- Note on Payment Methods: The Client acknowledges that the chosen payment method (e.g., international transfers, PayPal, or other high-commission gateways) may generate transaction costs. Any additional costs of this nature will be clarified in the Proposal or must be covered by The Client.
- Payment Policy: Unless otherwise agreed in the Proposal, the payment terms shall be:
- 50% in advance to reserve the schedule and initiate the project.
- 50% remaining upon project completion, prior to the delivery of the final files.
- Non-Refundable Retainer: The initial payment (advance) is considered a schedule retainer and is non-refundable under any circumstances.
5. Revisions and Modifications Policy
- The proposal includes up to two (2) rounds of revisions on the presented proposals, always within the scope of the initial brief.
- The exact number of rounds may vary depending on the project’s scale and will be explicitly stated in the Proposal.
- Additional revision rounds, or substantial changes that modify the brief or the original scope of the project, will be billed as extra hours, following notification and acceptance by The Client.
6. Communication and Response Times
- Official Channels: The primary communication will be via email to hola@sdmestudio.com. For agile communications, WhatsApp may be used at +598 91 621 410. Up to two (2) Zoom meetings may be scheduled for progress reviews, as stipulated in the Proposal.
- Business Hours: Business and support hours are Monday to Friday from 10:00 AM to 6:00 PM (Uruguay Time, GMT-3).
- Project Abandonment: A lack of response or feedback from The Client for more than fifteen (15) consecutive business days will be considered project abandonment. This will result in the termination of the contract with no right to a refund of the advance payment.
7. Deliverables and Intellectual Property
- Final Files: The Studio will only deliver the final files (“final artwork”) in the formats agreed upon in the Proposal (e.g., .pdf, .jpg, .svg, .png).
- Exclusions: Editable drafts, discarded items, or source working files (e.g., .ai, .psd) will not be delivered unless explicitly agreed upon and budgeted for in the Proposal.
- Use Restriction: In the event that working files or drafts are delivered during the review process, they may not be used, reproduced, or distributed by The Client for any purpose until the project is paid in full and formally finalized.
- Third-Party Licenses: Licenses for the use of third-party elements (such as fonts, stock photographs, etc.) are not included and must be purchased and paid for by The Client.
- Assignment of Rights: Upon receipt of the final and complete payment (100%) for the project, The Studio assigns to The Client the exclusive rights of use and exploitation of the approved and delivered final design.
8. Confidentiality and Portfolio Rights
- Confidentiality: The Studio commits to protecting and treating with absolute confidentiality all sensitive or strategic information (financial, technical, proprietary) accessed during the project’s development.
- Portfolio Rights: Unless The Client expressly indicates otherwise in writing before the project begins, The Studio reserves the right to display the finished work in its portfolio (website, social media, etc.) and in promotional materials as a sample of its work.
9. Cancellation Policy
- Cancellation by The Client: The Client may cancel the project at any time via written notification. In such a case:
- The initial payment (advance) will not be refunded.
- If the work completed to date of cancellation exceeds 50% of the project, The Client will be responsible for paying the proportional part of the completed Services.
- Cancellation by The Studio: The Studio reserves the right to cancel the project in the event of non-payment or violation of these Terms by The Client.
10. Applicable Law and Jurisdiction
These Terms and the contractual relationship between The Studio and The Client are governed by the laws of the Oriental Republic of Uruguay. For any dispute, the parties expressly submit to the jurisdiction and competence of the Courts of the city of Montevideo.