These Terms & Conditions (“Agreement”) govern the relationship between Ixora Design Studio (“Ixora,” “we,” “us,” or “our”) and the client (“you,” “your”) for all design, branding, and related services. By engaging Ixora Design Studio, you agree to the following terms.
1. Scope of Services
Ixora Design Studio provides branding, graphic design, website design, and related creative services as outlined in the agreed proposal or contract. Services outside the agreed scope will require a separate quote or be charged at an hourly rate of $120 per hour.
2. Payment Terms & Late Fees
2.1. Deposit & Payment Schedule
- A 50% non-refundable deposit is required before the project begins.
- The remaining 50% is due upon project completion and before final files are handed over.
- For retainers or ongoing services, invoices are issued at the beginning of each month and are due within 7 days unless otherwise agreed.
2.2. Late Payment & Fees
- Invoices that remain unpaid after the due date will incur a 4% non-compounding late fee, applied the day after the due date and every month thereafter until full payment is received.
- Work may be paused or withheld if payment is overdue.
3. Revisions & Change Requests
- All projects include two (2) rounds of revisions unless otherwise stated in the project agreement.
- Additional revisions or requests beyond the agreed scope will be charged at $120 per hour or will require a separate quote.
- Significant changes that alter the original project scope may result in a new timeline and cost adjustment.
4. Project Holds, Cancellations & Reactivation
4.1. Project Holds
- If the client fails to provide necessary materials or respond to communication for 15 days, the project will be placed on hold.
- Ixora retains the right to adjust this policy based on project requirements.
4.2. Project Cancellations & Termination
- If a project remains on hold for 60 days, Ixora reserves the right to terminate the project.
- If the client cancels the project mid-way, the initial 50% deposit is non-refundable.
4.3. Project Reactivation
If the client wishes to resume a project after 60 days, a reactivation fee of 20% of the initial project quote may be required, or a new quote may be issued, subject to Ixora’s availability.
5. Intellectual Property & Portfolio Rights
5.1. Client Usage Rights
- Upon full payment, the client receives exclusive usage rights for the final design work.
- This excludes working files, sketches, and concepts, which remain the property of Ixora unless otherwise agreed.
5.2. Ixora’s Portfolio Rights
- Ixora retains the right to showcase all completed work in portfolios, case studies, marketing materials, and social media unless otherwise agreed in writing.
- If the client requires NDA protection, an additional fee may apply.
6. Confidentiality & Data Protection
- Ixora Design Studio agrees to keep all client information, project details, and data confidential.
- No client data will be shared except as required by law or legal obligations.
- Client materials and information provided during the project will be securely stored and not disclosed to third parties without written consent.
7. Limitation of Liability
To the fullest extent permitted by law, Ixora Design Studio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business opportunities.
- Errors or omissions in any content provided by the client.
- Unauthorized access to client data or files.
- The use or inability to use the design services provided.
- Any technical issues beyond Ixora’s control, including server failures, hacking, or third-party software malfunctions.
Ixora’s total liability shall not exceed the total amount paid by the client for the specific project giving rise to the claim.
8. Dispute Resolution & Legal Jurisdiction
- In the event of a dispute, both parties agree to attempt mediation before pursuing legal action.
- If mediation fails, legal proceedings will be conducted under the jurisdiction of New Zealand.
9. Force Majeure
Ixora shall not be liable for any delays or failure in performance due to circumstances beyond our control, including but not limited to natural disasters, strikes, pandemics, power failures, or government restrictions.
10. Agreement Acknowledgment
By engaging Ixora Design Studio, you acknowledge and agree to these terms and conditions. These terms may be updated periodically, and continued use of our services constitutes agreement to the latest version.
11. Client Responsibilities
The client agrees to:
- Provide all necessary content, assets, feedback, and approvals in a timely manner to support project progress.
- Ensure that all materials supplied to Ixora Design Studio (including text, images, logos, trademarks, and other content) are accurate, lawful, and do not infringe on the rights of any third party.
- Obtain any required permissions, licenses, or approvals for materials provided to Ixora.
Ixora Design Studio is not responsible for delays caused by the client’s failure to provide required materials or approvals. Project timelines may be extended accordingly.
12. Approval & Acceptance
Once final deliverables are approved in writing by the client, they are deemed accepted.
Any changes requested after written approval will be treated as a new project phase and may incur additional fees.
Ixora Design Studio is not responsible for errors, omissions, or issues identified after final approval if those items were present in the approved materials.
13. Warranty Disclaimer
Ixora Design Studio provides services and deliverables “as is” and makes no guarantees or warranties, express or implied, regarding:
- Specific business outcomes, revenue increases, or performance results
- Search engine rankings, conversion rates, or marketing effectiveness
- The ongoing functionality of third-party platforms, software, hosting providers, or integrations
The client acknowledges that results may vary based on factors beyond Ixora’s control.
14. Indemnification
The client agrees to indemnify and hold harmless Ixora Design Studio from any claims, damages, losses, liabilities, or legal expenses arising from:
- Materials, content, or instructions provided by the client
- Infringement of intellectual property rights related to client-supplied content
- Misuse or modification of deliverables by the client or third parties
This indemnification obligation survives the termination of the Agreement.
15. Quote Validity
All project quotes are valid for 30 days from the date issued unless otherwise stated in writing.
Ixora Design Studio reserves the right to revise pricing after this period if the quote has not been formally accepted.
16. File Delivery & Archiving
Final deliverables will be provided in the formats specified in the project agreement.
Working files, editable source files, sketches, and unused concepts remain the property of Ixora Design Studio unless otherwise agreed in writing.
Ixora will retain project files for up to 60 days after project completion. After this period, file storage is not guaranteed.