Terms of Service

“Website” is www.designeronboard.webflow.io

“Service” refers to DESIGNER ON BOARD

“Service Provider” is MOVABLE, LLC

“Client” is YOU/YOUR COMPANY

“Retainer Subscription” refers to ADVANCE (MONTHLY or QUARTERLY) PAYMENT 

“Client Dashboard” is your ASANA project management page

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Acceptance of the Designer on Board Terms of Service

Welcome to Designer on Board (a.k.a. "Service"). We are excited to have you as a subscriber. The following terms and conditions (collectively, these "Terms of Service") apply to your use of Designer on Board including any content, functionality and services offered on or via https://designeronboard.webflow.io (the "Website").

The Terms of Service also include our Privacy Policy, which you can review here: https://designeronboard.webflow.io/privacy-policy.

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Designer on Board, because by using the Service you accept and agree to be bound and abide by these Terms of Service. Should you disagree with any of the provisions herein, you must leave the Website, but please let us know at hello@designeronboard.com. We'll be happy to hear your comments and suggestions.

By agreeing to the Terms of Service and conditions as set forth in this Agreement, (“Client”) has retained DESIGNER ON BOARD (“Service”) through MOVABLE, LLC (“Service Provider”) – a limited liability company organized under the laws of the state of Wyoming via https://designeronboard.webflow.io(“Website”) to proceed with the requested services.

Services

Client has retained Service Provider to perform Service – DESIGNER ON BOARD: Design for Brand Building & Marketing – creative direction, graphic design, publication design, print design, web design, design for online/social media marketing, presentation design – fall within this service range.

Payment

Client agrees to commit to (“Retainer Subscription”) as outlined in these Terms of Service. Quarterly or Monthly Retainer Subscription provides ongoing support at a flat rate (multiple deliverables for a fixed price) through the selected subscription set forth in the DESIGNER ON BOARD service. Retainer fees are required in full in advance of Service; payment is due on or before the start of each project or monthly cycle. Payments rendered are considered fully earned and non-refundable. It is incumbent upon Clients to utilize their retained service each month.

‍Additional Work

Client understands additional work beyond the scope of this Agreement must be negotiated separately and will require separate billing. Services requested by Client and provided by MOVABLE, LLC that do not fall within the scope of this Agreement will be billed separately at the full standard rate for the requested work according to the MOVABLE, LLC service category with payment due upon receipt.

Additional Photography

Client understands additional photography beyond the free stock photography sourced for projects within scope of this Agreement must be provided/paid for separately. Photo /Video costs from paid stock photography websites, e.g.: Adobe Stock Photos, iStock Photos, Getty Images, are not covered within the scope of this Agreement beyond layout presentation purposes only. Hi-resolution images/videos from these websites require purchase by the client for final artwork.

Client Responsibilities

Client understands that Service Provider is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the virtual nature of the relationship, Client understands the importance of communication via email and through Client Dashboard (ASANA APP), and agrees to respond to questions, requests and communications from Service Provider in a timely manner. Client understands that Service Provider is a business with other clients to serve, and requires fair, realistic notice in accordance with Service and Retainer Subscription in order to attend to requests and projects. Poor planning or miscommunications on the part of the Client will not constitute an emergency for Service Provider. Client understands that Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.

Office Hours & Communication

Office hours are Monday through Thursday 9:00 am to 6:00pm (EST). Client Dashboard (ASANA APP) is to be the primary avenue for project requests between Client and Service Provider. Any Telephone Meetings must be prescheduled. Public Holidays in the US and Trinidad & Tobago are observed.

Projects Completion

Ongoing Retainer Subscription: Basic Service support receives 24-48 hours attention.  Client will provide sufficient notice and allow for reasonable timeframes for project completions. Rush projects of 24 hours or less and projects requiring weekend or holiday work are not encouraged but can be supported at the Service Provider's discretion. Service Provider reserves the right to refuse any project or service request.

Pausing and Cancelling: All projects in queue will be completed and delivered within the Client's current 30-day payment cycle when the Client wishes to pause or cancel their subscription. Client will not be charged for the next upcoming month.

Materials & Information

Client will request projects through Client Dashboard (ASANA APP) and attach all content, outlines, photos, project images, etc., necessary for projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Service Provider to perform or complete the agreed services or project.

Delivery

Projects are delivered via Dropbox link for review. Approvals are via ASANA dashboard and Finished Artwork files (FAWs) shared via access to our Dropbox.

Accuracy

Client assumes full responsibility for acceptance of work or Service performed and agreed upon, as well as final proofing and accuracy. Service Provider is not responsible for errors or omissions.

Copyright

Copyright is retained by MOVABLE, LLC on all editable design work including words, ideas, visuals, photos and illustrations unless handed over as Finished Artwork (FAW) files or after all costs have been settled. We will supply FAW PDF files as appropriate for printing or online use, or other file formats as detailed in the job scope or request.

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given as fulfilling the contract. All other designs remain the property of MOVABLE, LLC.

Payment Options

Our instant online payment vendor is Stripe – American Express, Discover, Mastercard and VISA credit cards are accepted, along with US Bank transfer. If you require an alternative method of payment, request an Invoice. We can accept bank transfer locally (Trinidad and Tobago) or via WiPay –Mastercard and VISA credit cards are accepted.

Late Payments

Payment for Retainer Subscription or additional work requests not received by due date will result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid.

Lien

All materials or property belonging to Client, as well as work performed, may be retained as security until all just claims against Client are satisfied.

Accuracy of Information

Client agrees that the accuracy of information supplied to Service Provider is the sole responsibility of Client, and that Service Provider is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client.

Indemnification/Release of Liability

Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client. This agreement to indemnify Service Provider is not limited to any acts or omissions, statements or representations made by Service Provider in the performance and/or nonperformance of Service Provider’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.

Termination and Continuance

Client can cancel their Retainer Subscription at any time. Client is bound to the minimum 30-day payment cycle. Service Provider is bound to deliver project requests submitted in queue up to 48 hours before the end of the Client's 30-day payment cycle. Client can resume support by re-subscribing to begin another 30-day payment cycle.

Expiration & Modification

This Agreement shall remain in effect until such time as one or the other Party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement.

Additional Provisions

This Agreement shall be governed by and construed according to the laws of Wynoming. Any liability on the part of Service Provider as determined by a court of law will be limited to an amount not to exceed one month’s retainer or single project fee as applicable. If Service Provider must bring suit or other action to collect on unpaid invoices or seek remedy of any other breach of contract, Service Provider shall be entitled to an award of costs, reasonable attorney’s fees and interest at the maximum rate permitted by law in addition to any other relief awarded.

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The Terms of Service and conditions of this Agreement may be modified or amended as necessary. Any modifications will be identified by date. By Agreement to these Terms of Service, you indicate that you understand and accept the terms and conditions as contained herein.

Updated: September 2024

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