Effective: February 29, 2024
Open Design aims to deal with its clients in a professional, timely, and favorable manner. By engaging Open Design LLC with their companies, the clients will be accepting the following terms and conditions:
Project Delays and Additional Charges
Open Design serves multiple clients and values each project, and to ensure fairness and efficiency, we implement the following policies:
Retainer Clients
For clients opting for retainer agreements, the following terms apply:
Hourly Rates
For clients opting for hourly billing, the following rates apply:
Advertising
CLIENT understands monthly budget is spent at the discretion of Open Design LLC. The budget is deemed by the CLIENT. Ads management involves creating ad copy, ad content (video, graphics, etc.) testing ads, analyzing results, and reporting key metrics. Ad content is provided by the CLIENT, unless none is available, then Open Design LLC will recommend our services for best possible ad results and content creation.
CLIENT also understands results are not generated over night and it takes time. The ideal initial testing phase is 3 months which includes market research, learning about your company, and split tested advertising campaigns. During the initial testing phase, Open Design LLC will work on optimization advertising campaigns to scale after the initial 3 months. Depending on the CLIENT’S ad budget, the testing phase can be expedited.
Open Design LLC reserves the right to use your marketing results in our ad campaigns.
Media Content Purging
The CLIENT understands all content and media created by Open Design LLC will be purged within 365 days of project completion. This includes photos, graphics, videos, written content, animations, and relevant files. CLIENT may request their content within the 365-day period (this does not include RAW media files – RAW photos and videos).
Project Pricing
Project pricing will be based on the written, signed project agreement between CLIENT and CONTRACTOR in a Total Fixed Fee for the project. Based on the scope of the project (deemed by CONTRACTOR) a 50% deposit may be due at the time of agreement signing. The remaining balance will be due on the date of delivery. This only applies to fixed-priced projects.
Per month projects will be based on the agreed upon pricing in which the first month’s payment is due upon signage of Project Agreement before initiation of service.
Fee adjustments may be made due to rush delivery requests or prompt payment, as follows:
CLIENT understands if travel is needed, CLIENT will take on additional travel expenses. Travel expenses include: Air, lodging, ground transportation, and food. These expenses are billed separately.
Confidential Information and Trade Secrets
CLIENT understands and agrees that during the term of this agreement, you will be entrusted with valuable confidential business and proprietary information. Unless authorized in writing, you agree not to directly or indirectly disclose any confidential business and/or proprietary information pertinent to Open Design LLC to any person or entity. In addition, you agree not to directly or indirectly use this information, except for your direct benefit.
Ownership & Usage Rights
Upon receipt of full payment, all Work Product shall be the sole and exclusive property of CLIENT and CONTRACTOR does hereby assign and transfer all of its right title and interest in such Work Product to CLIENT. All Work Product which constitutes original works of authorship arising in any manner from the performance of Services shall be the sole and exclusive property of CLIENT as “works made for hire”. CONTRACTOR reserves the right to reproduce any and all content created in print and electronic media for CONTRACTOR’s promotional purposes.
Errors
CLIENT has the responsibility to proofread and review all work produced during and after the project. As a result, the CLIENT is fully responsible for any errors in spelling, typography, illustrative layout, photography, video, or other errors discovered after printing or production or for any work performed by third-parties selected by the CLIENT. If such errors arise before completion, corrections will be made to fit CLIENT expectations.
Cancellation
The project agreement can be cancelled by either party at any time by giving at least thirty (30) days written notice. This notice can be sent to scale@opndsn.com. Cancellation will be deemed effective upon CONTRACTOR’s receipt of notice. Upon cancellation, the CLIENT will be billed one final payment. This payment amount is equal to the regularly scheduled monthly payment. CLIENT will then have 30 days to acquire control of any accounts that have been setup on its behalf. CLIENT will be solely responsible for any costs in transferring domains. All applications, features, functionality, and support will be available during the 30-day transition period. At the end of the 30 days, all data files, or other information that is stored in the CLIENT’s account will be permanently deleted.
Refunds
Upon signing the Project Agreement, CLIENT acknowledges the start of the project and no refund will be given. CLIENT may cancel the Project Agreement with terms under "Cancellation" but will not receive a refund once the project has started.
Hold Harmless
CLIENT agrees to defend, indemnify, and hold harmless our company and its affiliates from and against any and all claims, actions, losses, damages, liabilities costs, and expenses (including reasonable attorney’s fees) that results from or arises out of directly or indirectly any injury or damage that occurs in connection with this agreement.
Agreement Execution
To begin your project, simply review, sign the project agreement, and make the initial required payment. For any questions, please contact scale@opndsn.com.