Fancy Panda Design
 

Terms & Conditions

Effective Date: 6.4.26

These Terms & Conditions ("Agreement") govern all graphic design, branding, illustration, marketing, web design, and creative services provided by Fancy Panda Design ("Designer," "Studio," "we," "our," or "us") to the client ("Client," "you," or "your").

By approving a proposal, paying an invoice, signing a contract, or otherwise engaging Fancy Panda Design for services, the Client agrees to the following terms.

1. Scope of Services

Fancy Panda Design will provide creative services as outlined in the approved proposal, estimate, statement of work, or written agreement.

Any services requested outside the agreed scope may require additional fees and revised timelines.
 

2. Project Approval & Authorization

Approval of a proposal, estimate, invoice, email confirmation, or signed agreement constitutes authorization to begin work and acceptance of these Terms & Conditions.
 

3. Fees & Payment
 

3.1 Deposits

Projects may require a non-refundable deposit before work begins. Unless otherwise stated, a deposit of twenty-five percent (25%) of the total project fee is required.

3.2 Final Payment

Final deliverables will not be released until all outstanding balances have been paid in full.

3.3 Payment Terms

Invoices are due within thirty (30) days of the invoice date unless otherwise specified.

3.4 Late Payments

Late payments may incur a service charge of 5% every 10 business days or the maximum rate permitted by law.

The Designer reserves the right to suspend work on active projects until overdue balances are paid.
 

4. Revisions

Project fees include the number of revisions specified in the proposal.

Additional revisions beyond the included amount will be billed at the Designer's current hourly rate or quoted separately.

A revision is defined as a modification to an existing concept and does not include requests for entirely new design directions.
 

5. Client Responsibilities

The Client agrees to:

• Provide necessary content, feedback, approvals, and materials in a timely manner.

• Ensure all supplied text, images, logos, and assets are legally owned or licensed.

• Review deliverables promptly and communicate feedback clearly.

Project delays caused by the Client may result in schedule adjustments and additional fees.
 

6. Intellectual Property
 

6.1 Ownership Transfer

Upon full payment, the Client receives ownership rights to the final approved deliverables specifically outlined in the project agreement.

6.2 Working Files

Unless otherwise stated in writing, source files, working files, sketches, concepts, drafts, and production files remain the property of Fancy Panda Design.

Transfer of editable source files may require an additional licensing or transfer fee.

6.3 Preliminary Concepts

All unused concepts, drafts, and rejected designs remain the exclusive property of Fancy Panda Design.
 

7. Portfolio Rights

Fancy Panda Design retains the right to display completed and published work in portfolios, websites, social media, award submissions, marketing materials, presentations, and promotional content unless otherwise agreed upon in writing.
 

8. Stock Assets & Third-Party Materials

The Client is responsible for purchasing licenses for any stock photography, fonts, illustrations, plugins, or third-party assets unless specifically included in the project proposal.

Fancy Panda Design is not responsible for future licensing costs associated with third-party assets.
 

9. Client-Supplied Materials

The Client warrants that all materials provided to Fancy Panda Design do not infringe upon any copyright, trademark, patent, or intellectual property rights.

The Client agrees to indemnify and hold harmless Fancy Panda Design from any claims arising from the use of supplied materials.
 

10. Project Delays & Abandonment

If the Client becomes unresponsive for thirty (30) consecutive days, the project may be considered inactive.

Projects inactive for more than sixty (60) days may be closed and require a restart fee before work resumes.
 

11. Cancellation

By Client

The Client may cancel a project at any time by providing written notice.

The Client remains responsible for payment of:

• All completed work

• All work in progress

• Any non-cancelable expenses incurred

Deposits are non-refundable.

By Designer

Fancy Panda Design reserves the right to terminate a project if:

• The Client breaches this Agreement;

• Communication becomes abusive or unprofessional;

• Required payments are not made.

The Client will be billed for all work completed through the termination date.
 

12. Printing & Production

While Fancy Panda Design may assist with print production or vendor coordination, we are not responsible for errors introduced by printers, manufacturers, installers, shipping carriers, or third-party vendors.

Clients are responsible for reviewing and approving final proofs before production.
 

13. Website & Digital Services

For website projects:

• The Client is responsible for ongoing hosting, domain registration, security updates, and maintenance unless covered by a separate maintenance agreement.

• Fancy Panda Design is not liable for outages, hacks, hosting failures, or third-party platform issues beyond our control.
   

14. Limitation of Liability

Fancy Panda Design's total liability for any claim arising out of a project shall not exceed the total fees paid by the Client for the specific project.

Under no circumstances shall Fancy Panda Design be liable for indirect, consequential, incidental, or special damages, including lost profits, business interruption, or reputational harm.
 

15. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of the project and not disclose such information to third parties without written consent.
 

16. Force Majeure

Neither party shall be liable for delays or failure to perform caused by circumstances beyond reasonable control, including natural disasters, governmental actions, internet outages, labor disputes, illness, or other unforeseen events.
 

17. Governing Law

This Agreement shall be governed by and interpreted under the laws of the state in which Fancy Panda Design is registered and operates, without regard to conflict of law principles.
 

18. Acceptance

By engaging Fancy Panda Design and approving any proposal, estimate, invoice, or project agreement, the Client acknowledges that they have read, understood, and agreed to these Terms & Conditions.
 

Fancy Panda Design
915 North Griffin St.
Bismarck, ND 58501-3478
701-315-0706
bkaul@fancypandadesign.com
www.fancypandadesign.com

Version 1.0
Last Updated: 6.4.26