My Design Terms of Service
Effective Date: Friday, February 16th 2024,
Intro #
These Terms of Service govern your use of Draaaft, a graphics design brand created by Mugisa Brian, codenamed (“Cephas” or “Xephas” “he,” “his”).
They apply to all design work undertaken by or commissioned through Cephas, as provided under the Draaaft Artworks Brand.
By engaging with Xephas or Draaaft for design services, you agree to these terms. If you do not agree, you may not access or use his services.
What's Covered in These Terms #
Before starting your creative journey with Draaaft Artworks, we encourage you to take a moment to understand these Terms of Service (the “Terms,” “Contact,” or “Agreement” ). We understand that reviewing Terms of Service can be tedious, but it's crucial for establishing clear expectations between you and Draaaft Artworks (“Draaaft,” “Draaaft Artworks,” “we,” “us,“ or “our”) regarding your (“Client,” “Business,” “Customer,” “Individual,” “Organisation”) use of our services.
These Terms reflect how Draaaft Artworks operates, our business practices, intellectual property rights, applicable legal regulations, and the fundamental beliefs or principles we uphold. In addition, the Terms outline what you can expect from us as you utilise our design services, and what we expect from you in return, your legal rights and the governing law during the process for settling disputes in case someone violates these terms, with jurisdiction in Uganda and also provides information on how to contact Draaaft for dispute resolution.
Therefore, the Terms define the framework for our relationship as you engage with Draaaft's services and are not intended to restrict your legal rights. However, understanding these terms is vital because by accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
Topics & Aspects Covered #
a) Third-Party Services and Providers
4. Design Ownership, Intellectual Property, and Usage
5. Inclusivity, Equality, and Respect
Privacy Policy #
While not part of these terms, we encourage you to read our Privacy Policy for detailed information about managing, updating, exporting, and deleting your data.
Service Provider #
Draaaft Artworks and your contractual partner are the providers of these services. Therefore, you enter into this agreement with:
Age Requirements #
If you're under the legal age to manage your account, you require parental or legal guardian permission to use Draaaft Artworks. Please have your parent or guardian review these terms with you.
As a parent or legal guardian granting permission for your child's use of our services, these terms apply to you, and you are responsible for their activity within our platform.
Certain Draaaft services might have additional age requirements outlined in their specific terms and policies.
Terms of Service #
1. Services #
Draaaft offers a variety of graphic design services, including:
Any of these services are also referred to as a “project”, or “design” in the preceding sections of these Terms. The specific services offered and their associated fees are subject to change. We also reserve the right to modify or discontinue any of our services at any time with or without notice.
a) Third-Party Services and Providers #
Draaaft Artworks offers a variety of design services. While we strive to manage all aspects of your project in-house, we may utilize vetted and trusted third-party providers for any of the above specific and specialized tasks as necessary to deliver your project efficiently on time and as required.
When engaging such providers, we will prioritize their expertise, reliability, and commitment to data security. We will ensure that any third-party providers are bound by confidentiality agreements and follow data privacy practices consistent with ours. This approach allows us to access a wider range of expertise and ensure top-quality results across diverse project requirements. You will be kept informed of any such collaborations and have the opportunity to voice any concerns before work commences.
By accepting these Terms of Service, you acknowledge and agree to the potential involvement of third-party service providers in your project.
2. Design Project Process #
a) Initial Consultation and Initiation #
We will have a consultation to understand and discuss your project needs, goals, timeline, and budget. You will provide a detailed brief outlining your project requirements and goals.
b) Proposal and Estimate #
Draaaft will then send or provide you with a proposal outlining the scope of work, timeline, and fees.
c) Agreement and Payment #
Upon your approval and acceptance of the proposal, we will enter into a formal contract outlining the agreed-upon terms and you will be required to pay a deposit (the “Deposit”) to secure your project slot. The Deposit is non-refundable if the project is terminated due to your breach of these Terms.
d) Design, Revisions, and Feedback #
Draaaft will work collaboratively with you on your project and provide you with opportunities for feedback and revisions. Additional revisions may be subject to additional fees. We reserve the right to refuse revisions that are unreasonable or outside the scope of the project.
e) Final Delivery #
Once you approve the final design, Draaaft will deliver the completed files and assets in the agreed-upon format upon full payment of all outstanding fees.
3. Fees and Payment #
Our fees are based on the scope of the project, including the complexity, timeline, and deliverables. We require a Deposit before starting any project, with the remaining balance due before delivery of the final design. We accept payment via bank transfer or mobile money, as specified in the proposal. Additional standard charges and taxes may apply during the transaction, which will be detailed in the proposal. Draaaft reserves the right to modify its fees at any time. However, any changes to fees will not apply to projects already in progress.
4. Design Ownership, Intellectual Property, and Usage #
a) Ownership #
All original artwork and designs created by Draaaft for your project are the exclusive intellectual property of Draaaft, and we retain all ownership rights to the original design concepts and files created for your project unless otherwise agreed upon in writing or email.
b) License #
Upon full payment of all outstanding fees, you will receive a non-exclusive, royalty-free license to use the final designs for your intended purposes.
c) Modification Rights #
You may not modify, resell, or distribute the designs without our written permission and consent.
d) Retention of Usage Rights #
We reserve the right to use portions of the design for portfolio showcases, social media posts, marketing materials, or other promotional purposes unless explicitly agreed upon otherwise in the contract.
e) Client Information Usage #
We reserve the right to use the details you provide during the ordering process and design stage for creative purposes related to your project only.
f) Confidentiality #
Draaaft will always treat all information you provide as confidential, and we will not share your information with third parties without your written consent. You also agree not to disclose any confidential information about Draaaft or its services. Non-disclosure agreements (NDAs) are available upon request.
5. Inclusivity, Equality, and Respect #
a) Non-Partisan Policy #
Draaaft Artworks operates with a core principle of non-partisanship. We do not favor, promote, endorse, or align ourselves with any specific political party, ideology, or social group. We believe in treating everyone equally and value inclusivity in all our interactions. As your design partner, we approach every project with an open mind and a commitment to creating designs that resonate with diverse audiences and uphold ethical standards.
b) Inclusive Design Practices #
We promote inclusivity and accessibility in our design projects, striving to cater to diverse audiences and perspectives.
c) Respectful Communication #
We encourage respectful and professional communication throughout the design process. We expect clients to treat our team with courtesy and avoid discriminatory or offensive language or behavior.
By choosing Draaaft, you are partnering with a design team that believes in the power of creativity to connect and elevate, regardless of political affiliation, social background, or personal beliefs, and you agree to uphold our commitment to inclusivity, equality, and respect.
6. Warranties and Disclaimers #
We provide our services on an “as is” and “as available”
basis. We make no warranties, express or implied, regarding the quality, accuracy, completeness, performance, or outcome of our services. We are not responsible for any errors or omissions in the project materials or any damages arising from the use of our services.7. Limitation of Liability #
Our liability to you for any damages arising out of or related to these Terms or from the use or inability to use our Services is limited to the amount of fees paid by you for the project. We are not liable for any indirect, incidental, consequential, or punitive damages.
8. Entire Agreement #
These Terms constitute the entire agreement between you and Draaaft regarding the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9. Termination #
a) By You: #
You may terminate this contract agreement for any reason, at any time before the delivery of the final design by providing written notice to us. In such case, you will not be entitled to a refund of any unused portion of the Deposit as it is non-refundable. You may also terminate these Terms by ceasing to use our services.
b) By Us: #
We may terminate this contract agreement or your access to our services at any time for any reason, with or without notice. Some of the reasons for our termination may include (but are not limited to):
10. Governing Law and Dispute Resolution #
These Terms shall be governed by and construed following the laws of Uganda without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms shall be subject to and will be settled by binding arbitration and the exclusive jurisdiction of the courts of Uganda.
11. Changes to Terms #
Draaaft Artworks reserves the right to modify or replace these Terms of Service at any time by posting the revised Terms on its website. You will be notified of any changes and continued use of the Service after such modifications constitute acceptance of the new terms. Your continued use of Draaaft's services after such changes will constitute your acceptance of the revised Terms.
By engaging with Draaaft, you acknowledge that you have read, understood, and agreed to these Terms of Service.
12. Contact Us #
If you have any questions about these Terms, please contact us at inquiry@xephas.me
Yours Sincerely,
Mugisa Brian (Cephas)
A designer and developer of experiences
Mugisa Brian (Cephas)