Effective Date: 04/30/2024

 

Before you begin to read this boring (but REALLY important) stuff, I, Brian, want to truly thank you for visiting Mora Odona Creative Studio. 

 

By using this website and services, you agree to comply with the following Terms of Service. Please read these terms carefully before contacting to inquire about any of the services listed. If you do not agree with these terms, please do not use the services listed.

​

––––––––––

 

1. Services

 

I, Brian, operating as the sole proprietor of Mora Odona Creative Studio, provides the following services: Graphic Design, Visual Media (including Photography, Videography, and Editing), Digital Experience (UX and UI Design), and Drone Photography and Videography.

 

a. Right to Refuse Services

 

I reserve the right to cancel or deny any work that is deemed inappropriate, dangerous, unsafe, illegal, or contrary to ethical standards. This includes but is not limited to projects that involve explicit or harmful content, violate legal regulations, or pose risks to personal safety. Such decisions will be made at my sole discretion, even if they do not explicitly fall under the aforementioned criteria.

 

This addition makes it clear that you prioritize ethical and safe practices, providing a foundation for maintaining a positive and lawful working relationship with any parties directly and indirectly involved.

 

b. Lifetime Polishing Warranty (Digital Experience Service)

 

I am proud to offer a Lifetime Polishing Warranty for the Digital Experience service. This warranty is designed to provide ongoing support for minor adjustments to your digital presence. These adjustments include, but are not limited to, adding new media, tweaking text, adjusting colors, and other small refinements that do not require a complete page overhaul.

 

i. Scope of Warranty

• The warranty covers minor adjustments and refinements that maintain the existing layout and structure of the digital experience.

• Examples of covered adjustments include text modifications, media updates, and color refinements.

ii. Termination of Warranty

• If the client chooses to have the website adjusted by someone other than Mora Odona Creative Studio after the initial design is finalized, the Lifetime Polishing Warranty will be terminated by default.

• Any adjustments requested after termination will be subject to normal service fees.

iii. Timeframe for Adjustments

• Minor adjustments covered by the warranty are generally completed in a speedy manner.

• For more extensive adjustments involving multiple pieces of media, a timeframe may apply based on the complexity and quality of the changes.

• The goal is to complete adjustments efficiently, ensuring a seamless and continuously refined digital presence.

iv. Benefit for Both Parties

• To benefit both the client and Mora Odona Creative Studio, the only minimum condition for the Lifetime Polishing Warranty is to provide credit by adding my logo and website link to the website's footer.

 

c. Drone Service Location Restrictions

​

Some places may have specific restrictions when it comes to flying any sort of aircraft, such as strict no-fly zone restrictions. Generally, this information is public, but some areas require the pilot to fill out a Low Altitude Authorization and Notification Capability (LAANC), generally near airports, historic cities, or other specific events. It is important to understand that some areas may have temporary or permanent restrictions, and therefore, a drone session may not be able to take place.

​

d. Client Control Disclaimer

​

By engaging in the collaborative workspace provided for this project, the client and any party included in the collaborative workspace acknowledges and agrees to the following:

​

• The client has full control over the workspace and is authorized to make alterations, edits, and changes to project-related materials.

• The client understands that deleting or altering any work without notifying Mora Odona Creative Studio may lead to project delays and could result in additional charges. This includes but is not limited to media files, project mapping, and essential project-related information.

• In the event of any changes to the project, the client is fully responsible for promptly communicating such changes to Mora Odona Creative Studio. Failure to provide timely updates may impact project timelines and may result in additional charges.

• The client acknowledges that maintaining effective communication and collaboration is crucial for project success. It is recommended to consult with Mora Odona Creative Studio before making significant alterations to ensure alignment with project goals and timelines.

• By proceeding with the project and utilizing the collaborative workspace, the client agrees to adhere to the terms outlined in this disclaimer. Any questions or concerns regarding project control and communication should be addressed with Mora Odona Creative Studio.

 

e. Out of Scope

​

Should the scope of the Project be altered significantly, Mora Odona Creative Studio reserves the right, in their sole discretion, to amend the launch date to accommodate the changes to the Project. Mora Odona Creative Studio also maintains the right to decline any work not detailed in the original quote requested.

​

i. Refinements and Additional Work

• Unless stated otherwise, the client is entitled to 1-2 stages of refinements per service.

• Any additional work beyond the services listed above will result in an added billing to the invoice.

​
 

f. Website Edits

 

Mora Odona Creative Studio is not liable for damages arising from any edits, updates, or other changes made by the client to their hosting or site. If the designer is asked to assist in resolving such issues, the time spent will be billed at the designer's current hourly rate.

​

––––––––––
 

2. Copyright and Intellectual Property

 

a. Ownership

 

All intellectual property rights to the final designs created during the course of the project will be owned by me unless otherwise agreed upon in writing. The client will be granted exclusive usage rights as outlined in the project agreement.

 

b. Portfolio Rights

 

I retain the right to showcase the completed work in my portfolio and for promotional purposes, unless otherwise specified and agreed upon with the client.

 

c. Media Submission for Project Understanding

In the process of providing efficient quotes and understanding the current state of ongoing projects, clients may be requested to submit media or files related to their project. It is crucial to note the following:

​

i. Ownership of Submitted Media

• Clients retain full ownership of the media they submit for project understanding purposes.

ii. Temporary Handling of Submitted Media

• Mora Odona Creative Studio will never hold onto or store any media or files submitted by clients for project understanding unless explicitly agreed upon.

• Submitted media will be used solely for the purpose of project evaluation and quote generation.

iii. Ownership Upon Initiation of Service

• If the client decides to proceed with the service and pays the non-refundable fee, part or full ownership of the work may be held by Mora Odona Creative Studio. This includes improvements made to the submitted ideas or media.

 

d. Disclaimer on Client’s Copyright Knowledge

 

Mora Odona Creative Studio will not be held responsible for the client’s awareness of the copyright status of materials provided for modification. The client is responsible for ensuring that any content, including but not limited to images, text, or other media, provided for use in the project is not copyrighted or used without proper authorization. I will not be liable for any copyright infringement resulting from the client’s use, modification, or distribution of copyrighted materials without proper permission.

 

This addition emphasizes the importance of the client’s responsibility for copyright compliance and makes it clear that you are not liable for any potential copyright issues arising from the materials provided by the client. 

​

––––––––––

 

3. Rescheduling and Project Timelines

 

a. Weather or External Factors

 

For services dependent on weather, such as Drone Photography, rescheduling may occur due to adverse conditions. In such cases, a mutually agreed-upon alternative date will be established.

 

b. Client Responsibilities for Timely Completion

 

Clients are responsible for providing necessary information, feedback, and approvals in a timely manner. Delays caused by the client may impact project timelines.

 

c. Communication Protocol for Rescheduling

 

In the event of rescheduling, both parties will communicate promptly to agree upon a new schedule. The agreed-upon alternative date will be documented in writing.

​

––––––––––

 

4. Payment and Fees

 

a. Deposit and Payment Schedule

 

A non-refundable deposit is required upfront to secure my commitment to the project. The deposit percentage will be determined based on the scope and complexity of the project, typically ranging from 20-30% for standard projects and possibly up to 50% for more extensive projects that require significant planning and time.

 

b. Payment Schedule

 

The remaining payments will be structured according to the project agreement. This may include milestone payments tied to project phases or specific deliverables. All payments are due within the agreed-upon timeframe, and late payments may incur additional fees as specified.

 

c. Additional Costs

 

Additional costs may be incurred for services beyond the agreed-upon scope, including extra revisions or unforeseen project requirements. Any such costs will be communicated and agreed upon before implementation.

 

This addition clarifies the upfront deposit structure and emphasizes the importance of adhering to the payment schedule.

 

d. Digital Experience Website Startup Cost

 

It's important to note that the quote provided does not cover the domain, website setup, or ongoing maintenance costs. These aspects are separate and will be discussed with the client towards the project's conclusion, ensuring a tailored approach that aligns with the finalized content and meets their specific needs.

 

e. Quote & Invoice Expiration

 

Quotes and invoices are valid for 30 days. Revisions beyond this period may drastically change the price initially quoted. Changes are based on current market rates, project needs, general studio updates, and other factors.

 

f. Quote Disclaimer

 

The quoted prices are based on the services outlined in the given proposal. Prices are subject to change if additional services are requested or if the scope of work requires more time and effort than initially anticipated. In such cases, I am committed to maintaining transparency and will communicate any adjustments to the client promptly. Your understanding and cooperation in these matters are greatly appreciated.

​

––––––––––

 

5. Termination of Services

 

a. Cancellation Policies

Either party may cancel the project under specific conditions outlined in the project agreement. If a cancellation occurs, the following will take place:

​

i. Number of Revisions

• Should the contract be terminated by either party, and bills are not settled after the non-refundable deposit and final payment, the following terms apply to modified media:​

• Any modifications made to media by Mora Odona Creative Studio during the course of the project legally belong to the studio.

  • A. Ownership of Modified Media

  • B. Return of Original Media

    • The client has the option to request the return of the original, unmodified media submitted for the project.

    • In such cases, Mora Odona Creative Studio will retain ownership of any modifications made during the project.

• C. Usage Restrictions

  • The client is not permitted to use the modified designs for personal or business use in the event of termination if bills are not settled.

  • Any attempt to recreate the ideas or designs by the client or another individual is strictly prohibited.

 

––––––––––
 

6. Confidentiality and Data Security

 

a. Data Handling

 

I, Brian, am committed to maintaining the confidentiality and security of client information. This includes but is not limited to personal details, project specifics, and any proprietary information shared during the course of our collaboration.

 

b. Use of Sensory Information

 

I will never hold, advertise, or use sensory information, such as addresses, unless explicitly stated and required for the project by the client, such as real-estate advertisement. Morally, I will use only the necessary sensitive information provided by the client to fulfill the project requirements.

 

c. Contact Information

 

Any phone numbers or emails shared by the client for contact purposes or additional work will be retained by me solely for those purposes. I will never reshare this information or sell sensitive details to any third party.

 

d. Responsibility for Other Parties

 

The client is responsible for ensuring that any other parties involved in the project follow the same confidentiality guidelines. I will not be held responsible for information issues that may arise from actions committed by other parties working concurrently with me.

 

This addition reinforces your commitment to privacy and sets clear expectations regarding the use of sensitive information.

​

––––––––––

 

7. Changes to Terms of Service

 

I, Brian, reserve the right to modify, update, or change these Terms of Service at any time. Clients will be notified of any changes, and continued engagement with Mora Odona Creative Studio’s services implies acceptance of the updated terms. It is the client’s responsibility to regularly check for updates. Changes may be prompted by evolving business practices, workflow adjustments, or the introduction of new services.