DEPOSITS, FINAL PAYMENTS, AND DELIVERY
Ninth Paddock Creative (NPC) shall request a deposit from the Client (You) of up to 50% of the projected total cost before starting any commissioned work. 

NPC will generate an invoice for the deposit and deliver it via email. The Client will pay the deposit within 5 days of the invoice delivery. Upon payment of the NUMBER of deposit funds, you also agree to accept these Terms of Service and enter into a contract with NPC for the commissioned outlined work.

NPC will issue an invoice for the balance of the project's remaining cost and any associated services or fees associated with the outlined work, and payment in full must be received before any finalized files or final exports are released. 

NPC reserves the right to invoice a ‘PAUSE FEE’ of 25% of the project's total cost if for whatever reason the Client requests time beyond 5 business days to give direction or notes regarding the project. Causing the project to extend past the projected completion date.

In a retainer (subscription) model, an invoice will be issued at the start of onboarding, with retainer terms and parameters outlined therein.

NPC also reserves the right to invoice before the scheduled completion date and project completion if the Client has been uncontactable/unresponsive for more than 30 days.

NPC reserves the right to charge the Client for, and the Client agrees to pay, any fees and expenses, including reasonable attorneys’ fees, incurred by NPC relating to the commencement of collection and recovery of accounts remaining unpaid for over 30 days.

FONTS & TYPEFACES
Licensing and use of any fonts or typefaces
Specific fonts/typefaces used in the Client’s final logo or supporting brand identity assets may require a commercial license to authorize use. In the event Client desires to use any such fonts or typefaces, NPC will attempt to assist THE Client by providing any information NPC has on such fonts/typefaces used and their sources. It is the Client's sole responsibility to obtain any necessary licenses (paid or unpaid) for the use of such fonts/typefaces and shall provide NPC with a signed copy of THE same.

It is against the law for the Client to use any third-party-owned fonts/typefaces without a valid license. Typically, fonts/typefaces used in logo work will not need to be licensed, as the graphics are converted to vector artwork and are not editable. However, the Client will need to acquire licenses, whether through a desktop license or otherwise, if the Client requires a font/typeface for editing purposes, such as on a website or a print presentation. 

RESTRICTIONS ON USE
Restrictions on the use of NPC materials/artwork
These Terms of Service do not give Client the right or permission to use, modify, alter, replicate, or borrow any of the materials, drawings, graphics, visuals, sketches, concepts, or ideas provided by NPC (the “NPC Owned Materials”).  The NPC-Owned Materials will at all times remain the sole property of NPC. NPC reserves the right to use the NPC-Owned Materials for any NPC creative work, whether for the Client or any other party. Where any new idea/design created by NPC retains a similar look and style to Client’s finished logo, NPC reserves the right to repurpose and re-style the artwork so that the end design is sufficiently different from that provided to Client so as not to conflict legally.

Unless otherwise agreed upon in writing by both parties, NPC reserves the right to showcase finished logos and associated designs provided to THE Client in other client portfolios and any number of online galleries, portfolios, showcases, or awards, as well as in any printed literature, including books and magazines, now and in the future, without any compensation due Client therefor. Associated designs and artwork shall include but not be limited to commercial print design and illustration, business cards, stationery design, signage, desktop icons, mobile phones, and other portable device applications, icons, and imagery. As well as original artworks. 

Client agrees not to alter, revise, edit, change, crop, or amend preliminary or final approved artwork files. Upon any alteration, revision, modification, or change to the delivered artwork, NPC reserves the right to refuse further involvement with the project and the Client, as well as to pursue any legal claims NPC may have against the Client.

OWNERSHIP & COPYRIGHT
All NPC-Owned Materials, including but not limited to preparation materials, sketches, and visuals, as well as the electronic files used to create or maintain such materials, remain the sole and exclusive property of NPC. The final artwork/digital files will become the Client's property only upon NPC’s receipt of payment in full. If payment in full is NOT received as agreed, all designs and concepts will remain the sole property of NPC.

Should THE Client attempt to modify, alter, replicate, or otherwise use or allow others to use any NPC-Owned Materials, NPC shall have the right to take all necessary legal action to protect its rights. Should NPC take legal action against THE Client in connection with unauthorized use of the NPC-Owned Materials, THE Client agrees to pay NPC all fees and expenses, including reasonable attorneys’ fees, incurred by NPC in connection with such legal action.

NPC reserves the right to use any artwork, ideas, sketches, or other materials created for this project in a portfolio as examples of client work. If THE Client has any specific non-disclosure requirements, NPC shall only be obligated to comply with such requirements if, and only if, NPC has agreed to and signed a written non-disclosure agreement with THE Client.

Final payment ensures that ONLY the agreed final artwork or designs and their corresponding files and file types become the Client's property. Unless agreed upon previously in writing by both parties, any previous ideas/concepts remain the sole property of NPC.

Due to the lengthy and often costly procedures required to initiate any form of trademark, copyright, or legal name search, the Client is solely responsible for seeking any legal advice on clearing, approving, or registering the finalized artwork, designs, or finished work, or any component thereof, as a trademark or copyright.

CLIENT NAME, BRANDING AND CONTENT
Client is solely responsible for any content provided by Client, including, but not limited to company name, any product names, designs or branding, and any other designs or content (the “Client Materials”), and Client represents and warrants to NPC that Client Materials are the original property of Client or that Client has properly licensed such material for the purpose covered by Client’s and NPC’s agreement, that the Client Property does not infringe or otherwise violate the rights of any other party, and that NPC is legally free to use such Client Materials without any obligation or payment due any other party. If NPC requests, the Client shall provide NPC with copies of any such licenses before any work begins. Should any legal issue or action arise in connection with the use of Client Materials, THE Client shall indemnify and hold harmless NPC, its employees, and representatives from any such claim or action, and all expenses incurred in connection therewith, including reasonable attorneys’ fees and expenses. NPC shall have no responsibility, obligation, or liability in connection with the use of the Client Materials. Notwithstanding any third-party claim regarding the Client Materials, no refunds are possible.

PROJECT CHANGES
Project changes once the project has begun are exceptionally costly, challenging to implement, and cause significant delays. If a change is required and significant conceptual exploration and/or creative work has been completed, then NPC will have no choice but to recalculate the total cost of the project to allow for the reworking involved. If THE Client does not agree to pay the recalculated cost, THE Client shall nonetheless remain liable and shall promptly pay NPC for all NPC conceptual and creative work created even if THE Client elects not to complete the original project.

NPC grants up to THREE (3) total revisions to any outlined project built-in to projected costs and time required for completion of the project. Additional revisions will incur a fee of 15% of the total project cost for each revision beyond THREE (3) to compensate for additional time and delays incurred with each new revision.

RETAINER / SUBSCRIPTION AGREEMENTS
Upon agreement of a Retainer or Subscription model of service, NPC and Client will develop a project plan or list of concepts or ideas. Projects will be addressed ONE-at-a-time, or two at a time (depending on agreed-upon parameters). NPC will complete projects in order deemed highest priority by the Client first and will move on to each subsequent project upon the previous completion and client sign-off. The amount of work to be completed in each Month of the Retainer/Subscription model will rely on the Client’s ability to provide feedback and responses to work promptly. NPC will address projects and project timelines or stages upon each evaluation of each new projects details and parameters. Projects in progress at the end of the 3-month retainer sequence will be completed and delivered regardless if the Client decides to continue service beyond said month. 

Projects, Project limitations, and scope, AS WELL AS ADDITIONAL SERVICES AVAILABLE UNDER THE RETAINER/SUBSCRIPTION MODEL, will be quoted, written, and displayed in a 3-tiered format for each Client, based on the Client’s needs and budget. Agreed-upon parameters of the Retainer/Subscription model will appear with the invoice upon issuance.

Revisions, Project changes, associated fees, and restrictions DO NOT APPLY under the Retainer/Subscription model - The client does acknowledge, as stated above - that changing project details and numerous revisions extend project time, which can lower amount of projects completed in said month.

The Client may decide at any time to CANCEL or Discontinue service of THE Retainer/Subscription model. ALL SALES FINAL, NO REFUNDS will be issued after initial sign-on and payment. Client will have access to NPC services and projects up until the end of the THIRD (3rd) Month of the 3-month cycle, at which point, access to all services, files, and forms outside of Client’s completed project files and forms, will be revoked. No future invoice will be issued to the Client.

AGREEMENT OF TERMS OF SERVICE
As stated above, upon payment of deposit funds for the outlined project, or payment of retainer fees, you, THE CLIENT agree to these Terms of Service as part of a binding contractual agreement.