Terms & Conditions

Please read and understand.

Terms

The following Terms and Conditions of Service apply to all products and services provided by El Gorro Creative Co. (EGCC-formerly known as “Maclovio Morales Design”) and in the event of any dispute. All work is carried out by EGCC on the understanding that the client has agreed to our terms and conditions. Copyright is retained by EGCC on all adesign work including artwork, pictures, ideas, visuals and illustrations unless specifically released in writing and all costs have been settled.

If a choice of designs is presented and one is chosen for the client’s project, only that solution is deemed to be given by EGCC as fulfilling the contract. All other designs remain the property of EGCC, unless specifically agreed in writing.

Project Acceptance

At the time of proposal, EGCC can provide the client with a written estimate or quotation by email. Prices/rates are subject to change based on demand. EGCC has the right to reject/decline any service for any reason. Terms and Conditions are agreed upon when design service is accepted by EGCC, and client has accepted the estimate or quote with verbal, written or signed acceptance, and payment has been provided by the client/commissioner. These Terms and Conditions can be read at any time on the EGCC website. For the avoidance of doubt, the EGCC Terms & Conditions are what govern the job, not any conditions on the client’s purchase order.

Design Charges

Charges/Payments for design services provided by EGCC will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s verbal, written or signed acceptance of this estimate or quote will indicate the acceptance of all Terms & Conditions and the following:

  • Design services can be paid either 100% upfront, or split 50% upfront and 50% after concept approval, or at the middle marker of the project, which is at EGCC’s discretion with proper and timely notification.

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance, unless agreed otherwise with the client. Updated invoice will be provided accordingly.

Payment

Currency accepted is USD, and payments can be made through online/mobile app transfers, credit card, PayPal or other form of approved payment by invoice sent to the email address you provide. Payments must be previously agreed and may be subject to an additional process charge.

  • The final Invoice amount must be paid in full prior to release and delivery of digital and/ or printed materials.

  • Do not send any payment before EGCC have gone over the details provided, or creative brief and have agreed to the project. Only then EGCC will request for you to send the payment(s).

  • EGCC reserves the right to consider an account to be in default in the event of a completed, but unpaid service.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice or completion. EGCC shall be entitled to remove EGCC’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid amount due for services, including, but not limited to, designs, sub-contractors, prints, photographers, libraries,

Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay all EGCC’s reasonable expenses in the enforcement of the debt and these Terms and Conditions.

Process

Any indication given by EGCC of a design project’s duration is to be considered by the client to be estimation. EGCC cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that EGCC receive the initial payment or by date confirmed by EGCC.

The time it takes to finish the accepted design service varies depending on factors such as health, the complexity of the services and assets required, and other work and life responsibilities. EGCC will remain in communication with the client through these steps of the process: Research, Concepts, Approvals, Final designs. Each project is logged and maintained.

Once designs are complete and ready for review, the client will review the proofs and determine if any revisions/changes are required. Unless expressed otherwise, revisions/changes are provided in the quoted pricing and include the following:

  • Client will have 2 rounds of revisions/changes on the commissioned design work.

  • A fee will be added if the client wishes a change on the final/approved design work – unless a misunderstanding has been made, which EGCC has the right to declare.

    • The amount of the extra charge depends on the change the client is requesting to make.

  • If no revisions/changes are required, the client will then be able to approve the design work/proof.

    • Approved designs will then be processed to be finalized for digital formats, and printing if applicable.

      For printing information please read the Printing Disclaimer .

The client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after approval of the final design, will be liable to a separate charge. The client also agrees that EGCC holds no responsibility for any amendments made by any third party, before or after a design is approved.

The client will receive the full-resolution images and files along (with web-friendly resolutions). Note that there is no physical/printed product, unless otherwise requested, quoted and approved by EGCC.

Printing Disclaimer

By approving the design work and proof, the client agrees to the following notes. 

The client is FULLY RESPONSIBLE for final proof and layout approval prior to the printing process. It is the clients duty to proofread —please double check artwork and text/copy before approving, as we may not be able to stop the press once approved. The client understands that any errors existing on the approved proof will be printed and that any additional costs incurred to fix these errors are the client's responsibility and will be liable to a separate charge. The client also agrees that EGCC holds no responsibility for any amendments made by any third party, before or after a design/proof is approved.

Color Proofing & Matching:

  • EGCC is not liable for color matching or ink density on digital proofs approved by the customers. Digital proofs will predict design layout, text accuracy, image proportion, and placement, but not color or density.

  • The colors on your monitor may not be representative of the printed piece. The monitor uses a resolution of 72 dpi and is RGB based, while printing uses 300 dpi and is CMYK based. The colors on the monitor can be brighter than they will appear when they print.

  • EGCC will try its best to match the gradient density of each color, EGCC is not liable for the final appearance of a color.

Paper Treatment:

  • Different paper styles and treatments can cause color shifting with ink densities, making it a challenge to color match.

Rights of Refusal

EGCC has the right to reject any order for any reason. EGCC will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All branding, advertising, or other material must conform to all standards laid down by all relevant advertising standards authorities. EGCC also reserves the right to refuse to include any submitted material without giving reason. In the situation where any illustrations, images, idea, and/or data that EGCC does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow EGCC to remove the contravention without hindrance, or penalty. EGCC is to be held in no way responsible for any such information being included.

Source Files

EGCC will supply proofs and files as appropriate for the design service commissioned, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright (original) design source files, including but not restricted to indd, psd, ai, png, eps, svg or other source files or raw material; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Copyrights & Trademarks

By supplying text, images and other data to EGCC for inclusion in the client’s designs or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any designs, software, code, plugin or other third-party material used in a digital or print project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not EGCC. By supplying images, text, or any other data to EGCC, the client grants EGCC permission to use this material freely in the pursuit of the design. The client agrees to fully indemnify and hold EGCC free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permission.

Data Formats

The client agrees to EGCC definition of acceptable means of supplying data to the company. Text is to be supplied to EGCC in electronic format as standard text (.txt), MS Word (.docx) via e-mail or file share. Images which are supplied in an electronic format are to be provided in a format as prescribed by EGCC via e-mail or file share. Images must be of a quality suitable for use without any subsequent image processing, and EGCC will not be held responsible for any image quality which the client later deems to be unacceptable.

EGCC cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images.

Social Media & Content Management Services

EGCC has no control over the policies of Facebook, Instagram, Twitter, LinkedIn and all other social media channels being utilized for campaigns. EGCC has no say with respect to the type of content that social media channels accept now or in the future.

By signing these terms and conditions you acknowledge that EGCC makes no warranty that the Social Media Campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.

The client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to EGCC for inclusion in any campaigns are owned by the client, or that the client has received permission from the rightful owner(s) to use each of the elements.

Minimum term of any Social Media and Content Management service is one month or quoted project agreement. Cancellations of any ongoing Social Media Services must be made in writing. If EGCC does not receive notification that the campaign should be stopped after the one month period in writing, client agrees that EGCC will continue working and payments will continue to be made on a monthly basis.

EGCC reserves the right to reject or discontinue the social media services where he is unable to provide the services due to technical, ethical, legal, or other matters. Where applicable, EGCC will refund the client for any services not yet rendered.

Usage License

EGCC retains copyrights over the designs and production assets/materials. EGCC will not profit further from the commissioned designs or assets unless the client breaks any of the terms.

The client may upload the design files provided at the completion of the project, onto their respected website, social media channels and other platforms in relations to their business. The client may not intentionally or unintentionally use design files provided by EGCC in order to produce or reproduce further assets or materials that can cooperate with their company/business, unless such assets or materials are outside the scope of EGCC’s capabilities (production capabilities must be confirmed by EGCC before client attempts to move forward with production).

The following is considered copyright infringement related to illustration or digital artwork:

  • Claiming the artwork as your own.

  • Altering the artwork without consent — making major or large modifications, changing the overall work from the original appearance.

  • Reproducing/using the copyrighted artwork commercially — making money off it in any way not excluded from these terms.

  • Client may not make profits from the commissioned artwork (Sub-license, reselling, renting, redistributing, make prints to sell, etc.)

All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to first use or searches and legal advice sought as to its use.

EGCC will not be held responsible for any and all damages resulting from such claims. EGCC is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold EGCC responsible for any such loss or damage. Any claim against EGCC shall be limited to the relevant fee(s) paid by the client.

Cancellation

The client is not allowed a refund once EGCC starts working on the commission. If for any reason EGCC is not able to start the client’s commissioned service the client will receive a full refund. If the client chooses to cancel their order/service before EGCC has started it, the client can get a full refund.

  • In case of no response from the client’s end for a 30 days period or more, then the project will be cancelled without any notice or intimation to the client, and no amount paid from that point will be refunded.

Design Credit

The client agrees to allow EGCC, if choose to, place a small credit on printed material displays, advertisements and/or a link to EGCC own website on the client’s website or social media platforms. This will usually be in the form of a small logo or line of text placed towards the bottom of the page or screen.

The client also agrees to allow EGCC to place designs, mockup material and other designs, along with a link to the client’s site or social media platform on EGCC’s own website for demonstration purposes, and EGCC reserves the right to post the commissioned designs and artwork in an online portfolio, social media, and/or any publications such as art books or printed portfolios.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. EGCC reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms & Conditions

The placement of an order for design and/or any other services offered by EGCC, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available by EGCC at www.elgorrocreative.co

An estimate or quotation form validated by the client by signature, email, or verbal confirmation constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions, and forms a Contract for Business between the signatory and EGCC. 

Questions or concerns? Please email hola@elgorrocreative.co