To fully utilize the SP Design House services with no or little trouble, you agree to adhere to these terms and conditions implemented at the SP Design House:
1.SP Design House will accommodate you as the "Client" or the "Designer".
2.SP Design House services
Clients who want to contract designs will ask for design submissions by posting a project brief/s.Clients will initially select several designs, ask designers to make minor changes for improvement, and finally select one design for a posted brief.
- Create and modify a profile
- Submit designs through the website
- Submit quotations through the website
- Respond to clients' requests for edits in SP Design House's messaging channels. Clients can:
- request for designs through the website
- coordinate with designers to ask for edits to the design through the website
- invite contacts to look over the designs in the website for comments
- buy designs through the website
SP Design House reserves the right to deny posting of or remove Briefs on its own discretion.
SP Design House may, but not obliged to review Briefs for clarity, accuracy and completeness.
Contest rules are provided so that Clients and Designers play nice and play well. 3.Withdrawal of designs:
Client can only view initially selected contest designs. After initial selection, client has no right to view, and has no rights over, unselected and unpaid work.
Client has no right to pay for
If a design has not been selected as the winning work, and not paid for, the Designer may remove the design from the SP Design House website.
4. Acknowledgements and Warranties
The Designer acknowledges that all designs submitted are originally made by the Designer.
The Designer acknowledges that it shall receive payment for submitted work only when the Client submits payment to the SP Design House because:
- The Design submitted by Designer is selected as the winning work.
- The design submitted is selected in a Multiple Designer Contest
- For single designer projects, the design has been approved by the Client.
The Designer acknowledges it will not receive any payment for any submitted work that is not approved/ chosen by the Client.
Client acknowledges that it will only post Brief/s in good faith, with the honest intention to buy a designer's work. Client acknowledges it will not use SP Design House to only get ideas from designers with no intention to buy any work.
Designer-members of SP House Design accept and give permission for clients to:
- reproduce and display the submissions to third parties as part of the selection and approval process
-make copies of initially-selected designs and show these to other people during the selection and approval process
- on-sell winning/ approved work to third parties, or use winning work on another media produced by Client and sold on to third parties,
and that this may be done without an acknowledgment that the work was created by the Designer.
• takes responsibility for the consent of all persons/ groups engaged by the Designer in the production of the design/ work, and that they will also respect the rights of the Client to use the design as stated above, without infringement of any moral rights in the production and service.
• waives, and must ensure that all engaged persons/ groups waive any moral rights they may have in the design/ work;
• consents that the Client exercises all rights as afforded under this Agreement
The Client takes responsibility that using, reproducing the work purchased will not infringe on the Designer's moral rights. The Client will also not exploit the work (or any part of the work).
6.Contract between Designer and Client
The Designer-member and client commit to a working contract with each other, agreeing that the output of the collaboration is original, and that copyright of the final design is granted to the Client.
SP Design House is an outside party between the Designer and Client contract. SP Design is not liable in case Designer or Client breach the contract or fail to perform according to contract.
SP House Design has no control over, and is not responsible for, the acts of omissions of Designers, Clients and other third parties in connection with the SP House Design service or website. 7.No Contact and Non-disclosure
The Designer will not contact the Client for a period of 90 days after the end of each applicable project. If invited to do so, the Designer will only contact the Client through the SP House Design website.
The Designer will respect the privacy of all Clients. The Designer agrees not to disclose the details of any Brief or any Client and all matters related to the development of a project. These will not be disclosed to any third party, including co-Designers and other Clients that are members of SP House Design.
Clients and Designers must not use or attempt to use any third party's personal and confidential information without the express consent from the the third party involved.
8.Fees and Refund Policy
To start a project, Client agrees to:
• Read these terms and conditions in full.
• Pay SP Design House the project posting fee.
• Pay the amount required for the applicable project budget, according to the price Plans of SP Design House.
• Client acknowledges that payment is not for the SP Design House, but for the Designer that created the winning design.
See the contest rules for refund policy.
In case of refund, Client will have no rights or interest (express or implied) in any of the submissions given by Designers for the said project.
9.Project Designs and its Intellectual Property Rights
Designer-members agree that the intellectual property rights of all designs submitted will follow the terms and conditions set by SP Design House, as well as the contract between the designer-member and the client, depending on the stage of product design.
When the designer-member joins a project contest and submits design entries for a project brief, the designer:
- allows SP Design House to make copies, make changes and post the submissions in any kind of venue, online or offline, for any purpose in connection to, and deemed appropriate by, SP Design House.
- allows clients to make copies and show initially-selected designs to third parties to facilitate the initial selection of designs. Designers agree to the same if their designs are picked for initial selection, and move on to the next process for the final selection of the winning design.
Clients understand and allow SP Design House to make copies, changes and post project briefs in any kind of online and offline venue, for any purpose in connection to, and deemed appropriate by, SP Design House (with due consideration to client's privacy).
Both the designer member and client will arrange for the consent needed from third parties as needed, to respect the licenses and permissions specified here.
All designer-members and clients are responsible for monitoring the intellectual property rights of their own work and purchased work. Inform SP Design House immediately for any infringement, or threat of infringement, of the intellectual property rights of the works coursed through or purchased from us. Designers and clients who ask assistance from SP Design House in this matter should provide SP Design House all information and other matters needed, at the complainant's own cost.
Clients who purchase winning designs grant SP Design House all rights to copy, make minor changes to, and display winning designs for promotional and marketing purposes, in all online and offline venues determined appropriate by SP Design House, taking into consideration the privacy policies set here. 10.Use of the SP Design House website is subject to the terms and conditions stated above.
Definitions and Interpretation
Brief: A document that describes the requirements of the design project.
Client: Person or entity that registers with SP Design House as Client upon registration.
Designer: Person or entity that register with our website as Designer upon registration.
Requirements: Detailed descriptions of a Client’s project requirements as contained in the Brief, including, without limitation: [samples illustrating requirements, relevant deadlines and the Project Budget
Revision(s): Minor changes to the project submissions including, without limitation, changes in colour, text, content, size, layout and/or small and immaterial modifications to the concept of the work(s)
SP Design House services: are services provided by us as detailed in no. 2.
Submission: the design entry given through the SP Design House in response to a Brief, which may include work(s) and/or quote(s).
Upgrade Fees: additional fees for the Client to access additional features specified in the Payment Plan Winning work/design: the design/ work selected by Client as the successful work from among all submissions in response to a Brief for a Multiple Designer Contest.
Work(s): designs, artwork, photographs, text, copy and other works created by a Designer and submitted to the SP Design House website (in response to a Brief or otherwise).