Terms and Conditions

These Terms & Conditions (“Agreement”) govern the relationship between Ixora Design Studio (“Ixora,” “we,” “us,” or “our”) and the client (“you,” “your”) for all design, branding, and related services. By engaging Ixora Design Studio, you agree to the following terms.

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1. Scope of Services

Ixora Design Studio provides branding, graphic design, website design, and related creative services as outlined in the agreed proposal or contract. Services outside the agreed scope will require a separate quote or be charged at an hourly rate of $85 per hour.

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2. Payment Terms & Late Fees

2.1. Deposit & Payment Schedule

1. A 50% non-refundable deposit is required before the project begins.
2. The remaining 50% is due upon project completion and before final files are handed over.
3. For retainers or ongoing services, invoices are issued at the beginning of each month and are due within 7 days unless otherwise agreed.

2.2. Late Payment & Fees

1. Invoices that remain unpaid after the due date will incur a 4% non-compounding late fee, applied the day after the due date and every month thereafter until full payment is received.
2. Work may be paused or withheld if payment is overdue.

3. Revisions & Change Requests

1. All projects include two (2) rounds of revisions unless otherwise stated in the project agreement.
2. Additional revisions or requests beyond the agreed scope will be charged at $85 per hour or will require a separate quote.
3. Significant changes that alter the original project scope may result in a new timeline and cost adjustment.

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4. Project Holds, Cancellations & Reactivation

4.1. Project Holds

1. If the client fails to provide necessary materials or respond to communication for 15 days, the project will be placed on hold.
2. Ixora retains the right to adjust this policy based on project requirements.

4.2. Project Cancellations & Termination

1. If a project remains on hold for 60 days, Ixora reserves the right to terminate the project.
2. If the client cancels the project mid-way, the initial 50% deposit is non-refundable.

4.3. Project Reactivation

If the client wishes to resume a project after 60 days, a reactivation fee of 20% of the initial project quote may be required, or a new quote may be issued, subject to Ixora’s availability.

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5. Intellectual Property & Portfolio Rights

5.1. Client Usage Rights

1. Upon full payment, the client receives exclusive usage rights for the final design work.
2. This excludes working files, sketches, and concepts, which remain the property of Ixora unless otherwise agreed.

5.2. Ixora’s Portfolio Rights

1. Ixora retains the right to showcase all completed work in portfolios, case studies, marketing materials, and social media unless otherwise agreed in writing.
2. If the client requires NDA protection, an additional fee may apply.

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6. Confidentiality & Data Protection

1. Ixora Design Studio agrees to keep all client information, project details, and data confidential.
2. No client data will be shared except as required by law or legal obligations.
3. Client materials and information provided during the project will be securely stored and not disclosed to third parties without written consent.

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7. Limitation of Liability

To the fullest extent permitted by law, Ixora Design Studio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

1. Loss of profits, revenue, or business opportunities.
2. Errors or omissions in any content provided by the client.
3. Unauthorized access to client data or files.
4. The use or inability to use the design services provided.
5. Any technical issues beyond Ixora’s control, including server failures, hacking, or third-party software malfunctions.

Ixora’s total liability shall not exceed the total amount paid by the client for the specific project giving rise to the claim.

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8. Dispute Resolution & Legal Jurisdiction

1. In the event of a dispute, both parties agree to attempt mediation before pursuing legal action.
2. If mediation fails, legal proceedings will be conducted under the jurisdiction of New Zealand.

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9. Force Majeure

Ixora shall not be liable for any delays or failure in performance due to circumstances beyond our control, including but not limited to natural disasters, strikes, pandemics, power failures, or government restrictions.

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10. Agreement Acknowledgment

By engaging Ixora Design Studio, you acknowledge and agree to these terms and conditions. These terms may be updated periodically, and continued use of our services constitutes agreement to the latest version.