Terms of Use

Welcome to ProLV Design website. Since 2009 ProLV Design is a creative design studio with a wide range of design services and customized solutions for products, services, events or campaigns of any type for any industry.

This Terms of Use agreement is between ProLV Design (“we”, “us” or “our”) in connection with our services which are made available through our website (“www.prolv-design.com”) and You (the user as an individual or on behalf of a company or other legal entity that uses our website or services).

Please read the following Terms of Use carefully before using our website or apply for any services as by doing so you warrant that you have the right, authority, and capacity to enter into this agreement and constitutes your acceptance of it.

You must not access our website or apply for any services if you are not at least 18 years old or if you do not agree with all of the provisions of this agreement. You may use our website and request services only for lawful purposes and only while you are in compliance with all the terms, conditions and limitations described in this agreement. If you do not agree with the following policies and practices your only choice is to discontinue using our website and not apply for any service.

In addition to these Terms of Use, your use of our website and services is also governed by this Privacy Policy which is expressly incorporated into this agreement by this reference and you acknowledge that you have read, understood, and agree to be legally bound by this agreement.

We may review and update these Terms of Use from time to time as needed without notice. Therefore, you should review periodically the terms of this agreement published here to obtain timely notice of such changes.

Last Updated on 15 May 2023

Limited Right of Use,
All the information, typefaces, images, illustrations, graphics, brand names, logos or any other material (collectively, "Content") on this website is provided for your personal, informational use only, and are protected by copyright, trademark and other intellectual property laws (registered and unregistered). All rights reserved.

It is strictly prohibited to distribute, reuse, modify, reproduce, create derivate work from, claim, license, sublicense, republish, display, "frame", post or transmit in whole or in part any Content from our website for any public or commercial purposes in any form or by any means without our prior written permission.
You may share extra design concepts (from which you have to choose one) or any other materials from ongoing projects only to make aware to your partners or to others within your organization as long as you do not make them available to the public by any means.

Right of Refusal,
We reserve the right to refuse clients or submitted materials. We are under no obligation to use any content you may provide to us and at our sole discretion we may refuse to use in our projects any type of materials that we think it might be immoral, obscene, defamatory, threatening, offensive, scandalous or outside the law.
You agree that we shall have no liability of any kind to you or to any third party arising from such refusal.

To be more efficient and to help clients from any part of the world we operate exclusively online. We have been doing this successfully for more than a decade. Therefore, you agree that we will communicate with you exclusively online through the communication channel chosen by us (ex. E-mail). You can read more on our Contact Us page about the reasons why we chose to use only this type of communication.

Information & Content You Submit to Us
We respect the intellectual property rights of others.
We do not claim ownership of the materials you provide to be used in our designs (your project). The ownership of such materials will remain with you or with the rightful copyright or trademark owner.

You agree and take full responsibility that all the materials, information or ideas (collectively, "Content") you provide to us in connection with the service you requested, are proofed and approved to be legally used. You unconditionally represent and warrant that you have all the necessary rights and authority over the Content you send to us and that it will not infringe any third-party rights including any intellectual property or proprietary rights.

Unless otherwise specified, by submitting any Content to us you grant us an unrestricted permission to use, modify, reproduce, and display such materials, information, suggestions or ideas freely in the pursuit of the design.

You are prohibited to send us any Content that is false, immoral, obscene, defamatory, threatening, offensive, scandalous or that could violate the privacy of any third party or give rise to any liability under the law. Therefore, we do not take any responsibility and we are not liable if the Content you send to us infringe on any property rights of any party including patent, copyright, trademark, trade secret, right of publicity or other rights.

As we respect the intellectual property rights of others we do not claim ownership of the materials you provide to be used in our designs (your project). The ownership of such materials will remain with you or with the rightful copyright or trademark owner.

Project Ownership
We retain full ownership rights for any drawing, idea, material or design concept we create until full project cost has been paid. As soon as the final payment is made, all the required files including the source file of the chosen design concept are delivered to you together with complete ownership rights.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the commissioned work. Unless you request otherwise, so we can accordingly adjust the quoted amount, only the chosen version is deemed to be given by us as fulfilling the requested service. Not approved design proposals and concepts remain the property of ProLV Design. The fonts or stock content (images, icons, patterns, textures etc.) remain the property of their rightful owner or public domain.

For advertising and promoting purposes we reserve the right to showcase images of finished projects as sample work on our website (portfolio), social media or other websites.
You can request us not to display/publish at all certain project (“portfolio exclusion”), but an extra fee of 30% of the entire project will be applied as Portfolio is our “Business Card”. However, as we acknowledge the confidential nature of certain projects, on request at no extra cost, we can agree to only display project work once the product has been publicly launched but no later than 6 months from the project completion otherwise it should be opted for portfolio exclusion.

All quotations are priced in EURO and are valid for 30 days only.
For reasons of increased security and ease of administration we accept payments only through PayPal which is very simple to use and no account is needed.

Any design services require a non-refundable advance payment of 40% of the total project quotation before any work is carried out.
The remaining 60% of the total project quotation must be made at the end of the work after your final approval but before final source files are sent. Release of performed work will not take place before cleared funds have been received.

Quotations of similar projects are subject to change depending on the project brief and the complexity of each individual job.

The price agreed upon at the beginning of the project is the final price as we do not believe in hidden charges. However, there are cases where additional costs may occur and that can only happen if you later request portfolio exclusion, special fonts, stock photography or have additional requests over the initial estimated project briefing, but you will always be notified at the time of the request.

All the payments must be made promptly. On a completed project, after the final approval, if the final/remaining payment is not received in the next 30 days an additional late payment fee equivalent to 20% of the total project costs will be added plus 1% per day for the next 30 days (day 31 to 60) . If after this period the payment has not yet been made, we will consider the project abandoned and you will lose all the rights to the project held up to that point beside the non-refundable 40% up-front deposit. In the case of payment default for any reason without exception (abandoned, canceled or terminated project) we reserve the right to reuse or resell work undertaken.

NEW: We also accept payments in XRP (Ripple) cryptocurrency. Due to cryptocurrency volatility a 100% upfront payment is required. If you want to pay this way, please let us know.

Project Duration
Although we usually provide accurate time frame and we make every possible effort to fulfill it, your project may require more time due to unforeseeable, uncontrollable circumstances or extra revisions.

We cannot be held responsible or liable for any delays that may occur and for the impact on your business due to the delayed delivery of a project. However, we emphasize, under normal circumstances where everything goes according to the project brief, and there are no delays or slow communication from your side, we respect the deadline.

Revision cycles take 24 hours to complete. Normally much faster, usually a few hours, depending on the number and complexity of the requested change(s). You shall respond in 1-3 working days to each revision. The faster you respond the sooner the project is completed and the deadline is fulfilled.

You agree to reply no later than 3 days (preferably sooner) to each revision and also to provide us all the required information and materials as soon as is reasonably possible to be able to complete the project within the set deadline.

If a project in progress exceeds 4 calendar weeks in duration after the set deadline due to repeated late/slow/delayed communication from your side an extra fee of 5% of the project costs will be added for every additional week that will pass and just to be fair, if this happens from our side, the same thing will apply to us (-5% for every week). If after another 4 calendar weeks, in which additional fees were added, the project is not finished yet we will consider the project completed and the full payment must be made promptly including the extra 20% additional cost ("Payment" section above will apply).

Approval of Final Files,
While we do our best to avoid any errors, however, we cannot guarantee that all the delivered files will be 100% error free.
It is your sole responsibility to review all the files for any errors or omissions and notify us during the revision cycle in case of discovering such errors that have gone unnoticed.

We are not responsible or held liable for any losses or expenses incurred as a result of any error discovered after the final files have been approved by you.

Always print a single sample before you start mass printing and check again that everything is as it should be (preferably with at least another person/pair of eyes). This way, if it’s an error or omission, you can come back at any time, even after the final approval, for any necessary correction without having any additional expenses.

Cancellation of orders must be made as soon as possible. Even if cancelation is requested at an early stage the 40% upfront payment is non-refundable and represents a compensation to cover the research time spent, resources allocated and administration costs.

If the workload exceeded the value of the initial deposit (40%), and you requested cancellation of the order for the second time it means that something it’s not working and with this occasion any future collaboration will cease (no exceptions).

We reserve the right to terminate any design project prior to completion at any time and for any reason. In such case, if a project is cancelled by ProLV Design due to unforeseen circumstances the upfront payment will be refunded in full in a timely manner but no longer than 30 days.
You agree that, besides the fully refunded payment, ProLV Design shall have no liability of any kind to you or to any third party arising from such termination.

On an open unfinished project if we don’t receive your feedback for more than 30 days, regardless of the cause, we will consider it abandoned. After this period, for the next 30 days you ca reopen the project for an extra fee of 20% of the total project cost. After these 60 days if no feedback is received the project will be canceled/terminated over which you will no longer have any right or claim. If the workload exceeded the value of the initial deposit (40%) and this happened twice we will cease any future collaboration (no exceptions).

Refund Policy,
Digital goods are represented by the time invested, resources allocated, experience and idea(s) which by their nature cannot be returned. Therefore, due to the nature of our services, we do not offer refunds for the partially or completed work regardless of any reason and without exceptions. All payments are final and non refundable.

This should not happen because a favorable outcome is in the interest of both parties, you and us, as our goal is not just to complete the ongoing project but to be your first choice for all future ones.

To avoid unpleasant situations, although is certainly possible to proceed without any specific direction or references regarding your preferred style, colors etc. this is not recommended, and we encourage you to provide as much information as possible regarding your preferences/requirements so we can move in the right direction and follow the style that suits you best.

We know the trends and have trained eyes for beauty and usability, but we can't guess your preferences and specifics if you don't tell us about it. If for example we use a color, style, shape etc. which you don't like or have an indication not to use we have no way of knowing this unless you tell us in the initial project brief. Before you make a decision please visit our Portfolio page to see some of our completed projects that reflect the quality and creativity we provide.

As long as you are on board and provide meaningful, constructive and accurate feedback everything will be exactly as you want and you will be fully satisfied. If there is anything on your mind don’t hesitate to share it with us by any means such as written instructions, images, drawings/sketches, screenshots, links with what you like or any other method that will convey your ideas or preferences. Communication is vital and the key to a favorable outcome.

Before you make a decision please visit our Portfolio page to see some of our completed projects that reflect the quality and creativity we provide. Your project could be even better.

Any Promotions made available through the Social Media may be governed by rules that are separate from these Terms of Use. If You participate in any Promotions please review the applicable rules attached to it. If the rules for a Promotion conflict with these Terms the Promotion rules will apply.

Disclaimer of Warranties and Limitation of Liability
We strive to ensure the accuracy and reliability of the information contained on our website but we make no representations or warranties of any kind that information and Content displayed on our website is accurate, useful, current or even error-free. It is your responsibility to verify the accuracy of the information found on our website before making any decision based on it. References and links to third-party websites which can be found in our website are provided without warranty of any kind as those are totally outside of our control and are governed by their own agreements.

Graphic design is highly subjective in its nature and even if we provide in good faith our professional services and recommendations, however, we cannot be held liable for any damages or consequences resulting from the use of our services, such as loss of income/profit, loss of contracts, business interruption, loss of privacy or pure economic loss to you due to the variation between expectation and outcome. Therefore, the services to be purchased under this Agreement are provided "AS IS" and “AS AVAILABLE” with all faults, defects and without warranties of any kind, express or implied, including any warranties of merchantability or fitness for any particular purpose.
Under no circumstances we shall be liable to you or any third party for any loss, damage or any indirect, consequential, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, our website or services.
Therefore, we make no representation of any kind that our services will meet your requirements, achieve any intended results, meet any performance or reliability standards or be error free.

If you have any questions, suggestions, concerns or complains regarding this Agreement, please contact us via our Contact Us page.

That’s it! Now that everything is clear, and you are up to date with all the important details, Get in Touch and let's start making something beautiful.