Terms and Conditions

Last updated: 23-12-2024

This Terms of Use Agreement (the “Agreement”) is a legally binding contract between Hamza Peps (Hamza Bounkoub), hereinafter referred to as "Hamza Peps (Hamza Bounkoub)" or "We," and the client ("Client"). By engaging with our services, whether through direct interaction, email, phone, or any other form of communication, Client acknowledges and agrees to be bound by the terms and conditions set forth below. This Agreement outlines the rights, responsibilities, and obligations of both parties involved and governs the use of services provided by Hamza Peps (Hamza Bounkoub), including but not limited to design, branding, content creation, and other related services. The Client’s continued use of our services constitutes their acceptance of these terms, and any violation of the terms may result in the termination of services at our discretion. It is important that the Client fully reads and understands the terms of this Agreement before engaging with our services. If there are any questions or concerns, the Client is encouraged to reach out to us for clarification prior to entering into this Agreement.

1. Services Provided

Hamza Peps (Hamza Bounkoub) offers a variety of creative services, including but not limited to:

• Logo Creation
• Social Media Visuals
• Brand Guidelines Book
• Restaurant Menu Design
• Motion Design & Explainer Videos
• Video Editing
• Project Naming
• Custom Branding Solutions
• Motion Graphic Explainer Videos
• Video Resizing for Social Media
• GIF Animations

The specific scope, deliverables, timeline, and pricing for these services will be customized based on project complexity and requirements. Additionally, I am open to offering any other services related to my field of expertise. Details will be outlined in the project proposal or as agreed upon during the consultation process.

2. Intellectual Property Rights

Ownership of Deliverables: Upon the Client’s full payment for the services rendered, the Client will hold ownership of all final design work, including logos, animations, and other deliverables. However, Hamza Peps (Hamza Bounkoub) retains the right to include the Client's work in portfolios, promotional material, or on social media unless otherwise specified by the Client.

Work for Hire: The deliverables are considered “work for hire” under the copyright law, but Hamza Peps (Hamza Bounkoub) retains ownership of the source files (such as PSD, AI, or other proprietary file formats), unless specifically agreed otherwise. If the Client requests ownership of source files, an additional fee may apply.

License for Use: If Hamza Peps (Hamza Bounkoub) uses third-party content (such as stock images, fonts, or videos), the Client is granted a license to use these materials for the project’s purpose, subject to any third-party licensing restrictions. The Client will be informed of any licensing needs for third-party content, and it is the Client’s responsibility to procure any necessary licenses if required.

3. Ownership of Submissions

Any materials provided by the Client, such as images, content, or other intellectual property for inclusion in the project, remain the Client’s property. The Client affirms that they hold the necessary rights and permissions for all materials they provide to Hamza Peps (Hamza Bounkoub) and that these materials do not infringe on any intellectual property or privacy rights.

Additionally, Hamza Peps (Hamza Bounkoub) may incorporate licensed assets from platforms such as Shutterstock, Freepik, and Envato into the project. These assets are used in compliance with their respective licensing agreements and are included in the final deliverables for the Client’s intended use. Any further licensing required for extended usage outside the agreed-upon scope must be arranged and covered by the Client.

4. Feedback and Revisions

Revisions: Unlimited revisions are offered until you approve the final design.

Revisions Within Scope: Feedback and revisions are allowed as per the agreement’s scope. Additional revisions or changes outside the original scope may incur additional charges.

Final Approval: The final deliverables will be deemed approved upon the Client’s sign-off via email or written confirmation. Once approved, no further revisions will be accepted unless there are technical issues with the file or an error that can be attributed to Hamza Peps (Hamza Bounkoub).

5. Payment Terms

Step 1: Initial Deposit (25%): To begin your project, a non-refundable 25% deposit is required. This deposit secures your spot and covers initial preparation work.

• Book your free 15-minute consultation.
• Share your project brief.
• Pay the 25% deposit to confirm your interest.

This deposit will be credited towards the final project cost. Please note: the deposit is non-refundable, as it ensures commitment and covers preliminary efforts.

Step 2: Upfront Payment (50% of Total Price): After confirming your project brief and before work begins, an upfront payment of 50% of the total agreed price is required. This ensures resource allocation and a smooth workflow.
The 25% deposit is deducted from this 50%, and the balance will be adjusted accordingly.

Refund Policy: Refundable only if no work has commenced or if delays are caused solely by Hamza Peps (Hamza Bounkoub). Once the first draft is created, this payment becomes non-refundable.

Step 3: Final Payment (Remaining 50%): Upon completion of the final deliverables, the remaining 50% must be paid immediately after the client reviews and approves the work.
The final payment must be made in full before the deliverables are handed over. This payment confirms your satisfaction and final acceptance of the project.

Once approved, the project is considered complete, and no further revisions will be included without additional charges.

Refunds: - The 25% deposit is non-refundable under all circumstances.
- The 50% upfront payment is refundable only if no work has commenced or if delays are entirely attributable to our team. Once the first draft is sent, this payment becomes non-refundable.
- All other payments, including the final payment, are non-refundable after client approval of the deliverables.

Changes After Final Approval: Any changes requested after final approval will be treated as a new task and may incur additional charges. A quote will be provided for post-approval modifications before any work begins.

Payment Methods: Payments can be made via bank transfer, PayPal, or any mutually agreed-upon method. The client is responsible for any transaction fees, including currency exchange or processing charges.

Late Payments: Payments overdue by more than 10 days may incur a 15% late fee per month on the outstanding balance, or the maximum allowed by law. This ensures timelines are respected and professionalism is maintained.

Client Confirmation: Final payment is due only after the client has reviewed and confirmed the deliverables in writing (email or signed document). This confirmation acknowledges project completion and fulfillment of all terms.

Accountability: By agreeing to these terms, the client commits to timely payments and cooperation to ensure project success. Hamza Peps (Hamza Bounkoub) reserves the right to pause or halt work if payment terms are violated or deadlines are not met.

Project Termination: Hamza Peps (Hamza Bounkoub) reserves the right to terminate the project if the client fails to adhere to the agreed payment terms or other essential conditions. In such cases, any work completed up to the termination point will remain the property of Hamza Peps until full payment is received.

6. Confidentiality

Hamza Peps (Hamza Bounkoub) agrees to keep confidential any proprietary or sensitive information provided by the Client for the purposes of the project. However, unless an NDA (Non-Disclosure Agreement) is signed, the Client acknowledges that Hamza Peps (Hamza Bounkoub) may display the work in portfolios, on social media, or other promotional platforms.

7. Cancellation and Refunds

Cancellation by Client: If the Client chooses to cancel the project before its completion, a cancellation fee will be charged based on the amount of work completed up to that point. This fee will be deducted from the initial deposit or any other payments already made.

Refunds: Refunds are not guaranteed and will be handled on a case-by-case basis. If the Client is unsatisfied with the final deliverable, they must provide detailed reasons for dissatisfaction, and a revision process will be initiated.

Work Completed: No refunds will be issued for services already rendered or for materials that have been delivered and used.

8. Third-Party Materials

If the project incorporates third-party materials (such as stock images, music, or proprietary fonts), the Client is responsible for obtaining the necessary commercial licenses for such materials unless otherwise specified by Hamza Peps (Hamza Bounkoub). Hamza Peps (Hamza Bounkoub) will not be liable for any failure to procure such licenses.

9. Force Majeure

Hamza Peps (Hamza Bounkoub) will not be held liable for any delays in performance or failure to perform its obligations under this Agreement if such delays or failures result from events outside of our reasonable control, including, but not limited to, acts of God, war, terrorism, pandemics, natural disasters, or technical failures.

10. Liability and Indemnification

Limitation of Liability: Hamza Peps (Hamza Bounkoub) shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of the use or inability to use the deliverables. The Client agrees to hold Hamza Peps (Hamza Bounkoub) harmless from any claims arising from the Client's use of the deliverables, including any intellectual property violations.

Indemnification: The Client agrees to indemnify and hold Hamza Peps (Hamza Bounkoub) harmless from any claims, losses, or damages (including legal fees) arising out of the Client’s misuse of the delivered work or failure to obtain necessary third-party licenses.

11. Privacy and Data Protection

Data Collection: Hamza Peps (Hamza Bounkoub) collects minimal personal information, such as name, email, and possibly phone number, solely for communication and project management purposes. Payment processing and task management are handled via third-party platforms, including PayPal, Trello, and Calendly, which have their own privacy policies. Hamza Peps (Hamza Bounkoub) does not collect or store sensitive payment details directly.

Limited Data Handling: Since Hamza Peps (Hamza Bounkoub)’s website functions as a landing page and does not process data directly, no additional personal data is stored or accessible beyond what is provided for communication and task coordination.

12. Dispute Resolution

Mediation/Arbitration: In the event of a dispute, both parties agree to first attempt to resolve the issue through informal negotiation. If the dispute cannot be resolved, the parties agree to resolve the matter via mediation or binding arbitration.

Jurisdiction: These Terms & Conditions shall be governed by and construed in accordance with the laws of Morocco. Any legal proceedings will take place in the courts of Tangier, Morocco, where Hamza Peps (Hamza Bounkoub) is registered.

13. Amendments

Hamza Peps (Hamza Bounkoub) reserves the right to amend these Terms and Conditions at any time. The Client will be notified of changes via email or other appropriate communication channels. Continued use of the services after such changes constitutes acceptance of the updated terms.

14. Non-Transferability

The Client may not assign or transfer any rights or obligations under this Agreement without prior written consent from Hamza Peps (Hamza Bounkoub). This Agreement is binding on the Client and their legal successors or representatives.

15. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

16. Project Preferences

Workplace, Schedule, and Travel

All services are rendered remotely unless otherwise agreed. If travel, on-site presence, or physical meetings are requested by the Client, all related travel expenses and accommodations will be invoiced separately and are not included in the base project cost. Such requests require written approval in advance.

Service Scope Confirmation

All services, deliverables, and payment terms are governed by the invoice or written proposal approved by the Client. No additional work will be executed beyond what is explicitly stated in these documents unless a separate written agreement is established and accepted by both parties.

Contractual Priority

These Terms & Conditions outline general working conditions. However, in the event of a signed project contract between the Client and Hamza Peps (Hamza Bounkoub), the terms of that signed agreement shall prevail in case of conflict or contradiction.

17. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Hamza Peps (Hamza Bounkoub). Failure of Hamza Peps (Hamza Bounkoub) to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the Client and Hamza Peps (Hamza Bounkoub).

18. Contact Information

For any questions regarding these Terms & Conditions, please contact Hamza Peps (Hamza Bounkoub) at hello@hamzapeps.com.