Limited Terms of Service
The following are Eqco’s standard terms of service. We request you read through these carefully, and if you see anything as a potential issue, let us know before we begin work and we can discuss any alterations that might be needed for your particular project.
These Terms & Conditions apply in addition to any signed contract or agreement and form part of the overall engagement. It is the client’s responsibility to review and understand these publicly available terms, which are considered an addendum to any formal contract. By proceeding with any work, the client acknowledges and accepts these Terms & Conditions as binding.
Payment
Deposits, final payments and delivery
Eqco Creative Co., Ltd. reserves the right to request a deposit of up to 50% of the project fee prior to commencing work. Deposits are non-refundable and by remitting deposit funds you are accepting these Terms of Service and entering into a binding contract with Eqco Creative Co., Ltd.
The balance of the project fee, along with any associated services, will be invoiced prior to the release of final design files, exports, or deliverables. No rights of use or ownership in any designs, concepts, or works shall transfer to the Client until payment has been received in full.
We reserve the right to issue an invoice for any completed work if the Client has been uncontactable or unresponsive for more than 30 days, regardless of whether the project has reached completion.
The Client may request a payment plan, which may be accepted at Eqco Creative Co., Ltd.’s discretion. All payment plans must be agreed in writing. If the Client defaults on any scheduled payment, the full remaining balance becomes immediately due.
All invoices are payable within 7 days of issue. Late payments may incur interest at the rate of 1.5% per month (or the maximum permitted by law, if lower), accruing daily until full payment is received.
Eqco Creative Co., Ltd. reserves the right to suspend or withhold all ongoing work and delivery until outstanding invoices are settled, and to recover all fees and expenses (including legal and collection costs) incurred in pursuing overdue accounts.
The scope of work and deliverables shall be defined in the associated proposal or agreement document. Any additional work requested beyond the agreed scope will be treated as a change request and quoted separately..
Typefaces
Licensing of any used fonts or typefaces
All fonts and typefaces used in any final design or supporting brand identity assets are subject to commercial licensing laws. A licence grants usage rights only to the party who purchases it.
In our presentation of concepts, we will identify the fonts used and provide information on where licences can be obtained. However, it is the sole responsibility of the client to confirm which fonts are used in any approved design and to acquire the necessary licences (free or paid).
Eqco Creative Co., Ltd. cannot supply or transfer any font files, as this would violate licensing terms. If a client wishes to use the same fonts in their own materials, they must purchase and register the appropriate licences in their own name.
In most cases, fonts used within logos will not require a licence by the client, as the characters are converted to vector artwork and cannot be edited. However, if the client wishes to use the same fonts in editable applications (such as websites, marketing materials, or print layouts), their own licence will be required.
Liability
It is the client’s responsibility to ask about fonts used in their project and to purchase all necessary licences without prompt from Eqco Creative. We accept no liability for any legal issues, disputes, or claims that may arise from the client’s use of unlicensed fonts.
Brand-Specific Fonts
Where client brand guidelines specify the use of particular fonts or typefaces, it is the client’s responsibility to provide these licensed font files to Eqco Creative for use in their project. Our service fees do not include the purchase of such fonts. Should a client request us to acquire these fonts on their behalf, the full cost will be charged in addition to our design fees.
Restrictions
Restrictions to the signing of this agreement
These Terms of Service do not give you the rights or permission to use/modify/alter/replicate or borrow any of the previous ideas/concepts/sketches that I present. All original preparation materials, sketches, visuals and unused ideas shown and considered will remain the property of Eqco Creative Co., Ltd.
We aare free to use these unused and previous ideas for future conceptual and client work. Where a previously unused idea/design retains a similar look and style to the finished logo, we shall repurpose and style so that the end design is sufficiently different as to not cause conflict.
Unless otherwise agreed and arranged, we reserve the right to showcase the finished logo and associated designs in our portfolio and in any number of online galleries/portfolio/showcases/awards as well as in printed literature including books and magazines, now and in the future. Associated designs and artwork can include commercial print design/business card/stationery design/signage/desktop icons/mobile phone and other portable device application icons and imagery.
ANY supporting artwork and designs required by this project can be used as indicated for personal and professional reasons.
You are free to change, modify and adapt the finished logo design as you see fit, but you do so at your own risk.
Ownership & Copyright
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of Eqco Creative Co., Ltd. The final artwork/digital files will become your property ONLY upon final payment of the project.
If final payment is NOT received as agreed, all designs and concepts will remain the property of Eqco Creative Co., Ltd. until payment is received.
If there are issues with final payment, we reserve the right to reuse or amend any of these ideas for other clients, or to be used freely as concepts in our portfolio.
Should the client attempt to use/modify/alter/replicate or steal any of our ideas without making agreed final payment, we will take immediate legal counsel.
Eqco Creative Co., Ltd. reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This is typically, but not limited to the completion of the project. If you have any specific ‘secrecy/stealth mode’ or NDA requirements, please mention this before agreeing to the proposal.
Final payment ensures that ONLY the agreed logo design becomes your property. Any previous ideas/concepts remain ours, unless any prior agreement has been made.
Cancellation
Cancellation during the project
If you choose to cancel the project midway through, where ideas and proposals have been submitted, Eqco Creative Co., Ltd. reserves the right to charge for all time invested in the project up to the date of cancellation. Time will be calculated at the standard rate of 3,500 THB per hour, regardless of the original quoted fee or any agreed project estimate. Eqco Creative Co., Ltd. maintain internal time records, which shall be considered conclusive evidence of hours invested.
If no advance payment was made, the Client shall be invoiced in full for the hours recorded up to the date of cancellation.
If an advance payment was made, the total hours recorded will be calculated at the standard hourly rate. The advance payment will be applied against this total, and the Client shall be invoiced for any balance due.
Project Suspension
Eqco Creative Co., Ltd. reserves the right to suspend any project if there is persistent interference that prevents delivery in accordance with professional standards, including but not limited to unreasonable rejection of design concepts, refusal to provide timely approvals, or reluctance to make payments when due.
Fair notice will be given with reasonable opportunity to remedy the situation before suspension or termination is enacted. Any suspension or termination will not result in any refunds, and all designs and work thus developed remain the full ownership of Eqco Creative Co., Ltd.
Force Majeure
In the event Eqco Creative Co., Ltd. fail to perform any obligation pursuant to these Terms of Service due to an “act of God,” the death of any key Eqco staff member or subcontractor, an act of any government, terrorism, riot, war, accident, deficiency in materials or transportation, or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of these Terms of Service. In such circumstances, any delays or inability to deliver shall not give rise to any claims for damages, refunds, or further liability against Eqco Creative Co., Ltd., provided that you are notified of the existence and nature of the reason for our non-performance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.
Limitation of liability
Loss or damage
You agree that Eqco Creative Co., Ltd. is not legally responsible for any loss or damage arising from the use of our services, or from any documents, designs, websites, information, or deliverables we produce, amend, or supply, including third-party content, links, or advertisements. Use or reliance on any such materials is at your own risk, and Eqco Creative Co., Ltd. accepts no liability for outcomes resulting from that use.
Once any work has been reviewed and approved by you, it is considered final. Eqco Creative Co., Ltd. bears no responsibility for bugs, vulnerabilities, errors, or unexpected outcomes discovered after acceptance. Any resulting losses, costs, or damages are solely the responsibility of the client.
You acknowledge that the information and materials we provide may contain inaccuracies or omissions, and you expressly exclude Eqco Creative Co., Ltd. from any liability for such issues to the fullest extent permitted by law.
Eqco Creative Co., Ltd. affirms that all designs presented to you are created in good faith and to the best of our knowledge do not knowingly infringe upon the rights of others. We take reasonable steps to avoid unintentional resemblance, including limited checks using the WIPO database and reverse image search tools. However, we make no claims as to the absolute originality or legal uniqueness of any design work, and we do not guarantee that similarities with existing materials will not occur.
You agree to conduct any additional due diligence you deem necessary with regard to potential copyright, trademark, or intellectual property concerns. If you have specific requirements or concerns regarding originality or legal clearance, these must be raised prior to the commencement of work.
Trademark & Copyright
Due to the lengthy and often costly procedures required to initiate any form of Trademark, Copyright and legal name search, Eqco Creative Co., Ltd. are unable provide any practical help with this.
If you require the logo to be registered as a trademark, then you must seek your own legal advice.
Brand Naming
You take full responsibility for ensuring that your company/product/name is legally free/available before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible, neither is Eqco Creative Co., Ltd. legally responsible for any problems thus arising.
Please ensure the name you are using is free and legally safe to use before committing to a logo project. Project name changes during a project are exceptionally costly, challenging to implement, and cause significant delays.
If a change of name is required mid-way during a project, and significant logo exploration work has already been presented, then Eqco Creative Co., Ltd. will have no choice but to recalculate the total cost and timing of the project, to allow for the reworking involved. Please ensure that the name you are using has been subject to appropriate checks, is not in use by someone else, and/or infringes on any other registered trademark, business name etc.
Timelines
Eqco Creative Co., Ltd. will do everything possible to meet your timelines. However, changes to timelines after the agreed commencement of a project may not be honoured if deemed unachievable or unrealistic by Eqco Creative Co., Ltd. We take no responsibility for the failure to meet altered timelines once a project has commenced.
Eqco Creative Co., Ltd. will not be held responsible for failing to meet deadlines due to slow client response or feedback. A response is expected within 3 working days.
Revisions
Each deliverable includes up to 3 rounds of revisions. Additional revisions outside this scope will be billed at our standard hourly rate or subject to a new quote.
Corrections
Eqco Creative Co., Ltd. takes all reasonable care to ensure that all design work is delivered free from errors or omissions. Any design mistakes resulting from our own processes will be corrected promptly and without additional charge.
However, Eqco Creative Co., Ltd. is not responsible for errors in content, materials, or assets provided by the client. We do not verify the accuracy, legality, or suitability of any client-supplied content. Corrections required due to such client-supplied errors will be chargeable at our standard hourly rate, with a minimum billing of one hour.
Final approval of any work by the client constitutes acceptance, and at that point, Eqco Creative Co., Ltd. assumes no further liability for errors or omissions. Any additional changes, corrections, or remedial work requested after approval will be treated as new work and billed accordingly. We accept no responsibility for production, printing, or other third-party costs incurred due to errors discovered post-approval, nor for any consequential loss or damages.
Dispute Resolution/Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of Thailand. In the event of a dispute, both parties agree to first attempt to resolve the matter in good faith. If resolution cannot be reached, the matter shall be subject to the exclusive jurisdiction of the Bangkok Civil Court.
Any damages awarded shall not exceed the total value of the contract.
Working Practices
Eqco Creative Co., Ltd. reserves the right to engage subcontractors, freelancers, or third-party service providers as needed in the delivery of services. While we exercise reasonable care in selecting partners, we do not accept liability for delays, errors, omissions, or losses resulting from the actions, inactions, or failures of any third-party providers. This includes, but is not limited to, development errors, missed deadlines, technical faults, or the performance of platforms, plugins, APIs, or tools beyond our direct control.
Any costs, damages, or liabilities arising from third-party involvement remain the responsibility of the client, unless expressly agreed otherwise in writing. Clients are encouraged to notify us immediately of any performance issues suspected to be related to subcontracted work so we can assist in coordinating a resolution where possible.
NDA
We agree to keep all proprietary client information, materials, and project content confidential and not to disclose it to any third party without your permission, except as required for the provision of agreed services.