These Terms and Conditions (“Terms of Service'' or “Terms”) constitute a legally binding agreement by and between Oak House Design di Xavier Carvalho Camila, d/b/a Oak House Design ("OHD", "We", "Us", or "Our") and the Client ("Client", "You", or "Your") with regard to access and use of OHD’s Website and use of the Subscription, Services, and Add-on. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and OHD shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay OHD for services rendered shall remain and continue to be an ongoing obligation owed by Client to OHD.

In these Terms, the following terms have the following meanings:
Terms - this agreement between OHD and the Client for the Subscription, Add-on, Services, and Additional Services in accordance with these Terms and Conditions;
OHD - Oak House Design, Ditta Individuale acting under the laws of Italy, P.IVA number: 05327030754; 
Client - the client, whether personally or on behalf of an entity, with regard to access and use of OHD’s Website; 
Website - https://www.oakhouse.design/ and any other media form, platform, channel, mobile website or mobile application related, linked or otherwise connected thereto; 
Subscription - any of the monthly subscription plans offered by OHD on the Website, including add-ons;
Add-On - optional add-on services that the Client can add to an active Subscription;
Services - services described in detail on the Website, including, but not limited to, the services listed in the Full List of Services section; 
Additional Services - services that are not included in the standard OHD Subscription. These additional services must be agreed upon in writing, ordered by the Client additionally or separately, and clearly specified in the invoice issued by OHD;
Request - any communication from the Client to OHD, including but not limited to requests for Services, review request, questions, comments, suggestions, feedback, and any accompanying materials;
Deliverables - all designs, working files, final files, and original source files created by OHD on Client's behalf in response to the Client's Request; 
Revisions - modifications made by OHD to a previously delivered Deliverable in response to a new Client Request that seeks a change, correction, or adjustment. Revisions are only permissible during an active Subscription period;
Third-Party Media - any visual, audio, or other creative content incorporated into a Deliverable that is not owned or created by OHD and requires a separate license for legal use by the Client. This includes, but is not limited to, imagery, 3D models, texture libraries, symbol libraries, fonts, stock music & sound effects, video footage, software plugins.

3.1. Subscription Options - subscriptions options detailed on the Website, each includes different Services and Deliverables. 
3.2. Subscription Fees - subscription fees are due in advance and are non-refundable. Once a Subscription is purchased, no refunds will be issued for unused design hours or revisions.
3.3. Subscription Starting Date - your subscription commences on the date of purchase. The subscription will continue in effect until the Client pauses or cancels it.
3.4. Renewal - the Subscription will automatically renew on a monthly basis unless you pause or cancel it. The Add-on does not renew automatically.
3.5. Individual Delivery -  Our services are delivered on a per-request basis. This means each task and Deliverable is completed sequentially, requiring a new Request from you before we begin the next one. 
3.6. Turnaround Time -  For most Requests, you can expect your Deliverable within 3 business days. However, complex Requests, also known as "Big Requests", may require additional time for agreement between OHD and you. In such cases, we will work with you to establish a mutually agreeable time frame.
3.7. Revisions - All Subscriptions have unlimited revisions.
3.8. Deliverables - Deliverables will be provided in a format compatible with the Client's needs and will be accessible through the Website via Trello or through an external downloadable link.

4.1. Design Hours - our design hours are during business days only, which are Monday to Friday, excluding local public holidays. Working hours are from 9:00 am to 5:00 pm GMT+1. OHD shall notify the Client about local public holidays and/or vacation time in a timely manner.
4.2. Third-Party Engagement - OHD shall be entitled to engage the third parties to provide the Services to the Client.
4.3. Client’s Project Timeline - our ability to deliver timely results is contingent upon factors such as overall project size and complexity. OHD will strive to accommodate the Client's priorities and timelines.
4.4. Storage of Deliverables and Requests - Deliverables and results of rendered Services will be stored and accessible through Trello, or links found within Trello platform. The Client will have one month from the date of OHD’s completion to download and retain all desired materials. After one month, OHD reserves the right to delete any remaining materials from Trello. OHD will notify the Client five days in advance of deleting the materials to ensure ample time for retrieval.
4.5. Client Review and Approval Process - OHD strives to deliver error-free work, but due to the inherent nature of creative design, absolute perfection cannot be guaranteed. Upon receiving any files from our rendered Service or Deliverables, the Client agrees to thoroughly review and check work for any inconsistencies, errors, or omissions. If any changes or corrections are necessary, the Client shall create a new Request for a revision. While Client's Subscription is paused or once it has been canceled, OHD is not obligated to make corrections or Revisions for any previously Service or Deliverables.
4.6. Agreement on Deadlines - OHD and the Client, must mutually agree upon deadlines for all Deliverables associated with Big Requests.
4.7. Extended Deadlines and Service Period - Deadlines exceeding one month or falling outside the current Subscription period will require extending the service period to the next month. If OHD is unable to complete a Deliverable or Service promptly due to Client-related reasons (including but not limited to incomplete or inaccurate specifications, frequent revision or changes, delayed approval or feedback, unclear communication, unavailability of Client representatives, change in the scope of work, or external factors beyond Client control), the service period will be extended to the next month, and the Client will be charged the applicable Subscription fee to continue receiving the rendered Services and Deliverables. In any case of service period extension, the Client will be charged the applicable Subscription fee to continue receiving the rendered services.
4.8. Client Access and Activation - Clients gain access to the Website and the ability to create Requests upon completing full payment of the chosen Subscription fee through the Website's secure payment platform. Following successful payment, Clients will receive full access to Trello within 24 hours. If payment is made on a Friday, holiday eve, or during an OHD office-wide vacation, access to Trello will be granted within 72 hours.
4.9. Automatic Renewal - By making the initial Subscription payment, the Client agrees to a monthly subscription. This means that the Client's card will be charged the specified Subscription fee, as outlined on the Website, every month. The Client can pause or cancel the subscription anytime at the payment platform.

5.1. Communication Channel - We prioritize communication through Trello and Loom for efficient collaboration and project management. These platforms allow for clear documentation, file sharing, and real-time feedback. If using Trello and Loom is not possible for the Client, both parties will mutually agree on alternative communication channels. 
5.2. Request and Deliverable File Location - We primarily use Trello for both receiving Requests from Clients and delivering Deliverables. For Deliverable files exceeding Trello's upload size limitations, OHD will provide secure external download links for Clients to access their Deliverables. These links will be shared directly within the relevant Trello card for easy reference. 
5.3. Detailed Feedback and Discussions - OHD and the Client primarily utilize Loom (or a similar screencast platform) for providing detailed feedback, requesting reviews, and sharing visually complex information. This method is preferred over phone or video calls to ensure clear understanding, maintain a record of discussions, and facilitate collaboration. Failure to adhere to this preferred communication method may result in delays in the delivery of rendered Services. In exceptional cases where a phone or video call is deemed absolutely necessary, a 30-minute call must be scheduled at least three (3) working days in advance to accommodate OHD's and Client's schedules. 

6.1. High-Quality Services - We strive to exceed your expectations by delivering high-quality Services that meet industry standards, address your specific needs, and are delivered in a timely manner. We leverage our expertise and work in good faith to ensure your satisfaction. We are dedicated to continuously improving our processes and practices to deliver even better results in the future.
6.2. Collaborate with Client - OHD shall maintain open and transparent communication with the Client, actively solicit feedback, and work collaboratively to ensure that the Deliverables align with the Client's expectations and objectives.
6.3. Terminate Agreement by OHD - We reserve the right to unilaterally terminate the Agreement by providing written notice to the Client at least five (5) business days before the intended termination date. In such cases, OHD will reimburse the Client for the unused portion of the prepaid Subscription.

7.1. Client-Provided Materials - The Client is responsible for providing all project-specific materials and assets necessary for completing Deliverables and executing Services. The Client must also specify the preferred format for submitting materials (e.g., file types, naming conventions, canvas size, color palette, lineweight & style, etc). In the absence of clear specifications, OHD will exercise its professional judgment to complete the Deliverables. However, this may not fully align with the Client's vision, and the desired quality of the Services may be impacted. We reserve the right to request clarification or additional information regarding your Request, potentially delaying the delivery time.
7.2. Provide Timely Feedback - Client shall provide constructive feedback on all design work submitted for review. Feedback shall be comprehensive, specific, and actionable to facilitate efficient project progress. While written feedback is always welcome, we encourage the Client to consider using Loom to record your screen and audio alongside your feedback.
7.3. Adhere to Payment Deadlines - The Client shall adhere to all agreed-upon payment deadlines and ensure timely payment of invoices.
7.4. Terminate Agreement by Client - Client may unilaterally terminate the Agreement by providing written notice to OHD at least five (5) business days before the intended termination date. In the event of a unilateral termination by the Client after the commencement of service delivery by OHD, the Client will be charged for the services rendered up to the termination date on a prorated basis. Additionally, a termination fee of 25% of the remaining prepaid amount will be applied. Termination only applies to future services and does not entitle you to a refund for any services already provided. We encourage the Client to discuss any concerns with OHD before terminating the Agreement. 
7.5. Acquisition of Licenses for Third-Party Media - In the event that any Deliverable incorporates media that are not owned by OHD and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the work, OHD will inform Client in writing that one or more Third-Party Media have been incorporated into the Deliverable and that Client will need to purchase one or more licenses for the Third-Party Media from the rights-holder(s) of said Third-Party Media in order to legally reproduce, distribute, or publicly display the work. Said notice will include information sufficient for the Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as OHD has informed Client of the incorporation of Third-Party Media as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Media incorporated into a Deliverable.

8.1. Ownership of Deliverables - All Deliverables and their source files belong to the Client, and the Client retains sole copyright ownership. Even if any legal situation would accidentally make OHD the owner of a Deliverable, OHD hereby assigns its entire interest in the Deliverable to the Client irrevocably and perpetually. However, the Client warrants that any materials provided to OHD for inclusion in the design process are their own property and do not infringe on any third-party rights, including intellectual property and publicity rights.
8.2. Ownership of Requests - The Client acknowledges and agrees that all Requests submitted to OHD become the sole property of OHD unless explicitly communicated otherwise in writing and agreed by both parties. This includes no obligation on OHD's part to maintain confidentiality or take specific steps to ensure it. OHD is the sole and exclusive owner of all rights related to the Requests, except for any rights explicitly granted to the Client in Article 8.1 (if applicable). This allows OHD to use and disseminate Requests for any lawful purpose at its sole discretion, without needing permission, acknowledgment, or compensation from the Client.
8.3. OHD always reserves the right to share work created by OHD publicly (social media, website, etc.) unless otherwise agreed upon as stated in Article 21 (Showcasing Work) of this document.

By accessing and using our services, the Client represents and warrants that: (a) Client has the legal capacity to enter into this agreement and comply with its terms. This includes being of legal age in your jurisdiction and possessing the necessary authority to bind any organization you represent; (b) Client is not a minor in your jurisdiction of residence; (c) Client will not access our website or services through automated or non-human means. This includes bots, scripts, or other automated tools. (d) Client will not use our website or services for any illegal or unauthorized purpose. This includes violating any applicable laws or regulations. (e) Client’s use of our website or services will not violate any third-party rights, including intellectual property rights or privacy rights.

OHD reserves the right to monitor the Website for violations of these Terms and take appropriate legal action in response to any violation. This includes potential breaches of applicable laws, statutes, or regulations. We further reserve the right to restrict or deny access to the Website or disable your use if deemed necessary. All decisions regarding website management and potential responses to violations are made at our sole discretion.

OHD reserves the right to assess refund requests on a case-by-case basis and may decline at our sole discretion. We are unable to offer refunds based solely on dissatisfaction with services rendered or deliverables, or unused services. We encourage the Client to discuss any concerns with our services before requesting a refund as we are open to exploring alternative solutions. If a refund is granted OHD will retain the fee for services already provided, any unused portion of your Subscription will be refunded on a prorated basis, and a 25% termination fee will be applied to the remaining billable period. Should Client request a refund during the first month of use, all materials produced by OHD are owned by OHD and are prohibited from being used by the Client in any way. OHD reserves the right to take appropriate legal actions against Client for breach of this paragraph.

OHD reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. OHD reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

We do not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond OHD’s control. Client agrees that OHD shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

These Terms are governed by and interpreted following the laws of Italy. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Lecce, which means that you may make a claim to defend your consumer protection rights in regards to these Terms in Italy, or in the EU country in which you reside.

The European Commission provides an Online Dispute Resolution (“ODR”) platform (https://ec.europa.eu/consumers/odr), which you can access. If you would like to bring a subject to our attention please contact us. If a dispute cannot be resolved through the ODR Platform, it shall be finally and bindingly settled by arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in Lecce, Italy or any other location mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding on the parties and enforceable in any court of competent jurisdiction.

Deliverables are provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. OHD disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. OHD makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and OHD assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of OHD’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. OHD does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.

OHD and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless, OHD and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) use of the Website; (b) breach of these Terms; (c) any breach of Client’s representations and warranties set forth herein; (d) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, OHD reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify OHD hereunder. Client agrees to cooperate with the defense of such claims.

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. OHD shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against OHD from any such loss or corruption.

Client hereby consents to receive electronic communications from OHD and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by OHD or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

OHD reserves the right to share completed or in process design work on digital channels including social media, website, etc. unless otherwise agreed upon, for promotional and portfolio purposes. The Client reserves the right to issue an NDA between themselves and OHD, which in turn would void the right of OHD to share or discuss Client's work publicly.

21.1. Identifiable Information Collection - We may ask the Client to provide identifiable information that can be used to contact or identify you. Identifiable information may include, but is not limited to email address, full name, phone number, and full address (address, state, province, postal code, city).
21.2. Usage Data - Usage Data is collected automatically when using the Website. Usage Data may include information such as your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Website or when You access the Service by or through a mobile device.
21.3. Use of Your Personal Data - We may use Your personal data to: (1) provide and maintain our services, including to monitor the usage of our services; (2) to manage Your registration as a user of the Website; (3) for the development of Invoices; (4) to contact You by email for general communication purposes and to provide newsletters; (4) to manage Your Requests.
21.4. Delete Your Personal Data - You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You. You may update, amend, or delete Your information at any time by visiting the account settings section that allows you to manage Your personal information or by contacting Us to request access to, correct, or delete any personal information that You have provided to Us. Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
21.5. Business Transactions - If We are involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
21.6.Law enforcement - Under certain circumstances, We may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
21.7. Children's Privacy - Our services do not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.
21.8. Links to Other Platforms - Our Website may contain links to other websites and platforms that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every website and platform You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
21.9. Changes to this Privacy Policy - We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

These Terms and policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and OHD. Failure of OHD to enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision or part of these Terms is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and OHD.

For any questions or complaints, please contact OHD at: info@oakhouse.design.