Terms of Service

These Terms of Service govern the relationship between Eka Sri (trading as Eka Sri Design, "Designer") and any individual or business ("Client") who engages design services through this website or by written agreement. By accepting a written proposal from Eka Sri Design, the Client agrees to these terms. These terms are governed by the laws of the Republic of Indonesia, including Law Number 19 of 2002 concerning Copyright (Undang-Undang Hak Cipta) as amended by Law Number 28 of 2014, and applicable contract law under the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata).

A. Services and Project Scope

A.1 Scope of engagement. All design services are defined in a written proposal that the Client receives before any work begins. The proposal describes the specific deliverables, timeline, and price. Work begins only after the Client confirms the proposal in writing and pays any required deposit.

A.2 Scope changes. Any request to add work, change deliverables, or extend the project beyond the original proposal constitutes a scope change. Scope changes require a written change document, agreed and approved by both parties before the additional work is performed. A scope change may result in an adjusted price and revised timeline.

A.3 Services not included. These terms and any associated proposal cover design and production services only. Web hosting, domain registration, ongoing website maintenance, SEO campaign management, social media management, and copywriting are not included unless explicitly listed in the proposal.

A.4 Client responsibilities. The Client is responsible for providing accurate and complete content, materials, and instructions required for the project. Delays caused by late provision of content or approvals by the Client may result in revised delivery timelines. The Designer is not liable for project delays attributable to the Client.

B. Payment Terms

B.1 Fixed pricing. All projects are priced at a fixed total as stated in the proposal. The Designer does not bill by the hour. The fixed price applies to the scope as defined in the proposal.

B.2 Deposit. Most projects require a deposit, typically fifty percent of the total project fee, paid before design work commences. The deposit amount and payment schedule are specified in each proposal.

B.3 Final payment. The remaining balance is due upon delivery of final files or upon the date specified in the proposal, whichever comes first. Final files are released to the Client upon receipt of full payment.

B.4 Late payment. If payment is not received within fourteen days of the due date, the Designer reserves the right to pause all work on the project until the outstanding amount is settled. Persistent non-payment may result in termination of the agreement under the conditions described in Section F.

C. Intellectual Property and Copyright

C.1 Ownership upon full payment. Upon receipt of full payment for a project, the Client receives full ownership of the final deliverables produced specifically for that project, including all rights of use, reproduction, modification, and distribution. This transfer of rights applies to the final files listed in the proposal.

C.2 Source files. All source files in their native design application format are included in the final delivery as stated in the proposal. The Client may use these source files freely after full payment is received.

C.3 Designer portfolio rights. The Designer retains the right to display completed work in a professional portfolio, on this website, and in promotional materials, unless the Client requests confidentiality in writing before the project begins. Portfolio display does not include disclosure of confidential business information.

C.4 Third-party assets. If the project incorporates licensed third-party assets such as stock photographs, typefaces, or illustration elements, the Client is responsible for ensuring that appropriate licences are obtained for their intended use. The Designer will advise on licence requirements during the project.

C.5 Prior to full payment. All design work created during the project remains the intellectual property of the Designer until full payment is received. Partial or draft deliverables shared during the design process for review purposes may not be used commercially by the Client before final payment.

D. Revisions

D.1 Included revisions. Each project proposal specifies the number of revision rounds included in the fixed price. Revisions within this allowance are feedback responses to the presented design direction, not requests to start over from a different concept.

D.2 Additional revisions. Revision rounds beyond the included allowance may be requested and will be quoted at a fixed cost per round before the work is performed.

D.3 Approval and sign-off. When the Client provides written approval of a design stage, that stage is considered complete. Changes requested after written approval of a completed stage are treated as new scope and subject to additional charges.

E. Delivery and Acceptance

E.1 Delivery method. Final files are delivered electronically via email or a file sharing service. Physical delivery is not included unless explicitly agreed in the proposal.

E.2 Acceptance period. The Client has seven days from delivery to review final files and raise any concerns. If no concerns are raised within seven days, the delivery is considered accepted.

E.3 Printing and production. The Designer provides print-ready files in standard formats. The Designer is not responsible for colour variations between screen display and physical print output, which may differ depending on the printing equipment and materials used by the Client's chosen printer.

F. Termination

F.1 Termination by the Client. The Client may terminate the project at any time by written notice. In this case, the Client is liable for payment of all work completed up to the date of termination, calculated proportionally against the total project fee. The deposit is non-refundable upon termination by the Client.

F.2 Termination by the Designer. The Designer may terminate the agreement if the Client fails to make payment within fourteen days of the due date, if the Client acts in a manner that makes the project unworkable, or if the Client requests the Designer to produce content that is unlawful or violates the rights of third parties. In such cases, the Client remains liable for work completed to the point of termination.

G. Limitation of Liability

The Designer's liability for any claim arising from this agreement is limited to the total amount paid by the Client for the relevant project. The Designer is not liable for indirect, consequential, or incidental damages including but not limited to loss of business, loss of revenue, or loss of data arising from the use or inability to use the deliverables.

H. Governing Law and Disputes

These terms are governed by the laws of the Republic of Indonesia. Disputes arising from or in connection with these terms shall first be addressed through good-faith negotiation between the parties. If negotiation does not resolve the dispute within thirty days, the parties agree to submit to the jurisdiction of the competent court in Balikpapan, East Kalimantan, Indonesia.

I. Amendments

These Terms of Service may be updated periodically. The current version is always available at ekasridesign.com/terms.html. The version in effect at the time a proposal is accepted governs that specific project engagement. Updates do not apply retroactively to projects already in progress.

Questions about these terms: [email protected]