Welcome to Pinestel! By accessing or using our website and services, you agree to comply with and be bound by the following terms and conditions. Please read these terms carefully before using our services. If you do not agree to these terms, you may not use our services.
1. General Terms
By engaging with Pinestel for any creative services, including but not limited to design, photography, branding, or web development, you agree to the terms and conditions outlined herein. These terms govern all transactions between you (the “Client”) and Pinestel (the “Company,” “we,” or “us”). Pinestel reserves the right to update or modify these terms at any time without prior notice.
2. Services
Pinestel provides a variety of creative services. The scope, pricing, timeline, and deliverables for each project will be outlined in a project agreement or proposal, which may include additional terms. By accepting any proposal or starting any project, the Client agrees to these terms.
3. Ownership and Intellectual Property
- Work Product: Upon final payment, the Client will own the rights to the final deliverable(s) as described in the project agreement. However, all underlying assets, raw files, or editable layered files (such as PSDs, AI, or raw images) remain the property of Pinestel unless otherwise agreed upon in writing.
- Licensing: Pinestel grants the Client a non-exclusive, non-transferable license to use the final deliverables for the purposes specified in the project agreement. Any use outside of these agreed-upon terms (such as for resale or redistribution) requires prior written consent.
- Creative Ownership: Pinestel retains the right to use the final deliverables and process-related materials for portfolio, promotional, and marketing purposes unless otherwise agreed upon by both parties.
- Source Files: Source files remain the sole intellectual property and business secret of Pinestel. These files are not shared with the Client unless otherwise specified in a separate agreement.
4. Payments and Fees
•Payment Terms: All pricing and payment terms are set forth in the project agreement or proposal. Payments must be made as agreed, typically in phases (e.g., deposit, mid-point, final payment). All projects will require a non-refundable deposit before any work begins.
- Late Payments: If a payment is not received by the due date, Pinestel reserves the right to suspend services or withhold deliverables until the payment is made. Late fees may apply for overdue payments.
- Additional Costs: Any additional work requested beyond the scope of the original agreement will be billed separately at an agreed-upon rate or included in a new project agreement.
5. Revisions Policy
- Clients have 14 calendar days from the date the project deliverables are provided to request revisions. After this period, the project will be considered finalized, and further revisions will require a new project scope and additional charges.
- Each project includes up to two revision cycles, covering minor adjustments only, with a maximum of five total hours of revision work. Major changes or substantial redesigns are outside the scope of included revisions and may require an additional agreement.
- All revision requests must be submitted in writing via email or through the designated project management platform. Revision requests must clearly specify the desired changes.
- Any revisions exceeding the included two cycles or surpassing the allocated five hours will require prior written approval from the client. Additional revision work is billed at $80 per hour and must be approved by the client in advance.
- To ensure transparency and avoid unexpected charges, the company will provide an estimate of additional hours required before initiating any revisions beyond the original scope.
6. Cancellations and Terminations
- Client-Initiated Cancellations: If the Client cancels the project after work has commenced, the Client will be billed for the work completed up to the date of cancellation. The initial deposit is non-refundable.
- Company-Initiated Termination: Pinestel reserves the right to terminate any project or service if the Client fails to meet their obligations, including timely payments, feedback, or breaches of these terms.
7. Delivery and Timelines
Pinestel aims to deliver projects within the timeline agreed upon in the project agreement. However, unforeseen circumstances (such as technical issues or delays in receiving Client materials) may affect delivery times. In such cases, Pinestel will communicate any delays and work to resolve them as quickly as possible.
8. Confidentiality
Both parties agree to keep all confidential information (such as business strategies, non-public details about the project, etc.) private and not disclose it to any third party without prior consent. This obligation does not extend to information that is publicly available or becomes known through other legal channels.
9. Liability and Indemnification
- Limitation of Liability: To the fullest extent permitted by law, Pinestel shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of revenue, profits, or data arising out of the use or inability to use our services, even if advised of the possibility of such damages.
- Indemnification: The Client agrees to indemnify, defend, and hold harmless Pinestel and its team from any claims, damages, or liabilities arising out of the Client’s use of the deliverables, including but not limited to infringement of intellectual property rights, misuse, or failure to adhere to any legal requirements.
10. Third-Party Tools and Services
Pinestel may use third-party tools, platforms, or services (such as stock photography, web hosting, or payment gateways) as part of the project. The Client agrees to comply with the terms and conditions of these third-party providers and understands that Pinestel is not liable for any issues related to those services.
11. Force Majeure
Pinestel is not responsible for any delay or failure in performance caused by events beyond our reasonable control, including but not limited to acts of God, war, natural disasters, or technical failures.
12. Governing Law
These terms are governed by and construed in accordance with the laws of North Macedonia, without regard to its conflict of law principles. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts in North Macedonia.
13. Contact Us
If you have any questions about these Terms and Conditions or need further clarification, please contact us at:
Pinestel
Company Address: Bitola, North Macedonia
Email: peter@pinestel.com
Phone: +1 440 567 5818