Terms and Conditions

Service Scope

DiseñaThor Agency services are limited exclusively to what is described in the accepted quotation or proposal. Any task, deliverable, or requirement not included in that document will be considered additional work and will require a new quotation before execution.

DiseñaThor reserves the right to subcontract specialized tasks to trusted collaborators, always guaranteeing agreed quality standards and project confidentiality. Subcontracting does not imply assignment of the main contract.

Services are provided remotely from Colombia. Unless expressly agreed otherwise, in-person meetings, physical prints, and physical media delivery are not included.

Quotation and Proposal

Every quotation issued by DiseñaThor is valid for 15 calendar days from issuance date. After this period, prices and conditions may be updated without prior notice.

The client's acceptance of the proposal (verbally, in writing, or by paying the advance) implies full and unconditional acceptance of these Terms and Conditions, which are an integral part of the service agreement.

Any modification to the agreed scope must be requested in writing and approved by DiseñaThor through an addendum or new quotation. Verbal changes have no contractual validity.

Revisions and Changes

Each project includes the number of revision rounds specified in the quotation. Additional revisions will be quoted and charged separately before execution.

• ⚡ A revision means minor adjustments on the approved design: color, text, size, or layout corrections within the same visual concept.
• ⚡ A concept change, full redesign, or creative direction change is quoted as a new independent service.
• ⚡ All change requests must be made in writing (email or official WhatsApp) to ensure traceability and avoid misunderstandings.
• ⚡ Revisions outside agreed scope or requested after final approval will be treated as additional work.

Delivery Times

Agreed delivery timelines start only after receiving the corresponding advance payment and all materials required to begin (brief, texts, logos, images, references, access credentials, etc.).

• ⚡ Timelines are estimated in business days unless otherwise indicated in the quotation.
• ⚡ If the client delays materials, approvals, or feedback, timeline is automatically extended by the same delay period, with no liability for DiseñaThor.
• ⚡ DiseñaThor will notify in advance any delay attributable to the agency and propose a new delivery date by mutual agreement.
• ⚡ Urgent delivery requests must be explicitly requested and may include an urgency surcharge stated in the quotation.

Advance, Payments and Methods

DiseñaThor payment policy is as follows:

Available payment methods: Banco de Bogota · Bancolombia · Davivienda · Daviplata / Nequi · PayPal · Binance.

Important: Complete account details are only provided through official channels: email [email protected] or official WhatsApp +57 302 598 0923. DiseñaThor never sends banking details through unverified channels nor requests payments to third-party accounts. If you receive a payment request through any other channel, report it immediately to our official email.

After payment, client must send proof through the same official channels. Without payment confirmation, work will not start or continue.

All prices are expressed in Colombian pesos (COP) or US dollars (USD), as indicated in the quotation. For international clients, the exchange rate applied is the one valid at payment time.

File Delivery and Access

Final export files (JPG, PNG, PDF, MP4, SVG, etc.) are delivered immediately once full project payment is confirmed, through a Google Drive folder assigned to the client.

Editable source files (.ai, .psd, .fig, .xd, etc.) are delivered only when expressly agreed in the quotation. Their transfer has an additional cost clearly specified.

• ⚡ Client has 30 calendar days to download files from the assigned Google Drive folder, counted from delivery notification date.
• ⚡ DiseñaThor will send a reminder via email and/or WhatsApp 5 days before access period expires.
• ⚡ After this period, folder access will be removed. If files are required again, a $30,000 COP / $8 USD re-delivery management fee applies.
• ⚡ DiseñaThor keeps backup copies of delivered files for 6 months from delivery date. After that period, file availability is not guaranteed.

Client is advised to back up all files on their own devices or storage services as soon as they are received.

Client Obligations

To ensure agreed timelines and quality, client agrees to:

• ⚡ Provide all required materials (texts, images, logos, references, access credentials) complete and in requested formats, within agreed timelines.
• ⚡ Review and approve or reject deliverables within a maximum of 5 business days from receipt. Lack of response within this period is interpreted as tacit approval.
• ⚡ Appoint one authorized contact person for decision-making, avoiding contradictory instructions from multiple people.
• ⚡ Ensure all materials provided to DiseñaThor (images, texts, logos, music, etc.) are owned by client or properly licensed for commercial use, assuming full responsibility for third-party rights claims.
• ⚡ Comply with payment terms and deadlines. Payment default allows DiseñaThor to immediately suspend work with no liability for resulting delays.
• ⚡ Maintain respectful behavior with the DiseñaThor team. Harassment, undue pressure, or inappropriate communications entitle the agency to unilaterally terminate the contract.

Intellectual Property

Once full payment is received, client acquires full commercial usage rights over final deliverables produced by DiseñaThor for agreed purposes in the quotation.

• ⚡ Editable source files and original typefaces remain DiseñaThor intellectual property unless explicitly transferred in writing within the quotation.
• ⚡ Client may not sublicense, resell, or assign rights over deliverables to third parties without prior written authorization from DiseñaThor.
• ⚡ Deliverables may not be used to train AI models, commercial image databases, or third-party licensing platforms without express authorization.
• ⚡ Until full payment is completed, DiseñaThor retains all rights over produced work and files cannot be used by client under any circumstance.
• ⚡ Client is responsible for ensuring provided materials do not infringe copyrights, trademarks, or third-party image rights.

🛡️ Portfolio right: DiseñaThor reserves permanent right to include completed work in portfolio, website, and promotional materials as service samples, unless client expressly requested exclusion before project start through written communication to [email protected] or official WhatsApp +57 302 598 0923. Exclusion requests made after project start will be evaluated case by case.

Confidentiality

DiseñaThor commits to strict confidentiality of all sensitive client information shared during project development, including but not limited to: business data, brand strategies, financial information, customer databases, and any data marked confidential by client.

• ⚡ Confidentiality obligation remains valid for 2 years from project completion date unless a different term is agreed through formal NDA.
• ⚡ Information will not be disclosed, shared, or used for purposes other than project development without prior written authorization.
• ⚡ Breach of this obligation by DiseñaThor gives rise to legal actions and damage claims under Colombian law.
• ⚡ Confidentiality does not apply to information that is public domain, previously published by client, or legitimately obtained by DiseñaThor from independent third parties.

If a formal Non-Disclosure Agreement (NDA) is required, it must be requested before project start and signed by both parties. DiseñaThor may accept or propose its own NDA model. Collaborators or subcontractors involved in the project are subject to the same confidentiality obligations.

Work Usage

Client agrees to use deliverables only for purposes agreed in the quotation and within current legal framework.

• ⚡ Client may not attribute authorship of designs to another person, company, or entity without written agreement.
• ⚡ It is expressly forbidden to modify, alter, or derive deliverables in ways that damage DiseñaThor reputation or image.
• ⚡ Usage of deliverables for illegal, discriminatory, deceptive purposes or in ways that infringe third-party rights is sole client responsibility, keeping DiseñaThor harmless from resulting claims.
• ⚡ Client may not claim exclusive rights before registration authorities (DIAN, SIC, EUIPO, USPTO, etc.) over designs containing generic elements, third-party licensed typefaces, or resources not originally created by DiseñaThor unless expressly transferred.

Limitation of Liability

DiseñaThor is not responsible for:

• ⚡ Economic losses, lost profits, or indirect damages arising from use or non-use of deliverables.
• ⚡ Errors in content (texts, data, figures, images) provided by client and incorporated as delivered.
• ⚡ Technical incompatibilities with third-party platforms, systems, or devices not expressly included in quotation.
• ⚡ Delays caused by client delays in material delivery, approvals, or payments.
• ⚡ Commercial, sales, or marketing performance of designed assets, as this depends on multiple factors outside DiseñaThor control.
• ⚡ Third-party platform changes (Instagram, Facebook, Google, etc.) affecting display or functionality after delivery.

DiseñaThor maximum liability for any claim, under any concept, is limited to the total amount effectively paid by client for the specific project, excluding any additional damage claims.

Project Cancellation

Cancellation by client:

• ⚡ Paid advance is non-refundable, as it covers time, resources, and planning invested from project start.
• ⚡ If project is cancelled after progress delivery, DiseñaThor will charge a proportion based on executed work up to cancellation date against total project value.
• ⚡ Partial files or progress will not be delivered until the corresponding executed-work amount is fully paid.

Cancellation by DiseñaThor:

• ⚡ DiseñaThor reserves right to cancel a project in force majeure cases, payment default, repeated client obligation breaches, or inappropriate behavior. In this case, non-executed proportional advance amount will be returned, minus incurred costs.
• ⚡ DiseñaThor cancellation notice is sent in writing with at least 48 hours notice, except in cases of inappropriate behavior or serious breach where termination is immediate.

Force Majeure

DiseñaThor is not liable for delays or non-performance caused by force majeure or unforeseen events beyond its control, including but not limited to:

• ⚡ Natural disasters, health emergencies, or declared pandemics.
• ⚡ Prolonged internet, power, or third-party infrastructure failures.
• ⚡ Government or regulatory decisions preventing service provision.
• ⚡ Outages in third-party platforms essential for project execution (Google, Adobe, Meta, etc.).

In force majeure cases, DiseñaThor will notify client within 48 hours of event occurrence, indicating cause and estimated impact. Parties will agree in good faith on a new execution timeline.

Terms Modification

DiseñaThor reserves the right to modify these Terms and Conditions at any time. Changes will be published on this page with latest update date.

• ⚡ Modifications do not affect active projects at publication time; those continue under version in effect at acceptance.
• ⚡ For new projects, applicable terms are those in effect on quotation acceptance date.
• ⚡ Continued use of DiseñaThor services after changes publication implies acceptance of new terms.
• ⚡ For substantial changes, DiseñaThor will notify active-project clients by email at least 15 days in advance.

International Clients

DiseñaThor provides services to clients in multiple countries. For clients outside Colombia, the following additional conditions apply:

• ⚡ These Terms and Conditions are governed by Colombian law. However, DiseñaThor recognizes consumer rights in client residence country to the extent applicable to remote services.
• ⚡ International payments are made in USD through PayPal or other agreed channels. Currency conversion and banking fees are borne by client.
• ⚡ For disputes with international clients, parties prioritize online mediation mechanisms before judicial action. Use of UNCITRAL ODR platform or similar is recommended.
• ⚡ These terms are drafted in Spanish, which prevails in case of translation or interpretation conflict.

Governing Law and Jurisdiction

These Terms and Conditions are governed by current Colombian law, especially Commercial Code, Civil Code, Law 1480 of 2012 (Consumer Statute), Law 1581 of 2012 (Habeas Data), and other applicable regulations for professional services and e-commerce.

In any dispute, parties commit to first attempt direct settlement or conciliation before an authorized conciliation center, as preferred alternative dispute resolution mechanism, before judicial proceedings.

If conciliation fails, parties submit to ordinary jurisdiction of competent courts in Bogotá D.C., Colombia.

🛡️ DiseñaThor commits to always act in good faith, meeting agreed timelines and quality standards, provided client fulfills own obligations regarding information delivery, payments, and approvals.