Terms of Service.

Effective Date: May 30, 2025

Last Updated: May 30, 2025

1. About These Terms

These Terms of Service ("Terms") govern your use of design and consulting services provided by Ask a Designer ("we," "us," or "our"), operating under The Designer's Toolbox, a sole proprietorship established in the Netherlands.

By engaging our services or making a purchase, you ("Client" or "you") agree to be bound by these Terms.

2. Services Offered

We provide UX and product design consulting services, including but not limited to:

• UX/UI design and consultation
• Product design and development
• Design reviews and audits
• Educational courses and workshops
• Use-anytime consulting hours packages

Services are delivered primarily online via video calls, collaborative design tools, and digital communication platforms.

3. Service Packages and Engagement Types

Package Services

Pre-purchased packages (use-anytime hours, courses, reviews) must be used within 12 months of purchase unless otherwise specified. Unused portions of packages are non-refundable after the expiration period.

Project-Based Services

Projects may be structured as:

• Fixed-time projects: With defined deliverables and timeline
• Ongoing services: Continuing until cancelled by either party with 30 days written notice

Milestone and Payment Structure

Services typically follow either:

• Milestone-based payments as outlined in project proposals
• 50/50 payment split (50% upfront, 50% upon completion)
• Pre-purchased hour packages used as services are delivered

4. Client Responsibilities

You agree to:

• Provide timely feedback and approvals within 5 business days unless otherwise agreed
• Supply necessary materials, access, and information required for service delivery
• Ensure all provided content is legally owned or properly licensed
• Communicate project requirements clearly and promptly notify us of any changes
• Make payments according to agreed terms

5. Intellectual Property

Client-Owned Materials

You retain ownership of all materials, content, and information you provide to us.

Work Product

Upon full payment, you will own the final deliverables created specifically for your project. We retain the right to use general methodologies, techniques, and non-confidential learnings from our work.

Portfolio Usage

We reserve the right to display completed work in our portfolio and marketing materials unless you explicitly request confidentiality in writing.

6. Confidentiality

We understand that you may share confidential and proprietary information. We commit to:

• Maintaining strict confidentiality of all client information
• Using client information solely for service delivery
• Not disclosing confidential information to third parties without written consent
• Signing additional NDAs when requested

7. Payment Terms

Payment Schedule

• Package services: Payment required before service delivery begins
• Milestone projects: Payments due according to agreed milestone schedule
• 50/50 projects: 50% due before work begins, 50% due upon completion
• Ongoing services: Monthly invoicing with net-30 payment terms

Late Payments

Work may be suspended on accounts with overdue balances exceeding 30 days.

Refunds

Refunds are only provided for:

• Unused portions of pre-purchased hour packages (pro-rated)
• Services not yet delivered due to our inability to perform
• Situations where we mutually agree to terminate services early

8. Project Changes and Scope

Changes to project scope, timeline, or deliverables must be agreed upon in writing and may result in additional charges. We will provide estimates for scope changes before proceeding.

9. Limitation of Liability

Our total liability for any claims related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim. We are not liable for:

• Indirect, consequential, or incidental damages
• Loss of profits, revenue, or business opportunities
• Delays caused by client feedback cycles or external dependencies

10. Service Availability and Technical Requirements

Services are delivered online and require:

• Reliable internet connection
• Access to collaborative design tools (we'll specify requirements per project)
• Video conferencing capabilities for consultation calls

We aim for 99% service availability but are not liable for temporary technical interruptions.

11. Termination

By Client

You may terminate ongoing services with 30 days written notice. Pre-purchased packages and milestone projects cannot be cancelled once work has commenced, except for unused portions eligible for refund.

By Us

We may terminate services immediately for:

• Non-payment after 45 days
• Violation of these Terms
• Abusive or inappropriate behavior
• Requests for work outside our expertise or ethical guidelines

12. International Clients

As we serve international clients:

• All prices are quoted in EUR unless otherwise specified
• Currency conversion rates may apply for non-EUR payments
• Clients are responsible for any applicable taxes in their jurisdiction
• Electronic signatures are considered valid for all agreements

13. Communication and Support

Primary communication channels:

• Email: nick@askadesigner.io
• Project management tools as agreed per project
• Video calls scheduled via Calendly

We aim to respond to communications within 24 hours during Dutch business hours (Monday-Friday, 9 AM - 6 PM CET).

14. Dispute Resolution

Governing Law

These Terms are governed by Dutch law.

Resolution Process

1. Direct Communication: We encourage resolving disputes through direct discussion
2. Mediation: If direct communication fails, we prefer mediation through a mutually agreed mediator
3. Legal Action: Any legal proceedings must be conducted in the appropriate courts of the Netherlands

15. Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or other force majeure events.

16. Updates to Terms

We may update these Terms periodically. Significant changes will be communicated via email at least 30 days before taking effect. Continued use of our services after changes constitutes acceptance of updated Terms.

17. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full effect.

18. Contact Information

For questions about these Terms or our services:

Email: nick@askadesigner.io

Website: www.askadesigner.io

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.