Terms & Conditions
Any person logging on to the Website (even when such person does not avail of any services provided in the Website ("SERVICES")) (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") or anyone working with Focus by Arushi shall be presumed to have read these Terms and Conditions and unconditionally and irrevocably accepted the terms and conditions set out herein. These Terms of Conditions, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and Focus Designs. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Focus for other services.
Copyright Ownership
In the event that any copyrighted work(s) are created as a result of the Services provided by Designer in accordance with this Agreement, Designer owns all copyrights in any and all work(s) it creates whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Designer and may be used in the reasonable course of Designer's business.
Payment Terms
A deposit of 50% will be due to the Designer prior to the start of any work.
All remaining payments to be cleared before delivering the work as per invoice generated.
A sample charge will be applicable on all sample and the same will be deducted from the total amount if the order is confirmed.
In case of major changes after the design is made, additional charges will occur and said charges need to be agreed upon before starting the edits.
Open files are only shared for logos and packaging projects. However if you do require open file you can acquire the same with a charge of 30% of the cost of the service acquired.
​
Once a project is started it needs to be completed within the provided timeline and all documents required for working on the project need to be shared by that time or else the project will be rescheduled for a later time based on availability and a restart fee of ₹450/-would be charged.
​
A 2x surcharge will be applicable on any work requested to be completed over the weekend or on holidays. The same is applicable for rush work i.e. time sensitive work.
​
Late fees will be applicable if payment is not made by the due date. (Late fee ₹ 100/per day after the due date)
​
Changes
The Client will be notified and must approve any and all materials prior to project finalisation and submission. Furthermore, the Client will have permission to accept the work and request minor revisions if needed.
Unless otherwise provided herein, Client shall pay additional charges for all changes requested by Client which are outside the Scope of the Services on a time and materials basis, at Designer’s standard hourly per hour, or in an amount separately agreed upon in writing in advance of the change. Such charges shall be in addition to all other amounts payable under this Agreement despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadline as required by such Changes.
​
Cancellation and Refund
​
Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Focus Designs. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Focus Designs retains ownership of all copyrights and original work created.
​
In case of a contract based project a 1 month notice is required by both parties before ending the contract. In case of termination all payments to be cleared within 10 days of the last working day only then will the final files will be shared. Failure to do so will lead to a late fee charge.
​
All digital downloads sold on this website are non-refundable.
​
Shipping and Delivery
​
Free Shipping on in India.
All orders are dispatched within 5-7 days of receiving the order. We deliver the products across India using established Local Couriers depending upon the destination. Depending on the geographic location of the customer it may take about 3 to 12 working days to deliver the product to the customer door.
The shipping time mentioned anywhere on the website are approximate and we cannot guarantee them. Customers are recommended to place an order early on if they have a deadline to meet. Apart from the shipping time, in case the product has to be tailored to meet the customers requirement, it shall need time for production, which varies from 15 days to 20 days depending on the quantity ordered.
Permitted Uses of Product(s)
Personal use includes, but is not limited to, use within the following contexts: 1. Client may not copy, duplicate, distribute, republish, or incorporate the Deliverables or allow others to copy, duplicate, distribute, republish or incorporate or use the Project. 2. Client may not crop, distort, manipulate, reconfigure, mimic, animate, create derivative works or extract portions or in any other manner, alter the Final Art. All copyright, trademarks, design rights and other intellectual property (registered and unregistered) shall remain vested in Designer. The Client agrees that such proprietary material is solely for Client’s own personal use. 3. Any disclosure to a third party, copying or republishing any portion of the Deliverable or its contents is strictly prohibited and constitutes infringement.
Artistic Release
Client has spent a satisfactory amount of time reviewing Designer's work and has a reasonable expectation that Designer will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency
Designer will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Designer will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that: 1. Every client is different, with different tastes, budgets, and needs; 2. services are often a subjective art and Designer has a unique vision, with an ever-evolving style and technique; 3. Designer will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions; 4. Although Designer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Designer shall have final say regarding the aesthetic judgment and artistic quality of the Services.
Privacy Policy
It is Designer’s policy to respect your privacy regarding any information collected. Before or at the time of collecting personal information, the purposes will be identified for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified.
However, the Designer shall be permitted to display final work on their website or in promotional materials.
Impossibility
Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to: 1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or 2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or 3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform
Services In the event Designer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will: 1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and 2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and 3. Excuse Client of any further performance and/or payment obligations in this Agreement