Terms & Conditions
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1. General Declaration and Acceptance
This document constitutes a legally binding agreement between the user (hereinafter, the "Client") and Instantáneo (hereinafter, the "Agency"). By hiring our services, browsing our website, or registering, the Client accepts these Terms and Conditions without reservation. If the Client does not agree with any of the clauses, they must refrain from using this website and hiring the services.
2. Scope of Services
Instantáneo offers professional design services, including but not limited to:
Corporate identity and branding design.
User interface and user experience (UI/UX) design and web development.
Creation of advertising materials and digital content.
Consulting and art direction.
The Agency commits to executing the projects in accordance with the technical specifications and deadlines agreed upon in the commercial proposal or individual quote previously sent to the Client.
3. Hiring Process and Payments
Quotes: All quotes issued by the Agency are valid for thirty (30) calendar days from their date of issuance.
Mandatory Upfront Payment: No project will begin its execution phase until the Agency has received a payment of fifty percent (50%) of the total budgeted amount, unless otherwise agreed upon in writing.
Final Payment: The remaining fifty percent (50%) must be paid upon final delivery of the project and prior to the release of open source files or final credentials.
Payment Methods: Bank transfers, credit/debit cards, and authorized digital payment platforms on the website will be accepted. All applicable fees, commissions, and taxes shall be borne by the Client.
4. Intellectual Property and Copyright
Agency Rights: All materials, methodologies, proprietary source codes, rejected sketches, and processes used by the Agency to create the final design remain the exclusive property of Instantáneo.
Transfer of Rights: The intellectual property and commercial exploitation rights of the approved final design will be transferred exclusively to the Client only after the Client has liquidated one hundred percent (100%) of the agreed fees.
Portfolio: The Agency reserves the perpetual and irrevocable right to display the work performed (both sketches and final pieces) in its portfolio, website, social media, and promotional material as a sample of its professional experience, unless a strict mutual confidentiality agreement is in place.
5. Client Obligations and Cooperation
The success and punctuality of the project depend on the active collaboration of the Client. The Client agrees to:
Provide timely information, texts, previous logos, images, and guidelines necessary for the design.
Guarantee that all material delivered to the Agency possesses the necessary copyrights. The Client exempts the Agency from any third-party intellectual property infringement claims.
Respond to review requests within a maximum period of five (5) business days. Prolonged silence will be understood as approval of the current phase and will reset delivery deadlines at the Agency's discretion.
6. Revision and Modification Policy
Limit of Changes: Each proposal includes a maximum number of two (2) rounds of minor revisions on the selected concept, within the limits of the original briefing.
Structural Changes: Any modification that substantially alters the strategy or the previously approved concept, or that is requested outside the stipulated rounds, will incur additional charges billed at the Agency's current hourly rate.
7. Cancellation, Termination, and Refunds
Cancellation by the Client: The Client may terminate the contract at any time via written notice. In this case, the 50% upfront payment will be non-refundable, serving as compensation for schedule reservation and invested work hours.
Excess Work: If the value of the work performed up to the date of cancellation exceeds the initial deposit, the Client is obligated to pay the difference corresponding to the executed hours.
Breach of Contract: The Agency may suspend or terminate the service immediately if the Client breaches their payment obligations or displays disrespectful behavior toward the work team.
8. Limitation of Liability
Limited Warranty: The Agency works with professional standards of excellence but does not guarantee that the designs will generate a specific increase in sales, web traffic, or commercial success for the Client.
Subsequent Errors: Once the Client signs off or digitally approves the final artwork, the Agency is not responsible for spelling errors, printing mistakes, external programming bugs, or economic losses derived from the use of the files.
Force Majeure: The Agency will not be held liable for delays caused by natural disasters, general internet outages, strikes, or any force majeure situation beyond its direct control.
9. Modifications to the Terms
Instantáneo reserves the right to update, change, or replace any part of these Terms and Conditions at any time. It is the Client's responsibility to check this page periodically for changes. Continued use of the website or services following the posting of modifications implies acceptance of those changes.
10. Jurisdiction and Applicable Law
For the resolution of any legal controversy or conflict arising from the interpretation or fulfillment of this document, the parties expressly submit to the jurisdiction of the competent courts of the city of the Agency's tax residence, waiving any other jurisdiction that might correspond to them