TERMS OF SERVICE

Last updated: March 2026

These terms apply to all work between you and me. By hiring me or signing a Statement of Work, you agree to these terms.

About This Service

I'm Derin Kivaner, a creative producer and UX strategist. I work with solopreneurs, service providers, coaches, and small businesses on web design, UX strategy, and branding projects.

Payment Terms

Payment structure depends on the project and is specified in your Statement of Work. Typically:

  • 50% deposit due before work begins

  • 50% balance due upon delivery

If your SOW outlines different terms, those take precedence.

Work doesn't start until the first payment is received. Late payments may pause the timeline.

Scope and Revisions

Your SOW outlines what's included in the project. I deliver one round of revisions per module (like one round for the homepage, one for the about page, etc.) plus a final approval round.

If you want changes beyond what's specified or additional revisions beyond the included rounds, I'll communicate the extra work needed and calculate additional fees. You decide whether to move forward.

Scope creep gets handled collaboratively, not silently. If something changes significantly, we revisit the timeline and fees.

Timeline and Feedback

I work fast, but I need your input on time. You have 24 hours to provide feedback, assets, or decisions when I ask for them. If you take longer, it may extend the overall timeline.

If you go silent or repeatedly miss deadlines, I reserve the right to pause the project and adjust the timeline accordingly.

Intellectual Property

Once the project is paid in full, you own all the deliverables, including the design, website, or any materials created for your project.

I retain the right to use your project in my portfolio and marketing materials unless your SOW specifies otherwise. This typically means showing screenshots or a case study of the work.

If you want to keep the project confidential or private, that needs to be stated in your SOW.

Cancellation

If you cancel or pause the project mid-way, you're liable for:

  • All work completed to that point

  • 10% of the remaining project budget

Example: If your project is 5000 and you cancel after 2000 of work, you owe 2000 plus 10% of the remaining 3000 (300), totaling 2300.

How I Work

I run a one-person studio, but I'm not always doing the work alone. When a project needs specialized expertise outside my wheelhouse, I work with trusted subcontractors for design, development, or other technical work. You don't need to worry about picking the right specialist because I handle all of that. The quality and timeline remain my responsibility.

Limitation of Liability

My total liability for any claim related to this project is limited to the amount you paid me.

I'm not responsible for:

  • Third-party service failures (hosting providers, payment processors, analytics platforms, etc.)

  • Website downtime or data loss you could have prevented with backups

  • Business losses, lost revenue, or indirect damages from issues with the deliverable

  • Security breaches on platforms you use after handoff

In other words, I'm responsible for delivering solid work. Everything after that is shared responsibility or outside my control.

Your Responsibilities

You agree to:

  • Provide accurate information and assets needed for the project

  • Keep your login credentials and hosting secure after handoff

  • Maintain regular backups of your site

  • Not use the deliverable for illegal purposes or to harm others

  • Let me know if you need changes after the project ends

After Delivery

Once the project is delivered and paid, that engagement ends. The deliverable is yours to maintain and modify.

If you need changes or ongoing support after delivery, that's a separate engagement with separate fees. We can discuss options when the time comes.

I'm happy to help with updates or new projects, but they're not automatically included in the original scope.

Confidentiality

I keep client information confidential. I won't share your data, business details, or project materials with anyone unless:

  • You ask me to (like introducing you to a potential partner)

  • It's required by law

  • The work is used in my portfolio (unless you opted out in the SOW)

Dispute Resolution

If something goes wrong, we'll try to sort it out directly first. Email me with what's not working and we'll figure it out together.

If we can't resolve it, we'll pursue mediation or arbitration according to Swiss law, not litigation. These terms are governed by Swiss law.

Changes to These Terms

I may update these terms occasionally. Changes apply to new projects. Existing projects follow the terms in place when you signed.

Questions

If you have questions about these terms or your project, reach out: info@derinkivaner.com