We are pleased that you have entrusted your pitch deck to Decko Designs Inc. (“Decko”). This sets forth our agreement regarding the services that Decko will be providing to your company (“Client”). Your acceptance of work by Decko or the payment of the invoice shared with you via email confirms your agreement to these Terms and Conditions. 

Decko will be providing pitch deck creation services to Client. These services, by their nature, are optimized by interaction and communication between our two companies. Therefore, both parties shall respond to requests for information from the other within a commercially reasonable period of time. For each project, it is important to designate a point person within the Client team. 

COMPENSATION AND REFUNDS

As compensation for our services, you will pay Decko the amount listed on the invoice shared with you via email. You also will reimburse Decko for out-of-pocket expenses related to the services incurred on your behalf, including but not limited to materials, printing, and shipping costs. All expenses shall be pre-approved by the Client in advance. Initial payment shall be invoiced and due before work starts on your project, and all subsequent invoices shall be due upon receipt of your invoice by email. Invoices must be paid in full prior to release of any final work product to Client. Upon payment in full, Client shall have the right and license to use the work product produced by Decko.

Client shall be entitled to a refund of 50% if work is terminated after our initial kickoff meeting and before draft content has been delivered. Client shall be entitled to a refund of 25% if work is terminated after content has been approved, but prior to design being approved. Client shall be entitled to a refund of 10% if work is terminated after design has been approved and before final, editable versions of the deck have been delivered to the client. Decko is not required to share editable versions with Client at any time that a refund is possible. No refund of any fees shall be made after final, editable versions of the pitch deck have been delivered to the Client. 

For projects billed on an hourly basis, DECKO is committed to ensuring transparency and satisfaction in the delivery of our services. The following refund policy applies to all hourly billed projects:

1. Non-Refundable Hours: Once DECKO has allocated company time towards the Client's project, the hours spent are not subject to refunds. This policy acknowledges the resources and effort expended by DECKO to advance the Client's project objectives.

2. Client's Right to Discontinue: The Client reserves the right to discontinue the purchase of additional billable hours at any point. DECKO respects the Client's decision-making process and will not obligate the Client to commit beyond their current engagement.

3. Delivery of Work Products: In the event that the Client chooses not to purchase more billable hours, DECKO will provide all work products related to the time already billed. This ensures that the Client has access to the value generated during the time they have invested in DECKO's services.

If Client defaults on any payment due to Decko, Client acknowledges and agrees that Decko may suspend or revoke Client’s access to all tools, software, databases, products or services, and all permission and licenses for Client to use Decko’s work product for Client, and may notify third parties (including procuring entities) that Client’s right to use such work product has been suspended or revoked. 

If Decko has not received payment from Client more than 30 days after the date of the invoice, Decko may assess an annual interest rate of 18% on the unpaid invoice. Interest begins accruing on the date that the payment obligation arose regardless of invoice date, and will continue to accrue and be due on the unpaid balance until it is fully paid. If Customer has not paid an invoice for more than 90 days, Decko may refer collection of the unpaid amount to an attorney or collections agency. If Client’s unpaid invoices are referred to an attorney or collections agency, Client shall also be responsible for paying all reasonable expenses of collection, including but not limited to, attorney’s fees and collections agency fees. Any dispute as to whether a payment is due or the amount of any payment shall be negotiated in good faith directly by the parties hereto, or otherwise submitted to legal proceedings as specified in the preceding paragraph.

CONFIDENTIALITY

Except as required by law or court order, Decko will keep confidential any trade secrets or confidential or proprietary information of the Client disclosed to Decko and marked or otherwise designated as confidential. For purposes of this Agreement, “trade secrets or confidential or proprietary information” includes information unique to or about the Client which is not known or available to the public. It shall not include information which is independently developed by or for Decko. Decko reserves the right to use Clients engagement with Decko in marketing materials including its website. Except as required by law or court order, Client will keep confidential and not otherwise use except in the context of the project for which this letter agreement relates, all business practices, approaches and strategies of Decko. Client acknowledges and agrees that apart from obligations specified herein for Decko to keep Client information confidential hereunder, Decko and its officers, directors, and owners may work for other clients including those that compete with Client and shall have no restriction on its business activities.

INDEMNIFICATION

Since Decko must at all times rely upon the accuracy and completeness of information supplied to it by the Client’s officers, directors, agents, and employees, the Client agrees to indemnify, hold harmless, and defend Decko, its officers, agents, and employees at the Client’s expense, against any proceeding or suit which may arise out of and/or be due to any material misrepresentation in such information supplied by the Client to Decko, or out of the services provided hereunder, or Client’s use or dissemination of any material delivered to Client by Decko. Decko is also not responsible for any delays in delivery by courier and shipping services. All services rendered by Decko on behalf of the Client shall be performed to the best of Decko’s ability in concert with the overall business plan of the Client and the goals and objectives of the Client’s management. 

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future law, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision were never a part hereof, and the remaining provisions shall remain in full force and shall not be affected by the illegal, invalid, or unenforceable provision, or by its severance; but in any such event this Agreement shall be construed to give effect to the severed provision to the extent legally permissible.

INTELLECTUAL PROPERTY

All work product, including but not limited to designs, drawings, images, and text created by Decko for Client shall remain the sole intellectual property of Decko. Upon payment of all amounts due to Decko from Client, Client is granted a non-exclusive, non-transferable license to use said work product solely for the intended purpose. Decko retains all rights to the work product.

LIMITATION OF LIABILITY

Decko shall not be liable to Client for any indirect, incidental, or consequential damages arising from its services, including but not limited to lost profits, loss of business, or otherwise.

MARKETING PERMISSION

Decko may display and share copies of the work product created for Client for marketing purposes, provided any identifying information of Client or sensitive business information is removed, if requested by Client. Client may request that their work products related to them not be used in marketing materials by sending an email to Robert@GetDECKO.com.

INDEPENDENT CONTRACTOR AND NON BROKER DEALER NOTICE

Decko shall render services to the Company as an independent contractor, and not as an employee of Client.  Any notices required by this Agreement will be communicated by or to the Client point of contact through email, certified mail, hand delivery, or by overnight courier delivery service. Decko may change any fees or billing rates hereunder upon 30 days written email notice to Client. This Agreement may not be amended except by written instrument signed by both parties, provided however that Decko may change the general terms and conditions of this Agreement upon 30 days advanced written or electronic notice to, or by other communication received by, Client.  Either party may terminate this agreement upon 30 days written notice to the other.

Decko is not registered as a broker-dealer and does not offer or provide any form of investment advice or recommendations. No communication between our firm and the client should be construed as investment advice or guidance on any investment transactions or securities offerings. Any information or analysis provided by Decko is for informational purposes only and should not be considered as a recommendation or solicitation to buy, sell or hold any investment product.

This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and all other agreements relating to the subject matter hereof are hereby superseded. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York.