Terms of service
Last updates: 25.01.2026
These Terms of Service ("Terms") govern the provision of design services by Felix Dorner, operating as First Form Design ("Designer," "we," "us," or "our") to clients ("Client," "you," or "your").
By engaging our services or making a payment, you agree to these Terms.
1. Services
1.1 Scope of Services
We provide design services as described on our website, primarily through two offerings:
Foundation Program: Brand identity, web design, and product MVP design delivered over approximately 12 weeks.
Ongoing Design Support: Flexible design capacity on a monthly retainer basis.
1.2 Service Delivery
All services are delivered asynchronously through digital tools (Figma, Framer, email, Slack, etc.). In-person meetings are not included unless explicitly agreed upon.
Services are delivered remotely. The Designer is based in Berlin, Germany, and works with clients globally.
1.3 Timeline Estimates
Timelines provided (e.g., "~12 weeks") are estimates, not guarantees. Actual delivery depends on:
Client feedback speed and responsiveness
Scope clarity and decision-making
Availability of required materials and information
Complexity discovered during the project
We will make reasonable efforts to meet estimated timelines but are not liable for delays caused by the factors above.
2. Payment Terms
2.1 Foundation Program Payment
Foundation Program is structured in four installments:
Brand & Web:
Upfront before work begins
Upon completion of Brand & Web deliverables
Product MVP:
Before Product MVP work begins
Due upon final delivery and handoff
2.2 Ongoing Design Support Payment
Ongoing Design Support is billed monthly in advance. First payment is due before work begins. Subsequent payments are due on the same day each month.
2.3 Payment Methods
Payments are accepted via bank transfer (SEPA or international wire). Invoice currency is Euro (€). Clients paying in other currencies are responsible for conversion fees and exchange rate fluctuations.
2.4 Late Payment
Invoices are due within 14 days of issuance. Late payments may incur interest at the statutory rate under German law (currently 9% above the base rate) and may result in suspension of services until payment is received.
2.5 VAT
Prices shown exclude VAT where applicable. VAT will be added to invoices for clients based in Germany. Reverse charge mechanism applies for EU business clients with valid VAT ID. Non-EU clients are not charged VAT.
3. Client Responsibilities
3.1 Required Materials
Client agrees to provide:
Timely feedback at scheduled review points
Access to necessary accounts, tools, and systems
Content, copy, and written materials (unless copywriting is separately contracted)
Brand assets, logos, or existing design files if applicable
Clear briefs and decision-making authority
3.2 Feedback and Approval
Client agrees to:
Provide feedback within agreed timeframes (typically 3-5 business days)
Consolidate feedback from internal stakeholders before providing to Designer
Make decisions in a timely manner to avoid project delays
Failure to provide timely feedback may result in project timeline extension without reduction in fees.
3.3 Scope Changes
Any requests that fall outside the agreed scope will be discussed and may require additional fees or timeline adjustments. Scope changes must be agreed upon in writing.
4. Cancellation and Refunds
4.1 Foundation Program Cancellation
Client may choose to stop the Foundation Program after any payment milestone. Upon cancellation:
Client retains all deliverables provided up to that point
No refund is provided for payments already made
No further payments are required
All work in progress becomes property of the Client in its current state
4.2 Ongoing Design Support Cancellation
Either party may cancel Ongoing Design Support with 2 weeks' written notice. Upon cancellation:
Client is responsible for payment through the notice period
Any work in progress at time of cancellation is delivered in its current state
No refund for the current billing period
4.3 Designer-Initiated Cancellation
Designer reserves the right to terminate services if:
Client fails to pay invoices after 30 days
Client repeatedly fails to provide required materials or feedback
Client behavior is abusive, threatening, or unprofessional
Project scope changes fundamentally from what was agreed
In such cases, Designer will provide written notice. Client remains responsible for payment for all work completed.
5. Intellectual Property
5.1 Ownership of Deliverables
Upon full payment, Client receives a perpetual, worldwide, non-exclusive license to use all final deliverables for their business purposes.
"Final deliverables" means design files, websites, graphics, and other materials explicitly delivered as project outputs.
5.2 Designer Retention of Rights
Designer retains:
Copyright to the creative work and design process
Right to display work in portfolio, case studies, and marketing materials (unless confidentiality is separately agreed)
Ownership of design methodologies, templates, and processes
Rights to any pre-existing materials, stock assets, or tools used
5.3 Third-Party Assets
Client is responsible for obtaining licenses for any third-party assets (fonts, stock photos, illustrations, etc.) used in the final deliverables. Designer can advise but does not provide licenses unless explicitly stated.
5.4 Work in Progress
Sketches, drafts, concepts, and other work-in-progress materials remain property of Designer unless delivered as final work and paid for.
6. Revisions and Changes
6.1 Foundation Program Revisions
Foundation Program includes structured revision rounds at each payment milestone:
Feedback is incorporated into the next iteration
Major direction changes outside the agreed scope may require additional fees
Revisions are not unlimited; scope is defined in project brief
6.2 Ongoing Design Support Revisions
Ongoing Design Support includes iterative refinement within the agreed monthly hours. Revisions are incorporated as part of ongoing work.
6.3 Post-Delivery Changes
Changes requested after final delivery and project closure are considered new work and billed separately.
7. Confidentiality
7.1 Client Confidentiality
Designer agrees to keep confidential any proprietary information, business plans, or sensitive data shared by Client during the engagement.
Confidential information does not include:
Information already public
Information independently developed by Designer
Information required to be disclosed by law
7.2 Portfolio and Case Studies
Unless otherwise agreed in writing, Designer reserves the right to:
Display completed work in portfolio
Publish case studies describing the project and outcomes
Use Client's name and logo in marketing materials
Client may request confidentiality by providing written notice. Designer will honor such requests.
8. Limitation of Liability
8.1 No Business Outcome Guarantees
Designer provides design services only. Designer does not guarantee:
Business success, revenue, or fundraising outcomes
Specific conversion rates, traffic, or user engagement metrics
Technical performance of websites or applications
Compatibility with all devices, browsers, or future platform changes
8.2 Limitation of Damages
Designer's total liability for any claim arising from services provided is limited to the total fees paid by Client for the specific engagement.
Designer is not liable for:
Indirect, incidental, or consequential damages
Lost profits, revenue, or business opportunities
Damages caused by Client's use or modification of deliverables
Third-party claims arising from Client's business activities
8.3 Third-Party Services
Designer uses third-party tools and platforms (Figma, Framer, Notion, etc.). These services have their own terms and limitations. Designer is not responsible for:
Outages or technical issues with third-party platforms
Changes to third-party pricing or features
Data loss or security issues on third-party platforms
Client is encouraged to maintain backups of all deliverables.
9. Data Protection and Privacy
9.1 GDPR Compliance
Designer complies with the General Data Protection Regulation (GDPR) and German data protection law (BDSG).
9.2 Data Processing
In the course of providing services, Designer may process Client data including:
Contact information (name, email, company)
Project files and materials
Communication records
Designer processes this data solely for the purpose of delivering services and does not share it with third parties except as necessary to provide services (e.g., hosting on Framer, file storage in cloud services).
9.3 Data Retention
Designer retains project files and communication records for up to 2 years after project completion for potential future collaboration or reference. Client may request deletion of data at any time.
9.4 Client's Privacy Policy
If Designer builds a website for Client, Client is responsible for implementing their own privacy policy, cookie consent, and GDPR compliance measures. Designer can advise but does not provide legal compliance services.
10. Warranties and Disclaimers
10.1 Designer Warranties
Designer warrants that:
Services will be performed with reasonable skill and care
Work delivered is original or properly licensed
Designer has the right to grant licenses described in these Terms
10.2 Disclaimers
Designer does not warrant that:
Deliverables will be error-free or bug-free
Websites will be compatible with all browsers, devices, or future platform updates
Design will achieve specific business outcomes
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Force Majeure
Designer is not liable for delays or failure to perform due to circumstances beyond reasonable control, including:
Natural disasters, pandemics, or acts of God
War, terrorism, or civil unrest
Government restrictions or regulations
Internet or telecommunications failures
Third-party platform outages
In such cases, timelines will be extended reasonably, and Designer will communicate proactively about impacts.
12. Dispute Resolution
12.1 Good Faith Resolution
Both parties agree to attempt to resolve any disputes through good faith discussion before pursuing formal action.
12.2 Mediation
If direct resolution fails, parties agree to attempt mediation through a mutually agreed mediator before litigation.
12.3 Governing Law
These Terms are governed by the laws of Germany. Any disputes will be subject to the exclusive jurisdiction of the courts of Berlin, Germany.
13. General Provisions
13.1 Entire Agreement
These Terms, together with any signed project proposal or statement of work, constitute the entire agreement between the parties and supersede all prior discussions or agreements.
13.2 Amendments
Designer may update these Terms from time to time. Updated Terms will be posted on the website with a revised "Last updated" date. Continued engagement after updates constitutes acceptance.
For ongoing engagements, material changes will be communicated to active clients with 30 days' notice.
13.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full effect.
13.4 Assignment
Client may not assign or transfer rights or obligations under these Terms without Designer's written consent. Designer may assign obligations to subcontractors as necessary to deliver services.
13.5 Independent Contractor
Designer is an independent contractor, not an employee or agent of Client. Designer is responsible for their own taxes, insurance, and business expenses.
4. Contact
For questions about these Terms:
Felix Dorner / First Form Design
Email: hello(at)firstformdesign(dot)com
Address: Schenkendorfstr. 4, 10965 Berlin, Germany
By engaging our services, you acknowledge that you have read, understood, and agree to these Terms of Service.