PAYMENT OF FEES. Fees are due & payable on the following schedule: 50% deposit, 50% upon completion. Payment of a 50% Deposit is due upon approval of the project outlined in your estimate. Deposits are NON REFUNDABLE. This is not negotiable. No work commences until Initial Deposit is received by DESIGNER. IF you decide to change your company name, we are not responsible for doing a new job for you for free, this is also not negotiable. If we do not hold up our end of the agreement and do not provide you with the designs outlined in the estimate and email agreement then you are entitled to a refund. Payment in full is due before final website is uploaded, files are provided or printed materials are shipped out. We reserve the right to refuse completion or delivery of work until past due balances are paid. We are a VERY fair and generous and pride ourselves on going above and beyond on every project to make it work.
PROPERTY RIGHTS. No DigiBoh Design Studio graphics may be used by any other designers without permission. There is a $250 charge to hand over our artwork to other designers to profit from. The elements of design work for the project remain DigiBoh Design Studio property whether or not the project is executed. If client chooses to terminate the project at any time in the future, DigiBoh Design Studio reserves the right to retain the rights for usage. This means, you own your finished product but we reserve the rights to the 'ingredients' used to create your images including fonts, illustrations (unless custom ordered) patterns, stock art, textures, color combos & shapes. According to the Copy right Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by DESIGNER, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with DESIGNER and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated.
* We suggest you copyright and trademark your custom done artwork. We recommend contacting your local copyright lawyers.
LIEN. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until payment has been made in full by the CLIENT.
NATURE OF COPY . You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.
REVISIONS AND ALTERATIONS. Please send us your final text for website’s or any graphical work. New work requested by CLIENT and performed by DESIGNER after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.
**Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
APPROVAL OF FINAL ARTWORK. The CLIENT shall proofread & approve all final type before the production of artwork. Final proof will include artwork, size, shipping address & quantity. The email verification of the Client/Client’s Representative shall be conclusive as to the approval of all artwork, drawings & other items prior to their release for printing or web upload. DigiBoh Design Studio does not offer proofreading, editing or copy writing. Your signature or that of your authorized representative is required on all artwork prior to release for printing or other implementation. NO refunds or reprints are given after a final approved design has gone to print.
RUSH FEES. Knowledge of your deadlines is essential to provide an accurate estimate. Any job that is pushed ahead of regularly scheduled jobs for emergency purposes will have an automatic rush fee added of $250 for all types of card designs. Booklets, Menus, Brochures the rush fees are $300 & up. Websites start at $500. Generally we do not accept rush jobs.
OWNERSHIP. All drawings, artwork, specifications, & other visual presentation materials remain the property of the DESIGNER to show in printed or online portfolios for the length of the lifetime of the artist. All preliminary concepts & visual presentations produced by the DESIGNER remain the property of the
DEIGNER & may not be used by the CLIENT without the written permission of the DESIGNER. Final artwork & concepts may not be given to other artists to alter, reproduce or post online in any way without express permission of DigiBoh Design Studio.
OVER RUNS AND UNDER RUNS. The CLIENT will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. The DESIGNER will bill for actual quantity delivered within this tolerance. If the CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
CLIENT OWNED ARTWORK. The Designer shall retain all artwork, drawings, & specifications, for which reproduction rights have been granted for a specified period from the date of the signing of this Agreement. Upon expiration of this period, usually lifetime of client, all such materials may be destroyed unless the Client has requested, in writing, that they be retained & agrees to pay reasonable storage charges. The Client shall have reasonable access to all such materials for the purpose of review. The specified time for the Designer to retain such materials shall be two years.
THIRD PARTY SHIPPING. In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, the designer will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
CREDIT. The DESIGNER shall have the right to include a credit line with live link to DigiBoh Design Studio website on any website developed by DigiBoh Design Studio at the very bottom of each page or in any publication of the design by the CLIENT. The CLIENT shall not, without written approval, use the Designer’s name for promotional or any other purposes with respect to these designs.
LIABILITY OF DESIGNER. The DESIGNER shall take reasonable precautions to safeguard original or other materials provided by the Client. The DESIGNER shall, however, not be liable for any damage to, or loss of any material provided by the CLIENT, including artwork, photographs, or manuscripts, other than or on account of willful neglect or gross negligence of the DESIGNER. Although DigiBoh Design Studio may recommend that the client utilize the services of various trades’ people, DigiBoh Design Studio shall have no liability for payment to these trades’ people, nor shall DigiBoh Design Studio have liability as a result of any services or product or materials by said trade’s people. The DESIGNER is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment. DESIGNER will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, DESIGNER is not responsible for failure on their part.
SEARCH ENGINES. DigiBoh Design Studio is not responsible for your search engine promotion or marketing of any kind. However, we can create ads formatted for online.
TERMINATION. Either party may terminate this Agreement upon giving written notice to the other as specified below. Upon termination the DESIGNER may retain any initial payment & the CLIENT shall pay the DESIGNER for all hours expended on the Project, up to the date of termination, at the DESIGNERS standard rates together with all other amounts due hereunder. The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result.
Upon termination of this agreement, DESIGNER will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold DESIGNER harmless for any loss or expense (including attorney’s fees), and agree to defend DESIGNER in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to ascertain made against
CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
REFUNDS. Once a project has been designed in full according to the agreed upon project, no refunds are given after design has been approved. If more than the agreed upon number of layouts is provided along with revisions no deposit is refunded. If print color is poor, your order will be reprinted for you at no cost. Refunds for shipping & printing are not given.
PRODUCTION SCHEDULE. After deposit is given & project has been outlined, we will provide you will an estimated turnaround time. For websites this turnaround time is from the date we have ALL CONTENT FROM YOU. Without content from you, the design job can not be fully understood or planned out. If you decide to take a break from the project without informing DigiBoh Design Studio, & then pop back up a month later, we can not guarantee you will still be first in line for design work. We will do out best to work you back into the schedule as time permits. Clients that disappear longer than 2 months, the project will be cancelled. Production schedules will be established and adhered to by both CLIENT and the DESIGNER, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the CLIENT or the DESIGNER. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly.
CLAIMS PERIOD. Claims for defects, damages, and/or shortages must be made by the client in writing within a period of Three (3) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
ASSIGNMENT OF PROJECT. DigiBoh Design Studio reserves the right to assign subcontractors to projects to insure the right fit for the job as well as on-time completion.
MAINTENANCE. After completion of a website project, maintenance is billed at an hourly rate of $75 & billed at the first of each month. If the client or an agent other than DigiBoh Design Studio attempts updating the client's pages, we cannot be held responsible for the performance of the site, layout changes, etc. Time to repair web pages will be assessed at the hourly rate.
RECAP:
QUOTES ARE GOOD FOR 60 DAYS.
No DigiBoh Design Studio graphics are available for use without written permission.
No DigiBoh Design Studio graphics may be used by any other designers.
No DigiBoh Design Studio graphics are free for commercial use without written permission.
DEPOSITS (50%) ARE NON REFUNDABLE IF WORK DESCRIBED IN ESTIMATE HAS BEEN COMPLETED.
These policies are NON-NEGOTIABLE & apply to all jobs. |
