Artwork/Stationery/Illustration Terms:: Web Design Terms
Definitions- The client shall mean and refer to you, your, yours. The designer shall mean and refer to Elaine Biss Designs. , I, my, me.
1.Payment and fees
Immediate payment is preferred and required for projects under $750. However, clients on a waiting list may follow a fee schedule set by the designer of a 50% nonrefundable fee to start work and/or place the client on the waiting list. The 50% remainder of the total amount owed will be due when the project goes to print or when the final digital files are sent.
All payments are accepted through Propay.com and Paypal. E-Checks, personal checks and cashier`s checks will be held until cleared and will delay the client`s artwork, please keep that in mind. Deposits for work are at the discretion of the designer.
Cancellation and Kill Fees: There are no refunds upon cancellation. Upon cancellation or kill all rights to the art revert to the Designer and all original art must be returned, including sketches, comps, or other preliminary materials.
Defaulting on the payment schedule will cancel all the work on the artwork. Declining any part of the package offered will not lower the price. This contract is non-negotiable. All contracts shall be mailed or faxed in order for work to start, by email, or agreed to by electronic format, as agreeing to the terms and conditions tab on the survey shall create an electronic signature binding the client to this terms. If the client is working with another designer or firm prior to retaining the designer, please absolve the relationship with the other designer first! If a third party is involved, the designer will reserve the right to work with you.
The survey is very important because this is where the designer gets familiar with what the client does, the product and what the client`s ideas for the logo are. Be as detailed as possible. It will give the designer a better grasp of what styles you like. The survey is where the client should take the time to research styles, competitors and the market you plan to target. Once the survey is submitted, do not research it further. As you continue to research different styles and logos, your specifications will change each time. Your final logos will look different as the designer was guided by the specifications on your survey. It is imperative that you know what you want, otherwise you will need to wait to hire the designer.
3.Time Frame and Turnaround
The designer turns around is usually about 2 to 4 weeks for logos, stationery design, custom wedding design and print. Revisions delay completion of any project and are subject to the designer`s schedule. However, if you need artwork/design/printing before that time frame, the fees will be doubled. The revision process can and will delay completion. Any projects not finished within 60 days due to no fault of the designer shall incur a fee at the discretion of the designer.
Please keep in mind that the designer works Monday through Friday from 8:00 AM to 4:00 PM EST. The designer is not available during the weekends and evenings. You may contact her through email. Please, do not contact the designer outside business hours or on holidays. During the design process, the designer expects to have communication with you either by email or phone. You may contact the designer by phone only during business hours, at the discretion of the designer, or through email outside of business hours. Changes or any project specifications will not be taken by phone. An email must be generated to create a hard copy for the designer.
If you will be displaying your logo and/or artwork on your website, a link must be placed crediting the designer, regardless of print or ownership license. This link shall not be removed by the site owner or third party without express and written permission. Those found in violation will have their print/ownership licenses revoked for violating of this contract. Signatures can be removed for a fee at the discretion of the designer.
A credit line is required independent of Artist’s signature, which shall be included at Designer’s discretion unless otherwise agreed in writing above. Editing the logo or illustration is strictly prohibited. That includes but not limited to editing through any type of software which distorts or changes the artwork from its original state or any edited artwork by anyone else except the designer, is subject to copyright infringement, and will be asked to be taken down. You are not allowed to provide the artwork to another designer unless prior arrangements have been made. All artwork rendered will be displayed in The designer`s portfolio as a reference. All artwork not chosen by the client, remain a property of the designer. Any concepts provided by the client, remain their property.
Any concepts, ideas, color schemes that the designer created are the property of the designer and a client agrees to a Nondisclosure Agreement for Idea Submission. Any prototypes submitted to the client by the designer, that are submitted to another undisclosed third party designer, for the purposes of re-creating, derivation or publication of another artwork similar to the one rendered by the designer, is subject to copyright infringement and will be prosecuted to the full extent of the law.
The license means you are granted permission to use an agreed upon image for a specific business venture or personal use. Each license is unique to meet the requirements of the licensee.
Any work that is found abandoned, licensed or not, the ownership will return to the designer. License agreements are non-transferable. Any work found on someone else`s site other than the client will be the subject of copyright infringement. Reselling your business does not entitle the new owner to the artwork. They would have to purchase a new licensing agreement with the designer. All work rendered by the designer falls under Licensed Work. You may buy out the designer for a royalty fee or a flat fee at the discretion of the designer.
All work rendered by the designer is considered licensed, with the exception of logo artwork. All licensed artwork is the property of the designer.
Revisions are any modification, alteration, or changes done to your logo, artwork that will alter its original state, either in a digital format or prior to printing. All logo/Illustrations have 3 revisions. If you need more revisions, a fee at the discretion of the designer will apply. This is non-negotiable and logos/artwork will not be revised unless this fee is paid. Canceling the work, you will NOT be entitled you to any refunds. Business Card/Postcard/Letterhead/Hand Tag have 3 Revisions. Layouts of the Business Card/Postcard/Letterhead/Hand Tag will be chosen by the designer based on the design. Any misspelling errors due to no fault of the designer will incur a fee.
If the client emails the designer 3 modification requests in one email, the designer counts it as one revision request. If the client emails the designer 100 modification requests in one email, the designer counts it as one revision. All revision request must be emailed. Any emails following the request will be considered a separate revision request and it will be treated as such, no exceptions. Keeping your requests together will save the client and the designer time.
7.Extra Work Outside of the Outlined Agreement
Any and all extra work will be discussed prior to the agreement, outlined, estimated, amended and agreed upon and paid in full before rendering the work. No data entry or picture editing shall be done by the designer.
Please keep in mind that all design work is custom work and the client is paying for the designer`s time which cannot be refunded. Therefore refunds will not be issued. All the artwork ownership returns to the designer. Usage of said artwork/concepts will result in legal action.
The clients agree to indemnify the Designer from any penalty, legal fees and damages occurring from any lawsuit or claim of copyright infringement from any third party in included but not limited to damages, costs, expenses, and attorneys’ fees, incurred by reason of any breach of the clients` warranties provided herein; or any acts or omissions of the client, its agents, contractors, or employees, arising out of this Agreement. If any action or proceeding is brought against the Designer by reason of any such claim, the client (upon notice by Designer) shall defend the same at Agency’s expense by counsel reasonably acceptable to Designer.
Any matter needing legal attention will be forwarded to the designer`s attorney. His contact information will be provided upon request. Any and all matters will be litigated in the State of Oklahoma.
Elaine Biss Designs will not sell, share or compromise your private information, payment information, electronic and street mail addresses. All information transmitted to Paypal and 2checkout.com is encrypted. 2checkout.com never shares sensitive or identifying information with anyone. Information disclosure will only be made available to law enforcing agencies in legal matters and to comply with the Patriot Act. Information will NOT be disclosed to any individual regarding transactions, phone calls, electronic communications, work rendered, agreements entered into, or any matter as long as the client is a client of Elaine Biss Designs. You are bound to this contract to not disclose with any individual regarding transactions, phone calls, electronic communications, work rendered, agreements entered into, or any matter as long as you are a client of Elaine Biss Designs unless the individual is your legal counsel and you are seeking his counsel.
Client Signature________________________________________ Date_______________________________
Name of Business_________________________________________________________________________
Bausman, PA 17504
BY USING THIS FORM I ACKNOWLEDGE THAT I HAVE READ AND AGREE TO THE TERMS OF SERVICE ABOVE. I ALSO ACKNOWLEDGE THAT I AM DIGITALLY SIGNING THIS DOCUMENT BY USING THE FORM BELOW.