I accept Cash, Check (ACH) (preferred), Paypal, and Credit Cards.
COMPENSATION: A deposit is required to commence work. Project commencement date shall be the date of first payment. From that point on, time and expenses will be applied against deposit until expended at which point additional deposits will be due immediately to continue work. Designer will provide Client with a statement of fees, costs, and expenses. Time and Expenses incurred beyond the amount rendered shall be due in full immediately upon request. Billable time includes all time expended by Designer towards the development and completion of Work, and may include, but is not limited to, concept development, on-site meetings, screen sharing sessions, phone calls and emails with client and vendors, research, design, image/font searches, editing, text input, image editing, file and materials management. Expenses incurred on behalf of Client are not included in any fees and will be billed to Client and may be marked up at the discretion of Designer. Expenses may include, but are not limited to, printing, duplication, manufactured product, stock art licenses, travel, storage supplies including hard drives and storage containers, payments made to outside vendors and subcontractors, and shipping and handling costs. On-site visits will be billed for meeting time and roundtrip travel time/expense.
PAYMENT: Payment shall be rendered via check/ACH or Paypal/Credit Card. Returned payments are subject to a $25 service charge per payment plus all collection/overdraft charges. Designer shall have a lien on all client’s materials until full payment for any due or outstanding account is received. Mississippi residents add sales 7% tax (or current rate) – a copy of your signed tax exemption certificate is required to be nontaxable. Client is responsible for all state sales tax and other state/Federal tax requirements. Full payment in advance required for drop shipment or to release product. Payments not received by due date will result in work cessation. Designer reserves the right to refuse completion or delivery of work until past due balances are paid. Monthly late charges of $10.00 or 1.75% (APR of 21%), whichever is greater, will be assessed on unpaid balances every 30 (thirty) days from the invoice date. In the event suit is instituted to collect amounts owing to Designer and a judgment is rendered in Designer’s favor, Client agrees to pay all collection costs including court fees, interest, travel costs, and attorney fees.
CLIENT SUPPLIED MATERIALS: Client will provide text, mock ups, high resolution photos, logos, etc., necessary to complete project unless otherwise requested. Source material must be clear and legible. When client supplies final files, client shall be responsible for any cost incurred adapting supplied files to proper specifications. Finished printed materials supplied by customer which don’t meet size specifications may be subject to a manual insertion charge or alteration fees. Designer is not responsible for missing type or incorrect color reproduction on any material supplied by customer.
All tapes, masters, files, artwork, photos, etc., furnished to Designer by the client remain the property of the client. Native artwork, fonts, plates, and computer files including native files (Indesign, Photoshop or other design software, fonts, layouts, used or unused concepts, etc.) created by Designer shall remain the exclusive property of Designer unless otherwise agreed to in writing.
Copyright. Client assumes full responsibility for the ownership rights and licensing of any content provided to Designer. Client must have permission from the owner of the copyright (if it’s not Client) of any materials printed or duplicated. Client cannot use photos, artwork, lyrics, sound recordings, etc., without explicit written permission from the owner. Designer assumes no responsibility for any copyright infringements of any kind.
CLIENT APPROVAL: Unless otherwise agreed to in writing, proofs will be provided to Client as digital files via email or ftp (such as Dropbox). Client assumes full responsibility for acceptance of work and services performed and agreed upon, as well as final proofing and accuracy. If project is canceled while in process, the client agrees to pay for all services and product rendered up to that time. Designer is not responsible for errors or omissions. Client is wholly responsible for proofing and approval of all artwork. Client assumes full responsibility for all printed matter produced once client has approved art. Client supplied materials (photos, drawings, etc.) will be returned at the request and expense of the client.
Because of differences in equipment, screens, processing, proofing substrates, paper, inks, pigments, and other conditions between color proofing and production press room operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery. Client understands that colors generated on a digital screen (computer, phone, tablet, etc.) cannot guarantee similar results in print or across devices.
DELIVERY: All shipments shall be made by UPS or Fedex Ground or other regular trackable carrier, non-priority delivery, unless other advance arrangements are made. Client is responsible for all shipping and delivery charges, including for returns or reshipments. All print and CD/DVD orders subject to 5% over or under run. Client will be billed for actual quantities shipped.
Designer will do everything possible to meet quoted delivery dates, however, these are only estimated dates of delivery. Designer disclaims liability for delays in delivery. Turnaround Time will vary and is not guaranteed.
MATERIALS AND PRODUCT STORAGE: Designer is not responsible for storage of any product or work materials. Designer shall have the right to dispose of said goods, including, but not limited to, public or private sale, destruction, public auction or wholesale distribution. Full payment will still be due. At such point all manufacturing parts become the property of Designer. Storage fees may also apply. While Designer will treat the client’s product and work materials with the utmost care, Designer specifically denies liability for any damage or loss due to fire, casualty, or negligence while the client’s materials are in the care, control, or possession of Designer.
CANCELLATION: Both parties accept that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Designer. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Designer retains ownership of all copyrights on original work created.
LIABILITY. Client warrants and declares to Designer, its factories and vendors that all authorizations necessary for lawful reproduction have been obtained for all provided material, notably in respect of copyright and other intellectual property rights and in respect of reproduction by manufacture, and further warrant and declare that such reproduction will under no circumstances infringe upon the rights of any other person or result in legal proceedings based on the infringement of the aforementioned rights or on any other unfair or illegal practice. The client shall indemnify and hold harmless Designer from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against Designer on grounds alleging that the said reproduction violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal rights, except to the extent that Designer has contributed to the matter. Client agrees to, at the client’s own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against Designer, provided that Designer shall promptly notify the client with respect thereto, and provided further that Designer shall give to the client such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
Designer limits liability to rerun or refund at its sole option, provided that products are deemed defective by virtue of workmanship or materials only. Actual rerun or refund will commensurate with actual quantity of goods returned. No product will be replaced or refund issued after 60 days of receipt of goods. Designer shall not be responsible for defects caused by other parties involved in the project. No merchandise may be returned without permission from Designer. Designer’s warranty in connection with any and all services performed, work done, or product finished shall be limited to the sales price of the merchandise and/or the services recited in the invoice. Claims for defects, damages or shortages must be made by client in writing within 10 days after delivery. 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. Designer’s liability shall be limited to stated price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost).
CONFIDENTIALITY: Designer acknowledges that she may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client separately in writing and in advance of the establishment of this contract, Designer may display materials and final work created for Client.
ACCEPTANCE OF TERMS: Client promises to pay for the services rendered by Designer for the Work as agreed upon. This Agreement shall be governed by and construed according to the laws of the State of Mississippi Governing Law, and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in the federal or state courts in Mississippi, and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts.