terms and conditions
PRICING & PAYMENT TERMS
All expenses incurred to complete this order shall be the responsibility of the Client. The initial consulting fees will be applied and deducted from your project estimate. Payment for this project will be made according to the following schedule: Projects are billed hourly or by the project, depending on the scope of the work. Flat-rate projects are generally billed in 50% increments. Specific fees and terms will be detailed in your project estimate. To receive a project estimate you must submit the specifications of your job. Invoices are due upon receipt unless otherwise noted / arranged. Fees are non-refundable. Payment for all invoices due is upon receipt of designs. Designer fees quoted apply only to regular working hours—10 am to 6 pm, Monday through Friday. If the Client requests that project work be performed at times other that the stipulated office hours, additional overtime fees of $80.00 per hour will be charged, except for corrections necessary by the Designer. For any projects demanding less than a 48-hour timeframe, Rush Charges of $80 an hour will apply.
PROJECT ESTIMATES
All costs are estimates only. Any alterations by the Client of project specifications may result in price changes. This happens only in the case where the client requests excessive changes. Additional time if required is billed hourly. All additional costs that exceed the original estimate will be quoted to the Client, in writing, before the costs are incurred. The Designer does not have the authority to exceed the estimate without Client approval. The terms and conditions of this agreement are valid for only thirty (30) days. If the project is cancelled at any time, the Client is responsible for all expenses incurred to that point. Initial consulting fees will be applied and deducted from your project estimate.
CLIENT SATISFACTION
MIXED MEDIA thrives on repeat and referral business – most of our clients have been working with us for a number of years and feel very comfortable referring friends, colleagues and peers. It is a top priority that clients' expectations are not only met but also exceeded. If a dispute arises between the Designer and the Client over any term or condition agreed to in this agreement, the Client will be subject to pay reasonable attorney's fees if the dispute requires legal counsel.
THE PROCESS
With most print projects (logos, brochures etc.) the client is presented with 2-4 different design options (see project estimate; if more or less options are desired please let us know and the estimate will be adjusted). The client and designer discuss these options and make decisions as to the direction of the piece. Based on these decisions the designer completes the layout/related work and presents the final piece to client for approval. Minor revisions are anticipated (1-2 rounds) at this point but major design/content changes may be beyond the scope of the estimate. Final client approval is received, final design fees are paid, and printing fees are determined. The Designer's ability to meet the requirements of the production order and schedule is totally dependent on the Client's delivery of any and all materials needed to complete the project. (See attached Production Schedule.)
FOR WEB DESIGN PROJECTS
The process is similar: designer presents a site map along with 2-3 design options for client review; the client and designer discuss these options and make decisions regarding design and content. From here the actual web site "prototype" is developed. Upon completion of prototype designer uploads the web site for client to look at "live" on the web. After reviewing the website prototype, the client may request minor revisions to content (any major changes to the structure or design at this stage may be beyond the scope of the estimate). Final changes are made and the web site is made "live" on the web.
APPROVALS
Work in progress not yet approved by client beyond 30 days shall be billed.
PRINTING
Printing fees (if required) are generally billed through the printer, unless the Client requests MIXED MEDIA to oversee printing. MIXED MEDIA prefers to work with their printers but will gladly collaborate with a client favorite as long as they are technologically compatible and current. The designer's time to oversee printing and to check proofs is billable if not included in estimate. If the clients choose to oversee printing themselves there is no print management fee, but Mixed Media will not be responsible for the quality of print jobs not managed by the designer. Printing fees may be subject to the industry-standard markup of 15% to cover time and costs involved or a flat fee may be charged. If the Designer is requested to oversee printing, the printing costs will be required upfront, in full.
PROOFREADING
Designers are not trained proofreaders, and while every effort will be made to ensure accuracy it is recommended that the client hire the services of a professional proofreader BEFORE the job goes to press. MIXED MEDIA can gladly recommend one at a nominal rate. Web sites can be easily updated so proofreading is not as critical.
PROOF APPROVALS
The CLIENT will be ultimately responsible for final approval of all proofs. The designer will coordinate this with you and request you to "sign off.” It is important to make all final corrections BEFORE the files go to the printer to avoid delays and excess fees. Designer cannot be liable for any work final approved by client and released to printer.
POSSIBLE EXPENSES
Out-of-pocket expenses may be subject to the industry-standard markup of 15% to cover time and costs involved. The client will always be notified to approve any expense over $30. The following is a list of possible standard expenses that clients should be aware of:
Standard Expenses for Print Projects: 1) major revisions requested late in the design process 2) royalty fees/usage rights for photographs or illustrations (if used) 3) hiring a proofreader 4) time for designer to check proofs & time on press (if not included in estimate) 5) printing fees 6) proofs & color outputs 7) high resolution image scanning (required for color printing) 8) disks, shipping & courier fees.
Standard Expenses for Web Projects: 1) major revisions requested late in the design process 2) royalty fees/usage rights for photographs or illustrations (if used) 3) Internet Service Provider fees 4) domain name registration 5) ongoing web site maintenance (if requested by client).
LOGO RESEARCH / LEGAL
Please note that Mixed Media does NOT offer or provide logo research or registration services . An attorney is recommended for this complex service. We do not assume responsibility or any liability in the event that a name, slogan, or design conflicts in any way with an existing name, slogan, or design. If this situation arises, we will provide adequate time at our expense to alter the logo in such a way that it no longer conflicts. This may be done up to 9 months from completion of the original logo. It is highly advisable that clients research and register their COMPANY NAME with the US Patent & Trademark Office, by themselves or through a trademark attorney, and with their state / province, before proceeding with design services. The name should be thoroughly researched to ensure there are no similar or exact names exist in the same industry. This is not legal advice but a recommendation to ensure efficiency.
COPYRIGHT OWNERSHIP
Under U.S. copyright law, the designer is the owner of all files and artwork created for the client, and client shall be the owner of the end product (i.e. a printed brochure). Release of electronic files to the client is at the discretion of the designer. Copyright ownership may be transferred for a flat fee via a "copyright transfer" contract.
CLIENT WARRANTIES
Client warrants that their supplied Properties (i.e. logos, images, etc.) will not knowingly violate any law or regulations or infringe upon or violate the copyright, trademark, or other proprietary right(s) or confidential information of any third party, or violate any right of privacy. If these representations shall be untrue or this warranty is breached, client agrees to hold harmless Stephanie K. Anderson and MIXED MEDIA, as well as any of its' officers, directors, employees and agents, from any and all liability, damages, losses, claims, actions, judgments, and costs, including attorney's fees, arising as a result of any infringement upon the rights of a third party.
LIABILITY LIMIT
The studio's liability for any job shall be limited to design fees paid. MIXED MEDIA cannot be held liable for any consequential or special damages such as profit losses.
PROJECT TERMINATION
If at any time client chooses not to complete their project then designer shall be compensated for all work to date.
PROMOTIONAL USE
MIXED MEDIA may reproduce any design, artwork, or layout in promotional materials such as brochures, mailers, and on this web site. If you do NOT want your project(s) to appear in the studio's promotional materials please send a written request to the MIXED MEDIA.
NON-DISCLOSURE
MIXED MEDIA agrees to not use, disseminate, or disclose any client confidential information to any person, firm, or business. All web hosting, server or client passwords shall remain confidential between client and Mixed Media Creative Group, Inc.
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