TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
Approvals
The client will be ultimately responsible for final approval of all designs. Client will provide sign off on all major milestones as requested. It is important to make all final corrections before a website project goes live and/or print production commences to avoid delays and additional fees. Splendor Design Group, Inc. is not liable for proof reading the content provided and generated. Splendor Design Group, Inc. is not liable for any work that has been finalized and approved by the client and made live.
Verbal Authorization
Invoices will include (and the client shall be obligated to pay) fees or expenses that were verbally authorized. Including but not limited to changes to layouts and programming.
Completion / Delivery Dates
Any delay in the completion of a project due to external forces beyond Splendor Design Group, Inc.’s control (such as unusual transportation delays, unforeseen problems at a vendor site, computer/Internet related issues, holidays, bad road conditions, etc.), or actions and negligence of the client (ex: content delivery delays, delays in feedback and/or approval, etc.), shall entitle Splendor Design Group, Inc. to extend the completion/delivery date, upon notifying the client, by the time equivalent of such a delay.
In order to provide the best possible service at reasonable rates to all our clients, Splendor Design Group, Inc. sets forth the expectation that the client will deliver necessary content, feedback and change requests in a timely manner. If a project is delayed beyond 60 days after receipt of signed contract due to incomplete content supply or delayed response from client, client agrees to pay Splendor Design Group, Inc. remaining balance due, and Splendor agrees to complete the work when final materials and approvals are received.
Copyright Responsibility
It is the sole responsibility of the client to ensure that any intellectual property (artwork, programming code, etc.) client provides is owned by them in accordance with copyright laws. Splendor Design Group, Inc. cannot be held responsible for any copyright violations or resulting fees due to assets provided by the client.
Creative / Intellectual Property
Under U.S. copyright law, as creator of original artwork and design work, Splendor Design Group, Inc. will retain ownership of the original artwork pieces created for the client. The client shall retain ownership of the final product/implementation (ex: website, brochure print-ready files, etc). Splendor will retain copyright ownership, client will retain unlimited usage and reproduction rights, unless otherwise specified in a separate agreement.
Modifications
Modifications of the project agreement must be written, except invoices may include, and the client shall pay, fees/expenses that were verbally authorized. Requests for services outside of the scope of this project will require a Client-approved Change Order that specifies the additional scope and fees, if any.
Website Revisions, Changes and Ongoing Maintenance: (if Applicable)
The website will be tested by both the designer and the client prior to launch. Client will provide approval for site launch in writing. Once aproved, the site will be set “live”. After the site is live, there will be a 10 calendar day period during which any deficiencies, glitches or errors must be presented to Splendor Design Group, Inc. Splendor will then correct anything that was erroneously executed or overlooked. Change requests or additions that were not part of the original agreement and defined scope of work are not included in this stage.
After the 10 day period, any further work to be done on the site will be billed additionally, including upgrades, changes, edits, as well as errors, technology or platform changes, etc.
In other words, the site should and will work as designed at the time of launch. Fees assessed for initial design and development DO NOT INCLUDE unlimited support, upgrades, additions or maintenance for the lifetime of the website.
Because technology changes very rapidly, it is impossible to predict or plan for all possible scenarios during which the site may fail to operate properly. Such factors may include technology changes, virus infiltration, third party/outside vendor errors, etc.
Additional changes, revisions or maintenance beyond primary discussion or scope of work agreed upon to be billed at an hourly rate of $125 per.
Website Hosting – (If applicable)
Website hosting, DIFFERENT from website maintenance, is essentially “storage” of your website files on a server connected to the internet. Changes and updates to your website require a separate arrangement and fees.
Copyright Usage:
Artist grants client unlimited usage of all designed materials in print and on the web. All rights not expressly granted here are retained by the designer, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.
Limitation of Liability
Splendor Design Group, Inc. cannot be held liable for any consequential or special damages, such as profit losses. Splendor Design Group, Inc. cannot be held liable for any damages financial or physical due to design, printing or programming delays or issues.
Confidentiality
This proposal is confidential and not to be distributed. Additionally, this agreement serves as a nondisclosure agreement intended to protect original creative design work, as well as marketing methodology, from distribution and exposure. Preliminary logo, print and website drafts/layouts are to be kept confidential and their distribution to anyone other than client is prohibited.
Expenses
Out-of-pocket expenses will be subject to an industry-standard markup to cover time and costs involved. Any expenses expected to be above $50.00 will be discussed with the client. The client shall reimburse Splendor Design Group, Inc. for expenses arising from this project, including but not limited to: photography, fonts, digital proofs, postage, travel, sales tax (when applicable), shipping, hiring of contract writers/designers, software, web hosting, programmers, and printing fees. Items generated in-house, such as color/black & white output and DVDs/CDs, or royalty-free images from my collection, will be billed at a flat rate fee per item, established by Splendor Design Group, Inc.. Mileage may be billed at the IRS 2011 mileage rate of $0.51 per mile.
Pricing and Payment
Any production-based work client authorizes, either via email, written correspondence or verbally, shall be billed at the current production rate of $125 per hour. Splendor Design Group, Inc. reserves the right to adjust the current rate at any time, provided notice is given to client. Fees assessed and invoices provided to client for any production work are due upon receipt.
Larger-scale projects will be billed per project, depending on the scope of the work. Specific fees and payment terms will be detailed in individual project proposals. Half of the total amount due is required at the time this contract is signed. Final payment is required at the time of completion.
UNDER NO CIRCUMSTANCES WILL DESIGN FILES BE RELEASED TO EITHER CLIENT OR ANY THIRD PARTY UNTIL BALANCE OF ALL RELATED FEES IS PAID IN FULL. SIMILARLY, UNDER NO CIRCUMSTANCES WILL A WEBSITE BE LAUNCHED OR SET “LIVE” UNTIL THE ENTIRE BALANCE OF THE WEBSITE DESIGN AND DEVELOPMENT FEES IS PAID IN FULL. NO EXCEPTIONS.
FOR ANY AND ALL CUSTOM PRINT MATERIALS, NO ORDERS WILL BE PLACED OR PROCESSED UNTIL PAYMENT IN FULL IS RECEIVED AND CLEARED FOR THE ENTIRE BALANCE. BECAUSE OUR SUPPLIERS REQUIRE PAYMENT IN FULL BEFORE A JOB IS BEGUN, AND BECAUSE CUSTOM PRINT MATERIALS ARE OF VALUE ONLY TO THE CLIENT FOR WHOM THEY WERE DESIGNED, WE MUST INSIST THAT ALL PRINT MATERIALS BE PAID FOR UP-FRONT AND IN ADVANCE. NO EXCEPTIONS.
No final completed work will be delivered until final payment is received and cleared. A 5% monthly service charge is payable on all invoices over 30 days past due. Fees are non- refundable. Completed work that client has not yet approved for a time period beyond 15 days shall be billed entirely. There will be a $35.00 fee on all returned checks, plus any additional bank fees.
Cancellation Fees
In the event of cancellation of a project, a fee for work completed shall be paid by the client. The cancellation fee schedule is as follows: 50% of total project fee for preliminary work, concepts, or comps, 75% of total project fee after preliminary work but before completion, 100% of total project fee for completed work regardless of final approval. The ownership of all copyrights and original artwork, including designs & source code, and any other mockups, shall be retained by Splendor Design Group, Inc. Any usage by the client of any of the project elements will result in appropriate legal action.
Attorney’s Fees and Costs
In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement; the Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which Splendor Design Group, Inc. may become a party by reason of this contract.
Promotional Use
Splendor Design Group, Inc. may reproduce any design, artwork, or layout in promotional materials such as brochures, mailers, and websites, unless otherwise requested by the client. Splendor Design group, Inc. may use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, and marketing. Where applicable, the client will be given any necessary credit for usage of the project elements.
Credits:
Splendor Design Group kindly requests a credit line such as “Website by Splendor” be included on website. (If applicable)
Authorization
Written approval, signature on this document from the client, or payment of an invoice issued as a result of a quote or estimate, all constitute authorization from your company to proceed with the agreed upon project according to the terms described within this document and any accompany project-specific proposal or agreement. You are stating that you are a legally authorized representative and are agreeing to pay all fees incurred in the production of this project and that you agree to the Terms laid out here.
Miscellany
This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of New Jersey and courts of such state shall have exclusive jurisdiction and venue.