General Working Terms and Conditions
GENERAL WORKING AGREEMENT: This document defines the terms and conditions of our working relationship. All projects or services that Graphic Heart may be contracted to produce or provide for CLIENT will be subject to the following:
WORKING/BILLING PHASES: Based on our experience with long term designing projects, we have found that it is mutually advantageous to handle each project in logical working/billing phases.
Concept, revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of the project. Planning the work, cost estimating, and billing in several phases permits Graphic Heart and/or Client to adjust for such revisions or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were actually completed by Graphic Heart. For each project, the Client will receive a proposal/estimate outlining the project specifications and our proposed services and working/billing phases.
DEPOSIT/PAYMENTS/ESTIMATES: Client agrees to pay Graphic Heart in accordance with the terms specified in each estimate.
Deposit: we will begin work upon a Client’s approval of the written estimate and receiving a deposit in the amount of 10%-20% of the total amount of project. Your approval (written or oral) will constitute an agreement between us and an acknowledgment of our terms and conditions.
Said deposit is refundable (a) If the artist does not deliver artwork as agreed. (b) If the artist decides for any reason to terminate the relationship with the Client. The deposit is non-refundable for web design, but the domain name and hosting account will be turned over in the event of termination.
Payment: due in full upon receipt of artwork and/or site launch. Only low-resolution artwork will be released prior to full payment. If the project is done in phases payment will be due for each part project upon completion of each module. If the client refuses to pay for finished artwork and Graphic Heart has to hire an attorney to collect owed monies; Client is responsible for all court and attorneys fees and an additional 18% interest per annum.
Estimate: is valid for 30 days from the date on estimate. The client requested changes will be billed additionally. The client will be notified of any price changes. Billing will reflect the actual costs incurred.
OUT-OF-POCKET EXPENSES: Fees for professional services do not include outside purchases such as, but not limited to printing, photography, color printouts, laminating, illustrations, separations, shipping, and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to California sales tax unless (a) You are a nonprofit organization (b) The work is for resale and you have submitted a resale certificate to Graphic Heart.
REVISIONS AND ALTERATIONS – New work requested by Client and performed by Graphic Heart after the artwork is approved is considered a revision or alteration and additional cost will be incurred. Graphic Heart will submit a proposal/estimate revision to Client, and a revised additional fee must be agreed to by both parties before further work proceeds.
OVERTIME: Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, any outside suppliers such as service bureaus can charge a 100%-200% markup on overtime after 5:30 pm and weekends.
NATURE OF COPY: Client agrees to exercise due diligence in its direction to us regarding the preparation of materials and must be able to substantiate all claims and representations. The client is responsible for all trademark, service mark, copyright, and patent infringement clearances. The client is responsible for arranging, prior to publication any legal clearance on materials we prepare with Client’s Direction.
ERRORS AND OMISSIONS: It is the Client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Graphic Heart is not liable for errors or omissions. Graphic Heart will give each client the opportunity to review artwork and sign artwork authorization forms. Approval will be accepted with signature, e-mail or verbal response.
PROPERTY AND SUPPLIERS PERFORMANCE: Graphic Heart 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 materials. 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, Graphic Heart is not responsible for failure on the part of any outside vendor.
RIGHTS OF OWNERSHIP: Once a project has been delivered by us and is fully paid for by CLIENT, Graphic Heart will assign the reproduction rights of the design for the use(s) described in the agreement. According to the Copyright Law of 1976, the rights to all design work, including but not limited to photography and or illustration created by independent photographers or illustrations retained by Graphic Heart 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 Graphic Heart 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. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs the work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations, and similar media. We agree to store mechanical files for a period of 3 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
TERM AND TERMINATION: The term of this agreement will continue for work in progress until terminated by either of us upon 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, Graphic Heart will transfer to Client all personal property and materials for which you’ve paid. Any part of the project completed and approved must be paid in full within 10 days of the time of cancellation. CLIENT will indemnify and hold Graphic Heart harmless for any loss or expense (including attorney fees).
SOFTWARE: Graphic Heart uses software that has good industry standards and reputation. However, there is no expressed warranty or guarantee of outside vendors or software. Including WordPress and Plug-ins. Technology changes frequently and it is the client’s responsibility to perform updates as needed.