These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By purchasing design services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
This Agreement is between “The Designer”, Marin Design Agency LLC (DBA Michelle Marin) and the client purchasing the services.
PROJECT SUMMARY
The client has hired the designer to complete a project. View the specific terms of this project under the Project Terms. (link checkbox under this).
TIMELINE
The timeline depends on the client’s responsiveness throughout the process. The client understands that it’s his/her responsibility to fill out his/her forms provided in order to move on to the next phase of the project. In addition, if the client is late in completing his/her form or providing any content/feedback related to the project, the client’s project completion date will be pushed back depending on the designer’s current production schedule. View the specific client schedule terms of this project under the Project Terms. (link checkbox under this).
CLIENT DELAY/REINSTATEMENT
The client must complete each form and/or provide a response in the client portal to any correspondence from the designer within 2 calendar days to keep their project in “active” status and to avoid an automatic project cancellation.
If the client does not respond within (2) calendar days to any emails from the designer relating to giving feedback/revisions or completed his/her delivered form, the project will be cancelled without refund. And the following “Reinstatement” fees and conditions shall apply.
- Delay (2+ Days) The project will be automatically cancelled and no refunds are given. The designer, at their desecration may choose to reinstate the project for a fee of $500.
PROJECT EXPIRATION
This project automatically expires and is cancelled after 30 days of purchase. All work must be completed by then without exceptions. No refunds will be given once the project is expired.
PROJECT RUSH
If the client would like to have the project completed before the typical timeframe, the client will be charged a rush fee of 20% of the total, per each business day the project is completed before the typical timeframe. If the typical timeframe is a range, the rush fee will be calculated from the average of the range given.
PRICE AS AN ESTIMATE
(a) Price reflects the typical estimate price for a project in the given terms.
(b) The total cost of the project depends on the finished design, revisions requested by the client, and any additions to the project not otherwise agreed upon at project start.
(c) Additional services not originally agreed upon may be added for an additional fee and can be estimated after the change request is made.
PROJECT SCOPE DEFINITION
The scope of the project includes the services listed under “Project Summary” of your Service’s Terms. This defines the list of deliverables and what the designer will deliver to the client.
The client understands that this service does not include any services outside of what is listed in his/her Project Summary section.
DECISION MAKER
Client represents (1) primary decision-maker for project & must be present for all meetings.
DIGITAL FILES
Length of storage: All final files created for the client are stored by the designer up to (30) calendar days from the date that the designer supplied the files to the client.
Retrieval fee: There will be a nominal fee to retrieve and transfer any digital files after the project has been completed and after all files have already been supplied to the client.
PROOF READING COPY
It’s the Client’s responsibility to ensure all content is accurate before giving to the designer to input into any designs created. Additionally, the client is responsible for Proof Reading the design before it is approved. The designer is not responsible for errors found after the design has been approved.
COLOR
The designer cannot guarantee that colors in the design will appear consistently or accurately on the web as it’s impossible to control the way any given monitor screen is calibrated. It’s advised that the client calibrates his/her monitor before design meetings and/or reviewing designs to ensure he/she is viewing the most accurate colors.
CONTACT
If the client’s package includes meetings, client meetings can be scheduled with the designer by appointment via zoom video conferencing. All project communication is encouraged both via the client’s client portal and/or via a scheduled meeting.
The designer is not available on call via phone. Meetings can be scheduled by appointment with the designer. The designer will provide the client a link to schedule an appointment online via email.
Client portal communication will be answered within 3 business days during the workweek. The designer will respond to correspondence sent over the weekend and nationally observed holidays within 3 business days of the following business day. Any correspondence after 5 pm EST/EDT on business days will be considered received the following business day.
PAYMENT SCHEDULE
Before work begins, full payment is due. The project can be scheduled once the designer receives the payment. If additional services are added to the project, the payment is due upon receipt, and before the designer begins work on the additional services.
ACCEPTED PAYMENTS
The designer accepts all major credit/debit cards for payment (Visa, Mastercard, Discover, American Express). As well as Paypal payments. Checks, cash or money orders will not be accepted.
CREDIT CARD AUTHORIZATION
Client authorizes Michelle Marin to charge the same credit card used to purchase the client’s package for any additional fees including: additional revisions, client delay fees and rush fees.
ADDITIONAL FEES
In the event that additional services/fees are added to the project. The client will be charged for additional fees including: additional design options, additional revisions, rush fees, or anything not included in the client’s package. Any additional fees accrued (add-on services, changes in scope, late fees, etc.) are due in advance and before the designer begins work on the additional services.
REFUND POLICY
All sales are final. There are no refunds.
CHARGEBACK
(a) In the event the client does a chargeback, client agrees to pay all fees related to the charge back including, but not limited to collection fees and fees charge by the payment processing company.
(b) Client also agrees and understands that if a chargeback is made, they will be sent to collections to recoup all costs associated with the chargeback.
DELAYED PAYMENT
(a) If, after the project has commenced, any subsequent invoices are not paid within (30) calendar days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring (30) calendar day period until the full amount is received.
(b) After (60) calendar days of non-payment, the invoice will be forwarded to collections.
(c) Client shall pay all collection or legal fees caused by delayed payments.
(d) Payments will be credited to late payments first, then to unpaid balances.
(e) Designer will withhold delivery and
transfer of ownership of any current work if accounts are not
current or overdue invoices are not paid in full.
(f) All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.
CANCELLATIONS
ALL SALES ARE FINAL. Should the client want to cancel the project there are no refunds. All service fees are due immediately upon cancellation regardless of what stage of the project is in or what has been completed. This holds true even if the client cancels after the project is completed and whether or not the end product is delivered to the client. The designer will retain any work completed. All content provided by the client will remain in the client’s ownership.
The designer may cancel the contract at any time during the project if the designer doesn’t feel that the client is a good fit. If the designer chooses to cancel the contract, the designer shall refund the client the contract fee less the cancellation fee of 50% of the contract fee and the number of hours the designer has already logged.
WARRANTY, OWNERSHIP, & INDEMNIFICATION
(a) Client guarantees that any elements (graphics, photos, designs, trademarks, or other artwork) provided for inclusion in the web design are either owned by client, or that he/she has permission to use them. In addition, the client will hold harmless, protect, indemnify and defend the designer from any claim or suit arising from the use of such work.
(b) The designer guarantees that the work produced is original or properly licensed for commercial use. Before payment clearing, the designer retains ownership of all artwork.
(c) After full payment (including additional design options, additional changes, and delay fees) clearing for the project, full copyright is given to the client.
(d) The designer reserves the right to display and link to the completed project as part of the designer’s portfolio and to write about the project on websites, in magazine articles and books about graphic design upon receiving written consent from the client.
NONDISCLOSURE
The client agrees not to share any of the designer’s concepts, art, or work with outside designers or agencies unless you have purchased the artwork release from the designer. This includes, but is not limited to design concepts, sketches, proofs and design work. In addition, the designer will also keep the Client’s ideas, artwork or content confidential unless written consent has been granted by the Client to do so.
FORCE MAJEURE
Any delay in the performance by the designer is not be a breach of this Agreement if such delay arises out unforeseen events such as storm, flood, hurricane, strikes, work stoppages or slowdowns, sickness, death, epidemic or quarantine restrictions and/or unforeseen equipment failure.
LEGAL STUFF
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
ARBITRATION CLAUSE
Both parties do hereby agree to resolve, through binding arbitration, any dispute that arises among the parties from date of entering into the contract.
ENTIRE AGREEMENT
Just like a parking ticket, you can’t transfer this contract to anyone else without the designer’s permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. This contract is a legal document under exclusive jurisdiction of the courts of Tampa, Florida in the United States of America.
