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
Print Design
Includes:
— 1 Print Design
— 1 Round of Revisions
— 1 Final Design
— File Formats: 1 Print-Ready PDF
Note: See package for full deliverables list. The cost of printing is not included in the package. Please refer to the product information with full list of deliverables. Anything not specified of what’s included can be done for an additional fee.
CLIENT DEADLINES
Client will need to meet the following milestones/deadlines in order to keep his/her project in active status. The logo project must complete within 30 days of purchase. If client misses any of the following deadlines, the project will be cancelled without refund.
30 Day Timeline:
Complete Questionnaire:
Within 2 calendar days of purchase
Respond to the designer’s questions regarding your questionnaire:
within 2 calendar days
Approve design direction once designer sends to you for approval:
Within 2 calendar days
Provide feedback once designer sends the design options:
Within 2 calendar days
Respond to the designers question’s regarding your changes:
Within 2 calendar days
Provide feedback/approval once designer sends the revised logo:
Within 2 calendar days
CLIENT DELAYS/REINSTATEMENT FEES
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. If the client would like to reinstate the project, that may be done at the designer’s discretion for a reinstatement fee to restart the project.
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.
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.
Questionnaire Phase …………………………………………………………… Pre-Start
Client completes questionnaire. After the client completes his/her questionnaire in its entirety, the designer will send a “questionnaire” email(s) to clarify the client’s vision for the project. After this phase has completed, the project will proceed to the next phase.
Discovery Phase …………………………………………………………… Pre-Start
After the questionnaire phase is complete, there will be a discovery phase to ensure the designer understands the client’s requirements, specifications, and vision in order to design the best solution. After this phase has completed, the project will proceed to the next phase.
Design Phase ………………………………………………………… 5 business days
Upon receipt, the client has (1) business days to complete his/her provided “Design” form if the client would like the project to stay on time for completion. The client has up to (2) calendar days from the time the client received his/her form to avoid delay fees. The options form must be completed in entirety before the client can move to the next phase of the project. After the “Design” form is completed in its entirety, the project will proceed to the next phase.
Revisions Phase ………………………………………………………… 5 business days / round
The client has (1) business days to complete his/her provided “Revisions” form if the client would like the project to stay on time for completion.The client has up to (2) calendar days from the time the client received his/her form to avoid delay fees. The revisions form must be completed in entirety before the client can move to the next phase of the project. After the “Revisions” form is completed in its entirety and there are no more changes requested by the client, the designer will send the client a “final files” form. If the client elects to make more changes to the design, that can be done for an additional fee.
Final Files Phase …………………………………………………………… 5 business days
The designer will send the final files to the client via the client’s “Final Files” form within 5 business days from the time the client completes the Revisions Phase. After the client is supplied their “Final Files” form, the client has up to (7) calendar days from the time the client received his/her form to download his/her final files. After (7) business days, the download link automatically expires. The designer doesn’t guarantee file storage past (30) days. If the client would like the designer to resend the final files after the client has already been supplied with final files, the client will be charged a nominal “file retrieval” fee.
ADDITIONAL FEES
The client understands their package includes 1 final design. Additional design variations, layout variations, color variations, meetings, revisions, additional files, and add-ons not originally agreed upon in the deliverables of this contract can be added for an additional fee. Fees will be based on the designer’s currently hourly rate and calculated using time and half (Hr rate x 1.5).
DECISION MAKER
Client represents (1) primary decision-maker for project & must be present for all meetings.
QUESTIONNAIRE
(a) Client agrees to complete the questionnaire and content in its entirety within (2) calendar days of purchasing design services and understands that no work will begin until its completion.
(b) Questionnaires must be completed within (2) calendar days to keep their project in “active” status and to avoid an automatic project cancellation.
QUESTIONNAIRE CLARIFICATION
(a) The designer may send clarification to the client to further clarify the client’s questionnaire. This may include questions about the client’s desired concept or aesthetic.
(b) In the event that the designer sends an email to the client to clarify his/her questionnaire, the design will start after the designer receives a response to that message via the client portal. The client understands no work will begin until after the client has responded to the designer’s questionnaire message(s) and all the designer’s questions have been answered.
(c) The client must respond to the above email within (1) business day to keep his/her project on-time. The client has up to (2) calendar days from the time the client received his/her form to avoid delay fees.
(d) All design feedback must be submitted via the client portal link sent to the client.
DESIGN PHASE
(a) The client will be presented (1) Design Concept
(d) Client must select (1) design to start the revisions
(e) The client must complete his/her form within (1) business day to keep his/her project on-time. The client has up to (2) calendar days from the time the client received his/her form to avoid delay fees.
(f) All revision requests must be submitted via the Design Form. No design feedback will be accepted via email
REVISIONS
(a) Client must choose (1) option before requesting their first round of revisions
(b) Once the client has chosen a option, they may not select a previous option
(c) If the client’s package includes revisions, the client gets (1) complimentary round of revisions up to 5 changes per round.
(d) Client gets (1) revision form submission per each round of revisions
(e) All revision requests must be submitted via the Revision Form
(f) Every instance the client requests changes to the design and the designer completes those changes and presents those changes to the client is considered a completed revision session.
(g) The client must complete his/her form within (1) business day to keep his/her project on-time. The client has up to (2) calendar days from the time the client received his/her form to avoid delay fees.
(h) If the client has not given revision requests within that time-frame, the project will be delayed and completion date pushed back per each business day and depending on the designer’s current product schedule.
(i) A “change” is a minor modification to an existing design
(j) Revisions beyond 5 changes is considered a “redraw” or “redesign”
(k) Redraw fees are an additional fee.
(l) Once the client approves his/her design, no more revisions will be made to the design. Final files will be given to the client upon final payment clearing and final client approval. If the client would like the designer to make changes to the design after the project is finalized, the client can hire the designer to do so under a new contract and for an additional fee.
FINAL FILES
(a) Client will receive (1) final design
(b) The (1) final design will be sent in the following formats: PDF
(c) Additional variations of the design can be done for an additional fee.
(d) A variation of the design is defined as a small change to the file. This includes a change of color in the file. A different design option is not considered a variation.
(e) Additional options can be provided for an additional fee.
(f) The client will receive a link to download his/her files after any remaining balance is paid to the designer. The download link will be valid up to (7) calendar days from the time the link is sent to the client.
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.
FILE TYPE REQUIREMENTS
If the client has specific requirements for how project files must be prepared, the client agrees to send those requirements to the designer via the client’s questionnaire.
PROOF READING ARTWORK
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 artwork before it is approved. The designer is not responsible for errors found after the artwork has been approved.
COLOR
Due to differences in monitor and printer calibration, the color of a printed product will likely vary from what you see on screen or what prints on your printer. Additionally, colors will likely vary monitor to monitor AND printer to printer. If print color is a concern to the client, the designer advises the client order a “press proof” before printing in bulk.
PANTONE COLOR
PMS (which stands for Pantone Matching System) is a color system based upon over one thousand standardized ink colors.
The client is advised that his/her monitor is not a reliable way to proof colors for printing. And that the only way to truly know the way a Pantone color looks is by referring to a physical printed Pantone Sample or Pantone Color Book.
If the client would like a Pantone Color embedded in his/her final eps file. Or would like a Pantone color in his/her Brand Style Guidebook, The client is responsible for either:
(a) Securing a Pantone Formula Guide Book to compare the chosen color for their brand color(s) to the corresponding color(s) in his/her Pantone Formula Guide Book. And ensure the color chosen is as he/she would like. The Pantone Formula Guide Book is a book with all Coated and Uncoated Pantone Colors. Where the client can physically see the exact color as it will be printed. ($160.00 USD / Formula Guide Book)
(b) Or the client may secure a Pantone Simulator Print to ensure that the Pantone Color chosen for their brand is the correct color once printed. The Pantone Simulator Print is a digital print of up to (5) different Pantone Colors on up to (5) different types of common print surfaces / paper materials. ($15.00 USD / Pantone Simulator Color Sheet)
(c) Or the client may elect for the designer to select the brand color without the client securing the physical printed Pantone Color sample(s). And acknowledgement that colors may vary slightly from the screen to paper.
CONTACT
The designer can be reached via the client’s online secure client portal.
Emails and client portal communication will be answered within 3 business days during the work week. The designer will respond to emails sent over the weekend and nationally observed holidays within 3 business days of the following business day. Any correspondence after 5pm EST/EDT on business days will be considered received the following business day.
PAYMENT SCHEDULE
Before work begins, the client will pay his/her design fee. Full payment if required prior to work beginning on the project.
ACCEPTED PAYMENTS
The designer accepts all major credit/debit cards for payment (Visa, Mastercard, Discover, American Express). 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 concepts, additional revisions, 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. Payment for additional fees are due in advance, prior to rendering any more work, and before final files are delivered to the client.
AUTO PAYMENTS
In the event the client does not make full payment up front, the client agrees to allow the designer to set up auto payment using an automatic payment system tied to their establishment’s credit or debit card (4) weeks after the first initial payment.
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.
NON-PAYMENT
(a) After (30) calendar days of non-payment, this contract will automatically be cancelled. The full balance of the project is then due immediately. No refunds will be given.
(b) After (60) calendar days of non-payment all remaining balances will be forwarded to collections.
(c) 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.
(d) Client shall pay all collection or legal fees caused by delayed payments.
(e) Payments will be credited to late payments first, then to unpaid balances.
(f) 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.
(g) 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.
WARRANTY, OWNERSHIP, & INDEMNIFICATION
(a) Client guarantees that any elements (graphics, photos, designs, trademarks, or other artwork) provided for inclusion in the 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 ownership 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.
(e) The client is given ownership to the design that the client has given final approval and all invoices have been paid. All other design concepts shall remain owned by the designer. If the client would like ownership of other design concept(s), the client may gain the rights to use them from the designer for an additional fee and must enter into a separate contract for this ownership.
(f) The client it is his/her responsibility to protect their design by properly copyrighting and/or trademarking the design.
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.
TERMS & CONDITIONS SUBJECT TO CHANGE
Online terms and conditions are subject to change without notice. The terms and conditions in effect at the time of each new order or delivery shall be those on the website at the time of such order or delivery.
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.
