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.
PRINTING SUMMARY
Please refer to your quote email with full list of specifications. The client must proof read and approve artwork prior to print production. If the client would like to see a sample of paper stock or finished artwork before production, that can be done for an additional fee. Any changes to the printing specifications will require an updated quote and a new contract. The quote provided is a one-time service. Anything not specified of what’s included can be done for an additional fee.
CLIENT DEADLINES
Client must approve artwork prior to print production. Please refer to your quote email for timeline on printing.
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.
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.
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/artwork is accurate prior to printing. 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.
