These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By purchasing logo 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”, Michelle Marin Design Studio LLC (DBA Michelle Marin) and the client purchasing the services.
ADDITIONAL FEES
Design Options ………….…….……………………………………………………….. $100/hour
If the client would like an additional design(s) exceeding what is included in their package, the client will be charged $100 per hour with a 2-hour minimum. The number of hours needed to complete an additional design option will vary per project.
Additional Round of Revisions ………….…….……………………….…….. $100/round
The client can purchase Round of Revision Sessions at $100 USD / ea.
Revisions Delay …..………………………………………………………………………. $50.00
Client must submit revision requests within 5 business days of receiving the design options. A $50 delay fee will be charged otherwise.
Questionnaire Delay………..……………………………………..…………………… $50.00
Client must complete the questionnaire in its entirety within 10 business days of signing this contract. A delay fee of $50 will be charged otherwise.
COMPLETION TIME
The design starts when the client completes their questionnaire in its entirety. Completion time may vary slightly per project based on the client’s responsiveness and the designer’s current workload.
REVISIONS
(a) Client must choose 1 design option before requesting their first round of revisions
(b) Once the client has chosen a design option, they may not select a previous option
(c) Client gets (1) rounds of revisions
(d) Upon receipt of designs, client has 5 business days (per each round) to provide designer with revision requests
(e) If the designer receives revision requests between 6-10 business days, a delay fee of $50 will be charged
(f) If the client does not submit revisions within 10 business days of receiving design from designer, the client accepts the design as is
(g) Client gets (1) revision session per round of revisions
(h) A “change” is a minor modification to an existing design
(i) Changes to an existing design which fall outside the parameters of minor modifications are considered a “redesign”
(j) Designer has full discretion in distinguishing between a “change” and a “redesign”
(k) If the designer defines the change(s) as a redesign, the client will be charged for an additional logo option
(l) All revisions must be submitted through the client’s provided form. No notes will be accepted via email.
(m) 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.
QUESTIONNAIRE
(a) Client agrees to complete the questionnaire in its entirety within 10 business days of purchasing design services and understands that no work will begin until its completion.
(b) If the questionnaire is received between 10-30 days of purchase, a $50 fee will be charged.
(c) If the questionnaire is not filled out within 30 days of purchase, the designer is released from designing the logo and moneys paid will not be refunded to the client.
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 proof 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.
CONTACT
Client understands that all communication will be via email.
Emails will be answered within 48 hours during the work week. The designer will respond to emails sent over the weekend and nationally observed holidays within 48 hours of the following business day. Any correspondence after 5pm EST/EDT on business days will be considered received the following business day.
CREDIT CARD AUTHORIZATION
Client authorizes Michelle Marin to charge the same credit card for and any additional fees including: additional design options, additional round of revisions, and delay fees.
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
If, after your project starts, invoices not paid within 21 business days, a 5% “delayed payment” fee will be charged until invoice + interest are paid in full and your project will be put on hold.
You will be charged for any bank fees due to bounced checks and will be responsible for late fees accrued over that time that the check was in the banking system. After 30 days of non-payment, the invoice will be forwarded to collections.
CANCELLATIONS
The designer may cancel the contract at any time for any reason.
If the project is cancelled for any reason, payment is due with the same terms, up to and including the phase of the project that is currently in progress. The designer will retain any work completed. All content provided by client will remain in client’s ownership.
WARRANTY, OWNERSHIP, & INDEMNIFICATION
(a) Client guarantees that any elements (graphics, photos, designs, trademarks, or other artwork) provided for inclusion in the logo 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.
(e) The client is given ownership to the print design that the client has given final approval on at project completion. All other print design concepts shall remain owned by the designer. If the client would like ownership of other printlogo design concepts, 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.
NONDISCLOSURE
You agree 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.
