TERMS OF AGREEMENT
NOTE: Acceptance of these standard terms is required for all projects.
PRICING & PAYMENT TERMS: Projects are billed hourly or by-the-project, depending on the scope of the work. Flat-rate projects are generally billed in 50% increments. Specific fees and terms will be detailed in your project estimate. To receive a project estimate you must submit the specifications of your job. Invoices are due upon receipt unless otherwise noted / arranged. Fees are non-refundable.
PROJECT ESTIMATES: We make an effort to be as accurate and complete in our project estimates as possible. If it is necessary to go beyond the time allocated then we will notify you in advance as the time approaches. This happens only in the case where excessive changes are requested by the client. Additional time if required is billed hourly.
CLIENT SATISFACTION: The studio thrives on repeat and referral business – most of our clients have been working with us for a number of years and feel very comfortable referring friends, colleagues and peers. It is a top priority that clients’ expectations are not only met but exceeded.
THE PROCESS: With most print projects (logos, brochures, etc…) the client is presented with 2-3 different design options (if more or less options are desired please let us know and the estimate will be adjusted). The client and designer discuss these options and make decisions as to the direction of the piece. Based on these decisions the designer completes the layout/related work and presents the final piece to client for approval. Minor revisions are anticipated (1-2 rounds) at this point but major design /content changes may be beyond the scope of the estimate. Final client approval is received, final design fees are paid and printing fees are determined.
APPROVALS: Work in progress not yet approved by client beyond 30 days shall be billed.
PRINTING: Printing fees (if required) are generally billed in 50% increments: 50% when the files are released to the printer and the final 50% plus expenses upon delivery to client. We prefer to work with our printers but will gladly collaborate with a client favorite as long as they are technologically compatible and current. The designer’s time to oversee printing and to check proofs is billable if not included in estimate. If the client chooses to oversee printing themselves there is no print management fee, but Creative One Studios will not be responsible for the quality of the print jobs not managed by the designer. Printing fees may be subject to the industry-standard markup of 18% to cover time and costs involved or a flat fee may be charged.
PROOF APPROVALS: The CLIENT will be ultimately responsible for the final approval of all proofs. The designer will coordinate this with you and request you to “sign off”. It is important to make all final corrections BEFORE the files go to the printer to avoid delays and excess fees. Designer cannot be liable for any work given final approval by the client and released to the printer.
POSSIBLE EXPENSES: Out-of-pocket expenses may be subject to the industry-standard markup of 18% to cover time and costs involved. The client will always be notified to approve any expense over $30. The following is a list of possible standard expenses that clients should be aware of:
Standard Expenses for Print Projects:
- Major revisions requested late in the design process
- Royalty fees/usage rights for photographs or illustrations (if used)
- Hiring a proofreader
- Printing fees
- Proofs & Color Outputs
- High resolution image scanning (required for color printing)
- Disks, Shipping, and Courier Fees
LOGO RESEARCH / LEGAL: Please note that Creative One Studios does NOT offer or provide logo research or registration services. An attorney is recommended for this complex service. We do not assume responsibility or any liability in the event that a name, slogan, or design conflicts in any way with an existing name, slogan, or design. If this situation arises, we will provide adequate time at our expense to alter the logo in such a way that it no longer conflicts. This may be done up to 9 months from the completion of the original logo. It is highly advisable that clients research and register their COMPANY NAME with the US Patent & Trademark Office, by themselves or through a trademark attorney, and with their state / province, before proceeding with design services. The name should be thoroughly researched to ensure there are no similar or exact names that exist in the same industry. This is not legal advice but a recommendation to ensure efficiency.
COPYRIGHT OWNERSHIP: Under U.S. copyright law, the designer is the owner of all files and artwork created for the client, and client shall be the owner of the end product (i.e. a printed brochure). Release of electronic files to the client is at the discretion of the designer. Copyright ownership may be transferred for a flat fee via a “copyright transfer” contract.
CLIENT WARRANTIES: Client warrants that their supplied Properties (i.e. logos, images, etc…) will not knowingly violate any law or regulations or infringe upon or violate the copyright, trademark, or other proprietary right (s) or confidential information of any third party, or violate any right of privacy. If these representations shall be untrue or this warranty is breached, client agrees to hold harmless Creative One Studios, as well as any of its’ officers, directors, employees, and agents, from any and all liability, damages, losses, claims, actions, judgments, and costs, including attorney’s fees, arising as a result of any infringement upon the rights of a third party.
LIABILITY LIMIT: The studio’s liability for any job shall be limited to design fees paid. Creative One Studios cannot be held liable for any consequential or special damages such as profit losses.
PROJECT TERMINATION: If at any time client chooses not to complete their project the designer shall be compensated for all work to date.
PROMOTIONAL USE: Creative One Studios may reproduce any design, artwork, or layout in promotional materials such as brochures, mailers, web sites, etc. If you do NOT want your project(s) to appear in the studio’s promotional material please send a written request to the studio.