ESTIMATES ARE GOOD FOR 30 DAYS.
These policies are NON-NEGOTIABLE & apply to all jobs.
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We suggest you copywrite your custom logos for your own protection, we try our best to discourage people from downloading files off this site but there are people who find their way around it, so protect yourself legally.
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Payment. Payment of Deposit is due to begin the project outlined in your estimate. If we do our best and provide you with all the designs in the estimate, including a couple extra if you don't like any of your choices at all, Deposits are NON REFUNDABLE. This is not negotiable. IF you decide to change your company name, we are ont responsible for doing a new job for you for free, this is also not negotiable. If we do not hold up our end of the agreement and do not provide you with the designs outlined in the estimate and email agreement then you are entitled to a refund. We are a VERy fair and generous little group and pride ourselves on going above and beyond on every project to make it work.
Property
Rights. The elements of design work for the project
remain Phrizbie Design's property whether or not the project
is executed. If client chooses to terminate the project at any
time in the future, Phrizbie Design reserves the right to
retain the rights for usage. This means, you own your finished product but we reserve the rights to the 'ingredients' used to create your images including fonts, illustrations (unless custom ordered) patterns, stock art, textures, color combos & shapes.
We reserve the right to use stock images to create your design. Phrizbie Design covers all costs when stock images are used.
* We suggest you copywrite and trademark your custom done artwork. Template jobs MAY NOT be copywrited as we are the owners of these illustrations. We recommend www.trademarkbylaw.com & local copywrite lawyers.
Approval
of Final Artwork. The Client shall proofread &
approve all final type before the production of artwork. Final proof will include artwork, size, shipping address & quantity. The email verification
of the Client’s Representative shall be conclusive as to
the approval of all artwork, drawings & other items prior to
their release for printing, fabrication, or installation. Phrizbie
Design does not offer proofreading, editing or copy writing. NO
refunds or reprints are given after a final approved design has
gone to print.
Rights.
Other than for the promotional use of the Designer, all services
provided by the Designer shall be for the
exclusive use of the Clients said purposes ONLY. Designs may not
be used for other promotional items, website or printed materials
without permission. Upon payment
of all fees & expenses, reproduction rights for all approved
final designs created by the Designer for this project shall be
outlined in the original estimate. For further usage, price will
be based on a case by case basis.
RUSH FEES.
ANy job that is pushed ahead of regularly scheduled jobs for emergency purposes will have an automatic rush fee added of $250 for all types of card designs. Booklets, Menus, Brochures the rush fees are $300 & up. Websites start at $500. Generally we do not accept rush jobs.
Ownership.
All drawings, artwork, specifications, & other visual presentation
materials remain the property of the Designer to show in printed or online portfolios for the length of the lifetime of the artist. All preliminary concepts & visual presentations produced by the Designer remain the property of the Designer & may not be used by the Client without the written permission of the Designer. Final artwork & concepts may not be given to other artists to alter, reproduce or post online in any way without express permission of Phrizbie Design.
The Designer shall retain all artwork, drawings, & specifications, for which reproduction rights have been granted for a specified period from the date of the signing of this Agreement. Upon expiration of this period, usually lifetime of client, all such materials may be destroyed unless the Client has requested, in writing, that they be retained & agrees to pay reasonable storage charges. The Client shall have reasonable access to all such materials for the purpose of review. The specified time for the Designer to retain such materials shall be two years.
Credit.
The Designer shall have the right to include a credit line with
live link to Phrizbie Design website on any website developed
by Phrizbie Design at the very bottom of each page or in any publication
of the design by the Client. The Client shall not, without written
approval, use the Designer’s name for promotional or any
other purposes with respect to these designs.
Liability
of Designer. The Designer shall take reasonable precautions
to safeguard original or other materials provided by the Client.
The Designer shall, however, not be liable for any damage to,
or loss of any material provided by the Client, including artwork,
photographs, or manuscripts, other than or on account of willful
neglect or gross negligence of the Designer. Although Phrizbie
Design may recommend that the client utilize the services of various
trades people, Phrizbie Design shall have no liability for payment
to these trades people, nor shall Phrizbie Design have
liability as a result of any services or product or materials
by said trades people
Payment
of Fees. Fees are due & payable on the following
schedule: 50% deposit, 50% upon completion. Payment in full is due before final website is uploaded, files are provided or printed materials are shipped out.
Search
Engines. Phrizbie Design is not responsible for your search engine promotion or marketing of any kind.
Termination.
Either party may terminate this Agreement upon giving written
notice to the other as specified below. Upon termination the Designer
may retain any initial payment & the Client shall pay the Designer
for all hours expended on the Project, up to the date of termination,
at the Designer’s standard rates together with all other
amounts due hereunder.
Refunds.
Once a project has been designed in full according to the agreed
upon project, no refunds are given after design has been approved.
If more than the agreed upon number of layouts is provided along
with revisions no deposit is refunded. If print color is poor,
your order will be reprinted for you at no cost. Refunds for shipping
& printing are not given.
Timelines. After deposit is given & project has been outlined, we will provide you will an estimated turnaround time. For websites this turnaround time is from the date we have ALL CONTENT FROM YOU. Without content from you, the design job can not be fully understood or planned out. If you decide to take a break from the project without informing Phrizbie Design, & then pop back up a month later, we can not guarantee you will still be first in line for design work. We will do out best to work you back into the schedule as time permits. Clients that disappear longer than 2 months, the project will be cancelled.
Maintenance. After completion of a website project, maintenance is billed at
an hourly rate of $75 & billed at the Kist of each month.
RECAP:
NO Phrizbie Design graphics are available for use without written permission.
No Phrizbie Design graphics may be used by any other designers.
No Phrizbie Design graphics are free for commercial use without written permission.
Policies apply to each & every job with Phrizbie Design 1997-2008
