Terms of Services Cre8tion 80 Graphics, LLC
1. Terms of Services
These are the standard terms and conditions of Cre8tion 80 Graphics, LLC (“the Designer”). Please read these terms and conditions before you (“the Client”) commence a project with the Designer. These standard terms and conditions are subject to any specific terms agreed to in writing between the Client and Designer, such as in a Letter of Engagement.
2. Accepting Proofs
The Client is responsible for accepting proofs. Accepting a proof, accepts all aspects of the proof, including design, spelling, grammar and quantity. The Client’s accepted proof is what will be printed and or published. The Designer will not be responsible for any errors that were not corrected by the client on the Proof.
3. Indirect Losses
The Designer is not liable in contract or any other law/s to compensate the client for any: (a) increased costs or expenses; (b) loss of profit, contracts or business; (c) loss of damage claim by a third party; or (d) loss or damage caused by the Designer’s failure to complete or delay in completing the work.
4. Clients Property
The Designer will exercise due care in handling or storing the Client’s property. Subject to Clause #3, The Designer will not be liable for damage or destruction of the Client’s property in the Designer’s possession unless the damage or loss is caused by the Designer failing to exercise due care in handling or storing the property.
5. Non-Excludable Rights
The Client and the Designer acknowledge that, under applicable laws, certain conditions and warranties may be implied in these Terms and Conditions.
6. Color Variations
The Client acknowledges that, with all printing, there may be some color variation between what the Client sees on screen and what the final product looks like. There will be no reprints at the Designer’s expense due to color variations.
7. Unforeseeable Events
The Designer will have no liability to the Client for any loss, damage or expense caused by the Designer’s failure to complete or deliver goods or services under circumstances that is beyond the Designer’s control. These circumstances include, but are not limited to, flood, theft, strike, power outage, computer hacking, hardware malfunction, or an inability of the Designer’s normal suppliers to supply necessary materials.
Web Hosting, technical assistance & maintenance
8 Client selects web host
If the Client selects the web hosting company themselves, the final site will be uploaded to the Client’s host company or supplied on disk at the Client’s cost.
9 No responsibility for ISP
The Designer accepts no responsibility for delays or down time, breakdown, or data loss caused by the Internet Service Provider (ISP).
10 No responsibility for hacking
The Designer accepts no responsibility for any hacking, malicious code or illegal activities of a third party that affect the Client’s website.
11 Technical Assistance & Maintenance
The Client acknowledges that the Designer is in the business of Graphic Design and not IT support; the Designer does not undertake to provide technical assistance.
If the Designer is able to provide technical assistance and elects to do so, any assistance that takes less than 15 minutes will be free. Any assistance that takes more than 15 minutes will be charged at the Designer’s Hourly Rate.
12 Errors in website
The Designer will make best endeavors to ensure a website is bug and error free. However, the Client acknowledges that web sites cannot be guaranteed to be 100% error free in construction. Errors falling short of complete failure of consideration shall not constitute a reason to terminate the agreement.
Estimates, Quotes & Costing
The Client will be invoiced as agreed between the Designer and the Client, or otherwise at the end of the project. The Client must pay all charges as set out in the Invoice within 14 days unless otherwise specified.
Unless otherwise agreed between the Client and the Designer in writing, the Client will be charged:
a fee representing the hourly rate charged by each of the Designers’ employees (“the Hourly Rate”) multiplied by the number of hours each employee spent completing the project (“the Graphic Designer Fees”); and any Additional Charges as described below in Clause #16. Upon request, the Designer will provide a list of the current Hourly Rates for any Designer that may work on the Client’s project. The
Hourly Rate will not change for the life of each project.
15 Graphic Designer Fees
The Designer will charge for all time spent completing a project. To remove any doubt, the Designer will charge the Hourly Rate for core work to complete the project, as well as any Additional Work that is required in the circumstances. Additional Work includes,
but is not limited to:
• additional work required to be done as a result of the client changing their instructions;
• additional meetings with clients to seek further instructions on changes;
• additional time taken to work from poor quality templates or files; and
• additional work required to be done as a result of author’s corrections.
The Designer will not charge for time spent correcting errors which were caused by the Designer’s failure to exercise due care, skill and diligence.
16 Additional Charges
In addition to the Graphic Designer Fees, a Client will be charged any Additional Charges as required in the circumstances. Additional Charges include, but are not limited to:
• work required to be done urgently, including overtime costs;
• specialized work requiring unusual or specialized expertise;
• handling or storage of material;
• printing costs and charges; and
• delivery costs and charges.
Any Additional Charges will be itemized separately on the Designer’s Invoice.
From time to time, the Designer may provide an estimate of costs to complete a project as per the Client’s instructions (Estimate). An Estimate is based on a project with a clear brief, and does not account for Additional Work (as listed in Clause #15) or Additional Charges (as described in Clause 16), unless stated otherwise. From time to time, the Designer may need to amend the Estimate before the project is completed. The Designer will notify the Client in writing before making such amendment.
18 Copyright and ownership remains with Designer until final payment
The drawings, specifications, creative content of any works and/or services provided by us are our intellectual property and are copyright Cre8tion 80 Graphics, LLC, whether the work or services for which they are created is executed or not. You are licensed to use the drawings, specifications and creative works for the purpose for which they were made. No other license is implied. The works shall
not be used for any other purpose except by agreement with us in writing. We may terminate the license if you breach your obligations to pay. Artwork release fees will be applicable at a negotiated rate at any time and applicable should the working relationship cease to continue at any time for any reason.
19 Designer retains ownership for drafts or designs not utilized by client
Notwithstanding the above clause, the Designer retains copyright ownership of all draft concepts, compositions, symbols and logos created or prepared for the client which is for any reason not utilized by the client.
20 Use of artwork for promotion of Designer
The Designer may use all artwork in a promotional manner, unless requested otherwise at the time of engaging the Designer. The Designer may add a ‘designed by’ link on the client’s website, which will remain there for the life of the design, except by negotiation. The Client agrees to allow the Designer to place a small credit on printed material or advertisements.