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Terms and Conditions – Design

Additional Terms & Conditions for Quote

August 2015 – Please print for your records.

1. Payment

All invoices are payable within 15 business days of receipt. A $50 service charge is payable on all overdue

balances for reissuing each invoice at 30, 45, 60 and 75 days from the date of original invoice. The grant of

any license or right of copyright is conditioned on receipt of full payment.

On projects with an estimate in excess of $500, the payments will be broken into 3 parts; 35% at project

start, 35% at project sign off, balance at project delivery.

2. Default in payment

The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of

legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for

collection and legal costs.

3. Estimates

The fees and expenses shown are minimum estimates only unless an hourly fee has been agreed upon.

That fee will be $85 per hour and the designer shall keep the client apprised of a tally of hours within a

reasonable period of time. Final fees and expenses shall be shown when invoice is rendered. The fees and

expenses shown are minimum estimates only unless the quote and/or invoice is clearly marked Firm Quote,

otherwise the above stated hourly fee will be payable on all time over that which was quoted with a minimum

of 15-minute increments.

4. Retainer

So that both parties are committed and invested in this project, RAD Ideas requests a retainer equal to 35%

of the accepted estimate cost. Your project will not be started until receipt of the retainer. Any delays created

will be the sole responsibility of the client and may affect the project deadline.

5. Changes

The Client must assume that all additions, alterations, changes in content, layout or process changes

requested by the customer, will alter the time and cost. The Client shall offer the Designer the first

opportunity to make any changes.

6. Expenses

The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment

of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses,

including but not limited to Stock Photography, Artwork, and or material needed for the project.

7. Cancellation

In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be

retained by the Designer, and a cancellation fee for work completed, and expenses already incurred, shall

be paid by the Client. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or

a percentage based on the time estimate for the entire job. A 100% cancellation fee is due once the project

has been finished, whether delivered to the client or not. If the project is on an hourly basis and the project is

canceled by the client, the client agrees to pay no less than 100% of the hours already billed for the project

at the time of cancellation plus a flat fee of $150 or 50% of the remaining hours that were expected to be

completed on the project, whichever is greater.

Cancellation of photo shoots require a minimum 48 hour notice. If the project is cancelled within 24 hours a

50% cancelation fee is due for the project time loss. If cancelled less than 24 hours before, a 100%

cancellation fee is due for time loss.

8. Ownership and return of artwork

The Designer retains ownership of all original artwork, whether preliminary or final, and the Client shall

return such artwork within 30 days of use unless indicated otherwise below. If transfer of ownership of all

rights is desired, the rates may be increased. If the Client wishes the ownership of the rights to a specific

design or concept, these may be purchased at any time for a recalculation of the hourly rate on the time

billed or the entire project cost.

9. Credit Lines

The Designer and any other creators shall receive a credit line with any editorial usage. If similar credit lines

are to be given with other types of usage, it must be so indicated here.

10. Releases

The Client shall indemnify the Designer against all claims and expenses, including attorney’s fees, due to

the uses for which no release was requested in writing or for uses that exceed authority granted by a

release.

11. Modifications

Modifications of the terms of this contract must be written and authorized by both parties, involving the

implementation of a new version of the contract as a whole following standard procedures of documentation

and approval.

12. Uniform commercial code

The above terms incorporate Article 2 of the Uniform Commercial Code.

13. Code of fair practice

The Client and the Designer agree to comply with the provisions of the Code of Fair Practice (which is in the

Ethical Standards section of chapter 1, Professional Relationships).

14. Code of fair practice

The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder

is original and has not been previously published, or that consent to use has been obtained on an unlimited

basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if

previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full

authority to make this agreement; and that the work prepared by the Designer does not contain any

scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others

may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it

will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the

extent such use infringes on the rights of others.

15. Limitation of liability

Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or

consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely

manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the

Designer or Client, any client representatives or employees, or a third party.

16. Dispute Resolution

Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be

submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the

American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any

court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s

fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by

client or by designer will be filed in the designer’s state/county of business/residence.

This contract is held accountable to the legal system of California and any applicable statutes held therein.

17. Acceptance of terms

The action of the sending and receipt of this agreement via electronic method will hold both parties in

acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance

of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning

of any work on said project. Electronic signatures shall be considered legal and binding.