SERVICE TERMS AND CONDITIONS
SUMMARY: We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. This contract, though legally binding, doesn't contain complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want whafs best for the safety of both parties, now and in the future.
You, the customer, are hiring Gajdek Graphics to perform graphic design service(s) for the price outlined in the estimate provided to you. Of course it's a little more complicated, but we'll get to that.
WHAT DO BOTH PARTIES AGREE TO DO? As our customer, you have the power and ability to enter into this contract on behalf of yourself or your organization. You affirm that you are at least 18 years old and have the capacity to enter into a legal contract with Gajdek Graphics. You understand that Gajdek Graphics is an independent contractor and not your employee. You agree to provide us with everything that we need to complete the project, which may include text, images, logos and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner, too. Deadlines worktwo ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can't be responsible fora missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
INITIAL CONSULTATION: Gajdek Graphics offers a free initial consultation of up to 60 minutes for every first-time client. We agree to meet you in a public place predetermined by you and us. If the meeting takes place anywhere more than twenty (20) miles of the Gajdek Graphics office, you agree to pay all travel expenses we incur.
DESIGN: We will create designs for the look-and-feel, layout and functionality you desire. You will be able to review and critique the design (s) until you are satisfied. If you're not happy with the designs at any preliminary stage, you will still pay us in full for all of the workthat we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions atthe rate in our original estimate.
CHANGES AND REVISIONS: The estimate/quotation prices you have received are based on the number of hours that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, that won't be a problem. You understand that any changes you request will be billed at the hourly rate specified in your estimate. Along the way we might ask you to put requests in writing so we can keep track of changes.
TEXT CONTENT: We offer free proofreading services for all individual projects up to 750 words in length. We'll be happy to help with proofreading projects in over 750 words or with copy writing atthe hourly rate specified in your estimate.
PHOTOGRAPHS: Any time we spend searching for appropriate photographs will be charged atthe hourly rate specified in your estimate.
WEBSITES: We can provide certain website graphics; however, Gajdek Graphics is not a website design or development company. We also are not a web site hosting company and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting.
PRINTING: Gajdek Graphics is not a printing company; however, based on the scope of the project we may be able to provide printing services. If so, that price will be added as a line item to your estimate. Estimates without this line item do not include the cost of printing. We offer free print brokering for all projects totaling over $100 in design services, which means that you will always receive the lowest possible price on printing. However, you are responsible for paying the full charge for printing directly to the selected printing company if the cost of printing is not included on your Gajdek Graphics estimate and/or invoice.
LEGAL STUFF: Gajdek Graphics can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the use of our graphics even if you have advised us of the possibilities of such damages. We also can't be held liable for perceived offense by any party arising due to the nature or content of our designs.
The laws of the State of Ohio shall govern this contract, and any resulting arbitration shall take place within Medina County, Ohio. You, the client, assume responsibility for all collection costs and legal fees incurred by Gajdek Graphics if enforcement of this contract becomes necessary. 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.
COPYRIGHTS: You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to us for inclusion in your design(s) are owned by your good selves, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all final files and you should store them very safely as we are not required to keep them or provide any native source files that we used in making them.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about graphic design.
PAYMENTS: We are sure you understand how important it is for us a small business that you pay the invoices we send you promptly. As we're also sure you'll want to stay friends, you agree to stick tight to the following payment schedule.
Please send payment within 30 days of receipt of all invoices. There will be a 1.5% interest charge per month on late invoices. No third party usage is permitted. No rights are granted or transferred until invoices are paid in full.
First-time customers must make a 50% down payment via check or credit card before any services will be rendered. The remaining balance will be billed to you once services are completed. Returning customers need to make a 20% down payment before services are rendered; the remaining charges will be billed.
RIGHT OF REFUSAL: Last but not least, Gajdek Graphics reserves the right to refuse working with you in any situation we deem it necessary. We'd like to form a long-standing business relationship with you, but we are all people and we know that sometimes people have issues with each other. We would rather preserve any friendship we had with you previous to working with you if a business-related disagreement arises that we cannot resolve. Also, we reserve the right to refuse to work with any individual or organization that requests design or operates in such a way that opposes our Christian beliefs, including (but not limited to): pornographic or sexually explicit content (as deemed by us), profanity, promotion of alcohol or tobacco products, racial slurs (implied or blatant), content that denigrates other people or religious faiths, and anything else we deem inappropriate.
Just like a parking ticket, you cannot transfer this contract to anyone else without our 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.