Please Read Our Terms Carefully
Terms and Conditions
By employing Jason S Kilp Visual Communication's (herein referred to as JSK Visual) design services, you (the client) agree to be legally bound by these Terms and Conditions. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification (unless otherwise agreed to), then your project cannot be accepted. JSK Visual may revise these Terms and Conditions at any time.
Services
JSK Visual will begin creation of your logo, corporate identity, web site or other project upon receipt of a non-refundable and up-front payment totalling 50% of final cost. Upon delivery of final 50% of total cost payment, JSK Visual will deliver to client all completed files. JSK Visual ensures that these completed files will be high-quality and will satisfy client’s requests. During the course of the project, JSK Visual will be as prompt as possible in delivering revisions and additional requests, as well as in responding to e-mails or phone calls from the client.
Content, Image, Artwork and File Requirements
In an effort to maintain low costs, all content submitted to JSK Visual should be in digital format. Photos should be 300 ppi (pixels per inch) or larger (unless previously agreed upon by JSK Visual and client). Files may be submitted via e-mail, CD, DVD, or other electronic means such as yousendit, rapidshare, etc. If content needs to be digitized additional fees will apply. JSK Visual cannot be held responsible for damaged content.
All content and client design specifications must be supplied, in completed form, prior to initiating work on the client’s project. JSK Visual will not edit or alter any submitted text unless previously agreed to by client. Any changes made to project after completion of project, that are not considered on-going updates, will incur an additional cost of $35 per hour, billed in 15 minute increments.
Multimedia Maintenance
JSK Visual, if explicitly asked to by client, provides web site maintenance on an “as requested” basis. Client will be given an estimate of time required for the requested maintenance prior to the commencement of work. These updates will be completed at an additional cost of $30 per hour.
Web site maintenance includes, additions and/or changes to textual contents, text links, e-mail links; addition of client supplied images including banners, photos, graphics, etc. Additional charges will be incurred if client requires or requests ‘custom’ graphics created by JSK Visual.
Ownership
All rights to the final approved product and all illustrations, sound, music, video and graphics files associated with the final approved product created by JSK Visual will become the property of the client. All materials, not exclusive to, all illustrations, sound, music, video and graphics not included in the final approved designs (other than those presented to JSK Visual by client) will remain the property of JSK Visual.
All preliminary concepts and visual presentations, if any, produced by JSK Visual that are not incorporated into the final approved designs (other than those presented to JSK Visual by client) remain the property of JSK Visual and may not be used by the client without the written permission of JSK Visual. Copying or reproducing any product designed or produced by JSK Visual is prohibited and may only be done so with written permission or through JSK Visual.
Terms of Payment and Refunds
Upon signing this agreement, the client shall agree to pay JSK Visual as specified in the Terms of Payment. Upon completion of the project and once all designs have been approved, the client agrees to pay the remaining balance due for his/her project. Full payment is required before JSK Visual will provide any FINAL artwork to the client. JSK Visual will provide the final files to the client either by CD, DVD, or other electronic means such as e-mail, yousendit, rapidshare, etc., once full payment has been received. Ownership rights to all of the final artwork will be transferred to the client once final payment has been made. Deposits are nonrefundable.
Web Design - Once project has been completed and client has signed off on final approval, and web site files have been either delivered to client or uploaded to client’s website, there will be no refund granted for final 50% payment. Because of the nature of the payment schedule, if the client decides to terminate the project with JSK Visual before final project sign off, the client has not yet paid the final 50% payment, and will not be held accountable for it. Any project termination before final project sign off has to be made in writing to JSK Visual via U.S. Mail or e-mail. JSK Visual must also be notified by phone of project termination.
Graphic Design - A full refund, less the non-refundable 50% design deposit and $25 processing fee is available prior to release to the client of graphic designs and/or digital files created by JSK Visual, and prior to JSK Visual receiving a signed authorization of design proof acceptance. This refund/cancellation policy is void, and full payment of the project balance is required, if any of the following is true: If you have requested revisions, if I do not hear back from you for more than 30 days, if the company I am creating the logo for closes, changes their name or their activity, if the project was closed for reasons unrelated to my design. After design proof has been accepted, no refund is available on graphic and design services.
Printing Services - Printing fees are 100% non-refundable if printing cycles have begun. If a printing fee refund is requested prior to the commencement of printing cycles, a full refund of printing fees, less a $25 processing fee will be issued.
All refund requests must be received in writing via U.S. Mail or by e-mail. JSK Visual must also be notified by phone of a refund request.
Proof, Briefs and Review
Design proofs will be submitted via e-mail, web or DVD. The client will be notified of proof location. The client shall appoint a sole representative, or them self, with full authority to provide or obtain any necessary information and approvals that may be required by JSK Visual. The client or representative shall be responsible for coordination of proofing, and review. JSK Visual strongly recommends that all client projects receive at least a one-time proofing by the client to ensure that all information is correct. Clients are 100% responsible for the accuracy of layouts, titles, copy and content. Please proofread all layouts carefully. A signed authorization of design proof must be received prior to printing, release of files, or ftp upload. If, after the client has approved a product, the client or any other authorized person requires changes or requires additional services from JSK Visual, additional fees will be billed on final invoice as additional services charged per hour in 15 minute increments. Rush charges apply to rush and 24 hour rush turns. All and any changes are subject to review by JSK Visual. There will be no charge for functionality error or error created by JSK Visual. Once approved by client, JSK Visual is not held responsible for costs arising from flawed or defective duplications or prints done by either JSK Visual or the client.
Promotional Use
JSK Visual reserves the right to use any submitted materials or finished product for promotional purposes. These materials will NOT be sold or given to any other party. JSK Visual reserves the right to distribute free samples of your job. All original materials are property of JSK Visual. JSK Visual will print and/or include a small graphic or web design credit on the completed projects which will state either, “site design by JSK Visual”, “web design by JSK Visual“, or “JSK Visual“; unless client requests in writing that the credit not be printed.
International
Due to the complexities of international copyright and trademark law, JSK Visual will not be held liable should the client be found to be infringing on an already existing copyright, trademark or service mark relating to the company name or its services. All artwork created by JSK Visual is original work, and can be protected by copyright should the client choose to do so.
Damages
JSK Visual is not liable for any damages or expenses incurred by the client in the use of the artwork created during their project by third parties. The client will indemnify and hold harmless the designer, JSK Visual, from any and all loss, cost expense, and damages on any and all manner of claims, demands, actions and proceeding that may be instituted against the designer on the grounds alleging that said design and/or printing violates any copyright or any proprietary right of any person. It is the client’s responsibility to screen the use of photos or artwork which are copyrighted or have copyright pending. You certify that you own the rights to use the content being used, reproduced and submitted.
Agreement
By submitting a project to JSK Visual, the client agrees that they have read and understand the terms and conditions specifically as stated in this document. For more information or should you have any questions, please contact us.
Date Posted: 04.29.2009
