Terms & Conditions
1. Time for Payment
All invoices for Billable Expenses are payable within thirty (30) days of receipt. The grant of any license or right of copyright to the Client is conditioned on receipt of full payment by the Client of the Total amount and all Billable Expenses.
2. Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Quoting documents are used for an estimate or assignment proposal, and the fees and Billable Expenses shown are minimum expenses only. Final fees and Billable Expenses shall be shown when the invoice is rendered. The Client's approval shall be obtained for any increases in fees or expenses that exceed the original estimate by ten percent (10%) or more.
4. Billable Expenses
The Client shall reimburse PaperWeb Design for all direct and indirect Billable Expenses arising from this assignment, regardless of whether the assignment is Cancelled or Terminated. Billable Expenses include but are not limited to costs of commissioning images, software or run-time license costs, the payment of any sales tax due on this assignment, any travel, research, postage and delivery, photocopying, and storage media expenses.
5. Client's Alterations
There shall be no charges to the Client for revisions or corrections or additions made necessary by errors on the part of PaperWeb Design. Any other changes requested by the Client shall be considered Client's Alterations if they are requested after the acceptance of the Design. Any changes and additions not due to the fault of PaperWeb Design and requested by the Client before the approval of one of the Designs are not considered Client's Alterations. The Client shall be responsible for making additional payments at the rate noted herein for any Client's Alterations and any other changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer PaperWeb Design the first opportunity to make any changes.
6. Confidential Information
PaperWeb Design acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the Client, including all materials containing such information, which are supplied by the Client to PaperWeb Design or developed by PaperWeb Design in the course of the design are to be considered confidential information. Information shall not be considered confidential if it is already publicly known through no act of PaperWeb Design. PaperWeb Design will not at any time or in any manner divulge, disclose, or communicate any information that is proprietary to the Client. PaperWeb Design, however, shall not be in breach of this clause in circumstances where PaperWeb Design is legally compelled to disclose the confidential information.
7. Return of Source Information
Upon the Client's acceptance of the Final Version, or upon the cancellation of the project, PaperWeb Design shall provide the Client with all copies and originals of the source materials provided to PaperWeb Design by the Client.
8. Ownership of Copyright
All material, both text and images, supplied by the Client and used in design, will remain the Client's property. All such material will be assumed to be the property of the Client and free to use without fear of breach of copyright laws. All original graphics designed and supplied by PaperWeb Design, remain the property of PaperWeb Design until the Client's account has been paid in full, at which time ownership and copyright of said graphics will reside with the client. PaperWeb Design shall be free to use any ideas, concepts, know-how or techniques acquired in design for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
9. Progress Reports
PaperWeb Design shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems encountered, and recommended changes relating to design. PaperWeb Design shall inform the Client promptly by telephone or e-mail upon discovery of any event or problem that may delay the submission of any milestone deliverables.
10. Proofing and Acceptance Procedures
PaperWeb Design will provide design copies together with a �Proofing Authorisation Form� to the client for signed approval prior to release of any design, including the transfer of artwork to a printer. PaperWeb Design will make every good faith effort to check and proof read deliverables thoroughly and make all necessary corrections as a result of such checking prior to handing over the deliverables to the Client. It will be, however, the final responsibility of the client to ensure all copy and content is correct. Unless otherwise noted in Acceptance milestone dates of the Production Schedule, during the Review Period, the Client shall either accept the deliverable and make the milestone payment set forth in the Production Schedule, or provide PaperWeb Design with written notice of any corrections to be made and a suggested date for completion of the corrections which should be mutually acceptable to both PaperWeb Design and the Client, or provide a written notice of assignment Termination if the work is found not to be reasonably satisfactory. The Client can Terminate the assignment only during this Review Period following the Delivery of a milestone deliverables. Any other termination of the Assignment shall be considered a Cancellation subject to the stipulations of Item 11. PaperWeb Design shall designate and the Client shall designate as the only designated persons who will send and accept all deliverables and receive and make all communications between PaperWeb Design and the Client. Neither party shall have any obligation to consider for approval or respond to materials submitted other than through the designated persons listed above. Each party has the right to change its designated person upon notice to the other.
The Client may declare the Cancellation of the assignment for reasons not related to assignment Termination defined in Item 10. In the event of Cancellation of this assignment by the Client, all Billable Expenses already incurred by PaperWeb Design or that PaperWeb Design is liable to pay for shall be paid by the Client in full. In the event of cancellation, PaperWeb Design retains ownership of all copyrights and any original artwork.
12. Assignment Termination
In the event that work in process is found by the client not to be reasonably satisfactory in accordance with the Proofing and Acceptance Procedures in Item 10, any milestone payments made prior to termination shall be retained by PaperWeb Design. Regardless of when the assignment is terminated, all Billable Expenses already incurred by PaperWeb Design or that PaperWeb Design is liable to pay for shall be paid by the Client in full. In the event of termination, PaperWeb Design retains ownership of all copyrights and any original artwork created by PaperWeb Design. However, the Client retains all rights already purchased by PaperWeb Design on behalf of the Client from third parties.
13. Copy Protection
The Client must protect all final art which is the subject of this agreement against duplication and alteration.
14. Warranty of Originality
PaperWeb Design warrants and represents that, to the best of its 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 from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that PaperWeb Design has full authority to make this agreement; and that the work prepared by PaperWeb Design 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 PaperWeb Design's product which may infringe on the rights of others. The client expressly agrees that it will hold PaperWeb Design harmless for all liability caused by the Client's use of PaperWeb Design's product to the extent that such use infringes on the rights of others.
15. Limitation of Liability
The Client agrees that it shall not hold PaperWeb Design or its agents or employees liable for any incidental or consequential damages which arise from PaperWeb Design's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of PaperWeb Design or a third party. Furthermore, PaperWeb Design disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
16. Modifications of the Agreement
Modifications of the Agreement must be written, except that the invoices may include, and the Client shall pay, fees or expenses that were orally authorised by the Client in order to progress promptly with the work.
17. Acceptance of Terms
The signature of the Client shall evidence acceptance of these terms.
The drafting process is to create a process which moves forward in a specific direction as determined by the Client. The Client may request significant changes in the 1st and 2nd draft cycles, but by the 3rd draft, the Client's requests shall be modifications of the current composition only.
The Client is required to pay the full amount of the service before commencement of the project, and will not be entitled to a refund: If the Client approves the final logo design.
- If we have begun creating variations on a first draft logo.
- If the company we are making the logo for closes, changes their name, or their activity.
- If we do not hear back from the Client for more than 3 months.
- If the Client obtains a logo design from a 3rd party.
In the event of project termination, all artwork remains the exclusive intellectual property and copyright of PaperWeb Design.
If the Client is not satisfied with the first draft provided by PaperWeb Design, the Client may choose to:
- Terminate the design project. No costs will be incurred and the full amount will be refunded.
- Request for additional concepts to be generated. If upon the second set of concepts the client is still not satisfied, they may also terminate the project, however an administrative fee of $350.00 will be incurred.
- If the client requests additional concepts after the second set of concepts have been created, a charge of $77/hour will be incurred, which is additional to the quoted price of the logo design service.
Once the Client requests variations on any of the initial concepts (including the first draft concepts), the Client shall forfeit the right to the refund as outlined above.
The Client shall own final logo design provided to the Client by PaperWeb Design. The Client shall not, however, own any artwork, designs, edits, revisions, media, or other content generated during any drafts leading up to the final logo design. This work product remains the exclusive intellectual property and copyright of PaperWeb Design.
The logo design service by PaperWeb Design does not include trade mark searches or inquiries in order validate the propriety or legality of the draft and final designs. Accordingly, the Client is encouraged to perform independent searches.