TERMS & CONDITIONS OF PREMIER DESIGN SOLUTIONS, LLC (hereafter called “PDS”)
Logo Design
Concepts: Within 7 business days of receiving the client’s company information and deposit, PREMIER DESIGN SOLUTIONS, LLC (PDS) will create logo concepts as offered on our website for the client’s business. Logo designs will be submitted for the client’s review via E-mail unless otherwise negotiated. Upon receipt of the client’s feedback on these designs, PDS will make changes to the client’s logo designs as stated in the product description. Further revisions will incur additional costs at PDS’s current hourly rate.
File Delivery: After the final logo design is approved, the logo design will be delivered to the client as digital file/s.
Ownership: The client has ownership of the final logo design for use in any media application that is beneficial to his business. PDS retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives PDS permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design and/or seek trademark..
Payment: In return for logo design, the client agrees to pay the total fee as agreed upon. The client understands that the final logo design belongs to PDS until paid in full. In the event of termination of this Agreement, PDS owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, PDS owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that PDS reserves the right to display the logo for business promotional use.
Originality: PDS affirms that our logo designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Delays: Illness, injury, or other events beyond PDS’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, PDS fails to complete the Logo within 60 days of deposit submission or payment. If agreement is terminated for any reason other than failure to deliver within 60 days, PDS shall retain the deposit.
Print Design
Print design includes but is not limited to business cards, flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.
Concepts: Within 7 business days of receiving the client’s company information and payment or deposit, PDS will create a design concept for the client’s project. Designs will be submitted for the client’s review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at PDS’s current hourly rate.
Ownership: The client has ownership of the final design for use in any media application that is beneficial to your business. PDS retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives PDS permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the design and/or seek trademark.
Payment: In return for graphic design services, the client agrees to pay the total fee as agreed upon.The client understands that the final design belongs to PDS until paid in full. In the event of termination of this Agreement, PDS owns the graphic design and has the right to complete, exhibit, and/or sell the graphic design (not including business name). Furthermore, PDS owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the graphic design in all media useful for business promotion and that PDS reserves the right to display the logo for business promotional use.
Originality: PDS affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Delays: Illness, injury, or other events beyond PDS’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, PDS fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, PDS shall retain the deposit.
Web Design
Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal.
Proposal: For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in this contract will be honored for three (3) months after both parties agree to this contract. Continued services after that time will require a new agreement.
Client Provisions: Client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.
Stock Photography: PDS agrees to provide -if necessary- up to 5 stock photos during the web design process. Any photos acquired by PDS for inclusion in the client’s website remain the property of PDS and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.
Completion Date: PDS agrees to complete website projects within a timeframe agreed upon with the client.
Delays: Illness, injury, or other events beyond PDS’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Payment: The client pays as agreed upon. Returned checks will results in a return-check fee of $30.00. The client understands that the final website design belongs to PDS until all invoices are paid in full. In the event of termination of this Agreement, PDS owns the website design and has the right to complete, exhibit, and/or sell the website design (not including business name). Once the final invoice is paid in full, the client has the right to use images of the website design in all media useful for business promotion and that PDS reserves the right to display the website for business promotional use.
Delinquency: PDS reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.
General
Performance Liability: PDS does not warrant that the functions supplied by web pages, web page or any other templates, plug-ins, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the client. In no event will PDS be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if PDS has been advised of the possibility of such damages.
Copyrights and Trademarks: The client represents to PDS and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to PDS for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend PDS from any claim or suit arising from the use of such elements furnished by the client.
When PDS receives the final payment, copyright is automatically assigned as follows:
The client owns the graphics and other visual elements that we create for the client for this project. PDS will give the client a copy of all files and the client should store them really safely as PDS is not required to keep them or provide any native source files that PDS used in making them.
The client also owns text content, photographs and other data the client provided, unless someone else owns them. If not owned by a third party, PDS owns the XHTML markup, CSS and other code and PDS licenses it to the client for use on only this project.
PDS loves to show off their work and share what PDS has learned with other people, so PDS also reserves the right to display and link to the client’s completed project as part of the PDS-portfolio and to write about the project on web sites, in magazine articles and in books about web design.
NOTE: Before the client confirms his agreement to these terms, he needs to make sure he understands all of the above agreement. Should the client has any questions or concerns regarding these terms, the client needs to contact PDS before advising PDS of acceptance.
By submitting a deposit payment, the client consents to the terms of this design contract on behalf of himself, and/or his organization or business.
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.