Terms and Conditions

 

The following terms and conditions have been tailored by over 20 years of graphic design experience aimed at protecting my Clients interests and myself (Works Of Bart, the designer) during a working relationship.

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PROPOSALS
Project fee estimate are valid for 30 days from date on your proposal. The fees quoted are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The proposal is a good faith estimate of the time and expenses Works Of Bart anticipates. The Client understands and agrees that Works Of Bart will bill for actual time and expenses incurred, which may be greater than that which was proposed. Any labor required over the proposed amount and all communications, travel, or meetings will be billed at $90 per hour.

TURNAROUND TIME
New design proofs are presented within 5 business days (Monday–Friday, 9:00 a.m.–5:00 p.m.) of receiving all project information and deposit. Edits are made within 3 business days of receiving feedback. Printing has a minimum 6–8 business day turnaround time.

RUSH FEES BY HOUR OR BY TIMELINE
Pending Works Of Bart’s schedule, design services and project timelines may be rushed for an additional fee. An increase of 25% above our hourly rate is charged for print projects within 7 business days. An increase of 50% is charged for print projects within 3 business days. For project scheduled work timelines which include website launch dates, a rushed timeline increases the overall project fee by 25% for the remaining work to be completed. Printing may not always be able to be rushed but we will work with our printers to accommodate your needs as best we can.

PROOF READING YOUR ARTWORK
Read your proof carefully. Review all names, addresses, phone numbers, websites, and other important information. Works Of Bart is not responsible for errors found after the artwork has been approved; accuracy of the information is the Client’s responsibility. Refunds or discounts will not be given due to errors found on Client-approved printed artwork.

COLOR
Due to differences in monitor and printer calibration, the color of the printed piece may vary from what you see on screen or what prints on your printer. If you are concerned, please let us know so that we can make arrangements for you to see a press proof before printing.

STOCK PHOTOGRAPHY
Purchase of stock photography is additional. All purchases will require written authorization. All stock purchases are licensed solely for Works Of Bart’s use. Use on materials not designed by Works Of Bart is prohibited.

SUPPLIED ARTWORK
Quality and usage licensing of supplied art is the responsibility of the Client.

ARTWORK RELEASE AND OWNERSHIP
If the native InDesign, Photoshop, or Illustrator files are requested, there will be an artwork release fee of 25% of the total design or a minimum of $500. The original artwork remains copyrighted to Works Of Bart. The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.

COPYRIGHT
Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. Works Of Bart shall reserve all rights not expressly granted. The designs, original artwork, electronic proofs, print-ready PDFs, and all other files created by Works Of Bart are protected by Federal Copyright Law and may not be reproduced, manipulated, re-worked for other purposes, edited, submitted to any contests, or shared in any manner without our explicitly written permission. We retain the right to make reproductions for our portfolio, samples, self-promotion, professional competition and review, and designed websites even if the artwork release has been purchased.

WEBSITES
All websites will include a small “Designed by Works Of Bart” note in the footer with a link to our website unless removal is specifically requested by the Client. While all website design is done by Works Of Bart, programming services may be delegated to another firm or independent contractor. In such a case, you agree not to hire, delegate, engage, employ, retain, secure the services of, contract with, or enlist the services of the firm or independent contractor for a period of 5 years following the date on this contract.

THIRD PARTY CONTRACTS
The designer may contract with other creative professionals to provide services such as web development, photography, and illustration on the Client’s behalf. Any third party terms and conditions will include full reproduction rights for the Client. Where such contracting adds to the project cost, the Client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalized prior to project commencement, unless requested by the Client at a later date.

COMMUNICATION
The designer can be reached by telephone from Monday to Friday between 9am and 5pm PST at 415-272-6734.

NONDISCLOSURE
You agree never to share any of Works Of Bart’s concepts, art, or work with outside designers, businesses, or agencies. This includes, but is not limited to, design concepts, sketches, electronic proofs, and photography. The only exception is if you have purchased the artwork release from us or have received permission to do so.

CANCELLATION FEES
In the event of cancellation of a proposal agreement by the Client or Works of Bart, ownership of all copyrights and the original artwork shall be retained by Works Of Bart, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fees are based on hours submitted, if the project is on an hourly basis or a percentage based on a 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 project hours billed at the time of cancellation, plus a flat fee of $500 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater. The Client also agrees to pay no less than 100% of the design fee plus 15% of the total printing price if the job has been sent to print but not yet printed is due; if the job has already printed the fee due is 100% of the invoice amount. Jobs placed on hold for over 30 days will be considered cancelled and cancellation fees will apply as noted. If you choose to reopen the order within 30 days from the invoice date showing cancellation, the applicable fees will be credited to the completion of your reopened projects.

SALES TAX
All tangible personal property is subject to California State sales tax if it is used within California or if your company has an office in California.

PAYMENTS AND LATE FEES
The Client will make a 50% down payment prior to work commencing. The project can be scheduled once the down payment is received by the designer. The down payment is non-refundable. The remaining 50% is payable to the designer upon completion of the project, and before original artwork is supplied to the Client.

Final payment must be received by Works Of Bart within 14 days of the invoice date. A late fee of $25 or 1% total invoice amount (whichever is greater) will be applied on the first day of each week past 30 days from invoice date. Works Of Bart is not responsible for payments claimed to be lost in the mail, sent to the wrong address, or otherwise not received. Any bank fees due will be the Clients responsibility. After 60 days of non-payment, the invoice will be forwarded to a collections agency.

REFUND POLICY
All sales are final.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Works Of Bart, our independent contractors, affiliates, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including attorneys’ fees) related to any artwork or programming that you supply or approve. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with us to the fullest possible extent.

RIGHT OF WITHDRAWAL
Works Of Bart’s discovery of new information, changes, or other factors tending to circumvent our policies could result in our withdrawal. Non-cooperation; multiple missed appointments; bad or returned checks or late payments are examples of contributing factors. Should Works Of Bart initiate the withdrawal, all fees and payments will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, $90 per hour is billed for all design services already provided, consultations, and all driving time, rounded up to the nearest half-hour.

DISPUTES
Works Of Bart operates in San Rafael, California in the United States of America. The laws of the State of California will govern the legal notices and conditions of use without giving effect to any principles or conflicts of laws.

Works Of Bart retains the right to take legal action if this Agreement is violated, and in such case, if Works Of Bart prevails, the Client is solely responsible for any and all mediation, arbitration, and legal fees incurred by Works Of Bart.

If a party in any manner violated or threatened to violate Works Of Bart’s intellectual property rights, Works Of Bart may seek injunctive or other appropriate relief in any state or federal court in the state of California, and the Client consents to exclusive jurisdiction and venue in such courts, notwithstanding any provision in this Agreement which can be construed to the contrary.

Any dispute relating to the products and/or services Client purchases through Works Of Bart or relating to a breach of this Agreement shall be resolved in the city of San Rafael, CA in the United States of America.

SEVERABILITY
In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect.

ENTIRE AGREEMENT
This contract constitutes a full and complete Agreement between the parties. There are no oral or other Agreements that supersede this Agreement. This Agreement describes the terms and conditions applicable to the services available by Works Of Bart. This Agreement describes the Client’s responsibilities and, among other things, limits the liability of Works Of Bart. The Client who has signed a contract will be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.

IN CONCLUSION
Works of Bart values long-term business relationships and appreciates your comments, referrals and suggestions. I appreciate your choice to hire me for your creative needs. If you have any questions or concerns, please call me immediately. A document containing the above terms and conditions will be supplied via email along with the first invoice. Acceptance should be stated in an email reply.

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