creative services | artfully yours | gallery | fyi | links | contact | all content property of Design Evolution Graphics 2009 Best viewed in IE7 or Firefox 2.2 | all efforts have been made to make this website cross browser compatible, if you are having trouble viewing please update your browser. Print and Design Terms and Conditions (a.k.a.  The Fine Print) 1. Rate. Hourly design fee is $75 per hour, 2 hour minimum. Photography, $85 per hour plus travel time. Photographic enhancements, retouching and/or restoration, $150 per hour, one hour minimum at the discretion of the designer. Fee quoted includes one preliminary design concept and one redesign. One colour comp is supplied; additional sketches or comps are $15 each. All invoices are net due upon receipt. 2. Fee. Fee quoted includes one set of finished camera-ready mechanicals; changes necessitated by client revisions and/or additions following approvals at each stage (sketches, layout, comps, mechanicals, written copy or rewrites), other than for Designer’s error, are billed additionally at $75 per hour. Client assumes full responsibility for errors and omissions, typographical or otherwise, after approval of file and any cost of printing or reprints. 1.1 Fees quoted are based on work performed during the course of regular working hours (based on a 30 hour week, Monday - Thursday, 9 am - 4:30 pm). Overtime, rush, holiday, and weekend work necessitated by Client’s directive is billed in addition to the fees quoted at an hourly rate of $95/hr. 1.2 All fees and costs are estimated. Changes in scope of work and/or project specifications require a revision of the information provided on reverse in accordance to the additional work required. 3. Rights. All rights to the use of the mechanicals (camera ready PDF or high resolution Jpeg only) transfer to the Client, except as noted: original work and/or file, design concept. Designer retains copyright unless otherwise stated. Preliminary Works. Designer retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to Designer within thirty (30) days of completion of the Services and all rights in and to any Preliminary Works shall remain the exclusive property of Designer. Original Artwork. Designer retains all right and title in and to any original artwork comprising Final Art, including all rights to display or sell such artwork. Ownership of mechanicals transfers to client upon full payment of all fees and costs. Use of artwork is for the intended purpose of this agreement. The information contained in this proposal is valid for thirty (30) days. Proposals approved and signed by the Client are binding upon the Designer and Client commencing on the date of the Client’s signature. 4. Rights To Deliverables Other Than Final Art. 1.1 Client Content. Client Content, including all pre-existing Trademarks, shall remain the sole property of Client or its respective suppliers, and Client or its suppliers shall be the sole owner of all rights in connection therewith. Client hereby grants to Designer a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with Designer’s performance of the Services and limited promotional uses of the Deliverables as authorized in this Agreement. 1.2 Third Party Materials. All Third Party Materials are the exclusive property of their respective owners. Designer shall inform Client of all Third Party Materials that may be required to perform the Services or otherwise integrated into the Final Art. Under such circumstances Designer shall inform Client of any need to license, at Client’s expense, and unless otherwise provided for by Client, Designer shall obtain the license(s) necessary to permit Client’s use of the Third Party Materials consistent with the usage rights granted herein. In the event Client fails to properly secure or otherwise arrange for any necessary licenses or instructs the use of third party art, Client hereby indemnifies, saves and holds harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of Client’s failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the Final Art. 1.3 Release of the project beyond the scope of the original agreement for use in other projects will be negotiated fee, based on usage. 1.4 Original files, created artwork, copyrights and stock photography are the property of Design Evolution Creative Services.   5. Independent Contractor. Designer is an independent contractor, not an employee of Client or any company affiliated with Client. Designer shall provide the Services under the general direction of Client, but Designer shall determine, in Designer’s sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or binde the other party except as expressly stated in this Agreement. Designer and the work produced or Deliverables prepared by Designer and the work produced or Deliverables prepared by Designer SHALL NOT BE DEEMED A WORK FOR HIRE as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement. 6. Credit. Unless otherwise agreed, Designer shall be accorded a credit line on all printed material, to read as follows: 100% of printing cost paid in full prior to going to press, unless other agreements have been made. 7. Deadlines. The Designer’s ability to meet deadlines is predicated upon the Client’s provision of all necessary information and approvals in a timely manner. Failure to do so may result in additional hourly billing. 8. Additional Considerations. Release of the file in the native format will incurre a cost of: job + 200% of the final invoice or as negotiated by Client and Designer as fair and reasonable regarding terms of usage. Designer will no longer accept responsibility for any file error or changes made thereafter. 9. Client. Client will be responsible for suppling all relevant artwork before project begins, such as: logos, photos, maps, etc., artwork that is late, unavailable or in a format not suitable for the project (ie: low res jpegs from the internet) will be redrawn at the regular hourly rate. 1.1 Client will secure all necessary rights of usage for all supplied materials. Designer accepts all artwork in good faith from client and is not responsible or  liable  for any copyright infringement. 10. Kil Fee . “Kill Fee” if the project has been cancelled or placed on hold a minimum charge of 75% of estimate will be billed out. Projects past the first proof or are ready for final approval will be billed out at the full invoice estimate. 11. Portable Media/Emailing/Uploading. Burning of logo(s),  individual project artwork or other support files (not including section 11) to CD/DVD or other portable media including emailing or uploading to remote site will be invoiced at $75/hour, 1 hour minimum. 12. Accreditation/Promotions. All displays or publications of the Deliverables shall bear accreditation and/or copyright notice in Designer’s name in the form, size and location as incorporated by Designer in the Deliverables, or as otherwise directed by Designer. Designer retains the right to reproduce, publish and display the Deliverables in Designer’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website. 13.Trademarks. Upon completion of the Services and expressly conditioned upon full payment of all fees, costs and out-ofpocket expenses due, Designer assigns to Client all ownership rights, including any copyrights, in and to any artworks or designs comprising the works created by Designer for use by Client as a Trademark. Designer shall cooperate with Client and shall execute any additional documents reasonably requested by Client to evidence such assignment. Client shall have sole responsibility for ensuring that any proposed trademarks or Final Deliverables intended to be a Trademark are available for use in commerce and federal registration and do not otherwise infringe the rights of any third party. Client hereby indemnifies, saves and holds harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of Client’s use and/or failure to obtain rights to use or use of the Trademark. 14.Designer Tools. All Designer Tools are and shall remain the exclusive property of Designer. Designer hereby grants to Client a nonexclusive, nontransferable (other than the right to sublicense such uses to Client’s Web hosting or Internet service providers), perpetual, worldwide license to use the Designer Tools solely to the extent necessary with the Final Deliverables for the Project. Client may not directly or indirectly, in any form or manner, decompile, reverse engineer, create derivative works or otherwise disassemble or modify any Designer Tools comprising any software or technology of Designer. Limitation of Liability. THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.