IMPORTANT LEGAL STUFF
The following outlines the intended design and marketing services provided by Brittany Banman (the “Designer/Marketer”). Packages are laid out in accordance with the needs presented by the client and are to be agreed upon and followed.
All clients must read and agree to the points laid out below.
By entering into a business relationship with Brittany Banman, you (the “Client”) agree and consent to the following terms and conditions:
TIMEFRAME AND DELIVERY
The Designer/Marketer will provide the initial draft concepts to the Client within the timeframe agreed upon in the initial consultation. Please note that if experiencing higher than usual demand, your design will be scheduled for the next available time slot and you will be notified at the earliest possible time. The Designer/Marketer will post the initial designs in an email or to a web site for review by the Client. The Client will then be able to view his/her draft designs and also be able to provide feedback concerning the design.
The Designer/Marketer will analyze the Client’s feedback and revise the designs. The revised samples will be presented to the Client within the specified timeframe. The Designer/Marketer will continue the revision process as per the terms of the specific contract, until Client is satisfied. Once the Client has approved the final design, the Client will complete any remaining payment owed, and the Designer/Marketer will then proceed with the delivery phase. All requested formats of the approved design are then emailed or posted to the client download area for the Clients use.
LOSS OF DATA
The Designer/Marketer will take all appropriate precautions to safeguard its servers and data contained within, however the Designer/Marketer will not be held responsible for any loss of Client data stored or intended to be stored on the servers and on back-up devices. The Client will not be entitled to any form of compensation from the Designer/Marketer in the event of loss of data, therefore it is recommended that the Client also takes steps to back up his/her logo materials.
COPYRIGHT / TRADEMARKS
The Client unconditionally guarantees that any element of text or graphics furnished to the Designer/Marketer for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect the Designer/Marketer from any claim or suit arising from the use of such as furnished by the client.
The Designer/Marketer makes every effort to produce original artwork. If, however, we create artwork for you, which accidentally infringes on any existing trademarked artwork, the Designer/Marketer holds no liability and is limited only to a refund of the paid amount. The Designer/Marketer will do no research checking on the legal availability of the name we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image. The Designer/Marketer will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Canadian Copyright laws permit ownership of final product and design to belong to the Designer/Marketer unless otherwise agreed upon. The client is restricted from editing designs completed by the Designer/Marketer and use of the design and file is limited to that originally intended. The exception being FINAL logo design. Concepts are also the ownership of the Designer/Marketer regardless of design type.
Until the contract is paid in full, all materials remain property of the Designer/Marketer. The Designer/Marketer retains the right to display the artwork in their corporate portfolios and marketing materials.
All concepts furnished to the client are for client review and comment purposes only. The Designer/Marketer retains exclusive copyright and ownership of all design and draft materials.
DRAFT CONCEPT POLICIES AND COPYRIGHT
All draft concepts previewed by the client are for client review and comment purposes only. The Designer/Marketer reserves the right to utilize and/or reproduce any image, logo or illustration created by the Designer/Marketer in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited royalty-free use of the image upon full payment of all fees. The Designer/Marketer retains the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork, and is granted the right to use these logos in promotional and advertising and marketing materials.
REVISIONS AND AUTHOR ALTERATIONS
Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, by email. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the project quotation. Revision work is not done free of charge unless otherwise arranged, in writing or in the package agreed to in advance. If a base package is agreed upon, however the revisions and requests exceed this package parameters, the next Client will be notified in advance.
The quotation assumes a reasonable average number of revisions per design item as outlined in the design package, but on very rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions. Any and all revisions will still incur the hourly rate as noted on the project quotation, and the Client confirms that any revisions or additions they request will incur this cost.
PRINTING, DELIVERY AND THIRD PARTY INVOLVEMENT
The Designer/Marketer can and may provide information to the Client about print solutions that compliment the projects needs to the best knowledge of the designer. The Designer/Marketer is not responsible for price discrepancies advertised by third party companies. This includes product specifications, rush order and special order pricing, and delivery costs associated.
The Designer/Marketer is not responsible for a third company’s failure to deliver in the parameters set out by said company. This includes delivery time; product availability; print error; damage incurred due to shipping; and other unforeseen issues.
All concerns can and will be expressed by the designer to the third company association, but are not responsible and take no fault for failure to deliver on consented parameters. Payment must be made for said project and may not be withheld because of printer error.
Graphic design is a professional service, not a restockable product or commodity – customers are billed for the time and expertise for graphic design, art/creative direction, marketing, and project management. In accordance with industry standards, the Designer/Marketer charges for design services by the hour (unless a flat fee has been negotiated in writing) and does not offer refunds under any circumstance (except in the case of copyright infringement as noted above).
The Designer/Marketer does NOT engage in speculative work and will not honour any requests for same. A public portfolio is available, making it easy for potential clients to judge whether the style and quality of design offered by the Designer/Marketer is a good fit for their organization.
All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Final invoices will reflect actual hours worked on your project, which may or may not differ from your quotation. The final invoice will not exceed the quoted amount by a margin of over 25% without prior notification and written authorization by the Client.
An upfront deposit of 50% (based on the quotation amount) is required for all new projects.
Preferred Clients requiring long term and ongoing design work will be placed on a bi-monthly billing cycle, which will allow said Client to skip the quotation/deposit phase. Deposits and payments may be made in a number of ways: Company or Certified Cheque, Bank or Wire Transfer, Money Order or Bank Draft.
We do not and will not accept PayPal, as they offer no fraud protection to service based merchants.
All invoices are payable on receipt, net 14 days. If the Client is sending payment through the mail, we will accept a tracking number as notice of payment.
If there has been no activity initiated by the Client on a contract in 30 days, but the Client has been responsive to status requests by the project manager, said contract will be classified as “inactive”. Inactive contracts are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time.
After 30 days, a late payment charge of 5% per month is applied to all delinquent accounts, without exception and retroactive to the date of invoice. A final notice will be issued before turning the account over to a third-party collections agency. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
If a Client should abandon a project or contract after work has commenced, an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Abandoned contracts in cases where the client is nonresponsive are also subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.
Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of Brittany Banman. All rights reserved. All other images are the copyright and/or trademark of the respective owners.
The information presented on this web site is copyrighted to Brittany Banman. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners.
Designs and original art presented by the Designer/Marketer are for the use of the authorized client. All art, images, designs, and material are copyright of Brittany Banman and may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of Brittany Banman and the images contained within.
Visitors are permitted, and encouraged to link to this site. You are welcome to link to any page or section of the web site.
Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Agreement except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
YOUR CONSENT TO THIS AGREEMENT
Brittany Banman reserves the right to amend these terms at any time. Should it happen that a client’s own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by Brittany Banman.