Agreement between Get eDesigns and business or individual identified on this agreement. The client/individual is subject to the following terms and conditions.
GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that GET EDESIGNS may be contracted to produce or provide for CLIENT will be subject to the following:
PAYMENT TERMS – GET EDESIGNS requires full payment prior to beginning any design work.
QUOTATIONS/ESTIMATES – Quotations/Estimates provided to CLIENT are valid for 30 days. A quote/estimate not accepted within 30 days may be changed by GET EDESIGNS.
REFUND POLICY – Refunds can be requested on work that has not been started. Once a first draft has been received for a design project, no refunds will be issued.
Refunds, credits or discounts will not be given due to errors found on client-approved designs.
PROJECT DURATION – GET EDESIGNS and CLIENT must work together in a timely manner, to avoid missed deadlines and delays in project completion. The CLIENT must supply GET EDESIGNS with any specific graphics, text, or other specific items for inclusion in a timely manner, unless otherwise agreed.
CLIENT agrees to provide timely responses to GET EDESIGNS after receiving notifications from GET EDESIGNS by email or ticket system. CLIENT shall have (30) days to respond by email or ticket system during the design and development process. After (30) thirty days with no response from CLIENT, GET EDESIGNS will assume that the project is complete, and the project shall be deemed as complete. GET EDESIGNS will have no further obligation to CLIENT and any monies paid will be forfeited to GET EDESIGNS.
REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by GET EDESIGNS after a quotation/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, a revised additional fee will be charged to the CLIENT and must be paid prior to any revisions/alterations take place on the design work.
Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.
ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. GET EDESIGNS is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
LIEN – All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied.
RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for by CLIENT, GET EDESIGNS will assign the reproduction rights of the design for the use(s) described in the proposal.
According to the Copyright Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by GET EDESIGNS, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with GET EDESIGNS and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project.
We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result.
Upon termination of this agreement, GET EDESIGNS will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold GET EDESIGNS harmless for any loss or expense (including attorney ’s fees), and agree to defend GET EDESIGNS in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertations made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both CLIENT and GET EDESIGNS, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the CLIENT or GET EDESIGNS. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly.
ADDITIONAL PROVISIONS – The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of New Hampshire applicable to agreements entered into and performed in the State of New Hampshire. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.
If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.