Terms and Conditions: March 2013
CLIENT agrees to pay PINK ELEPHANT GRAPHIC DESIGN in accordance with the terms specified in each proposal/estimate based on the project information provided. CLIENT will be required to pay 50% of the project cost and fees before work can begin, unless an agreement of credit has been approved by PINK ELEPHANT.
Unless otherwise specified, all subsequent balances due are payable upon artwork approval and consequent submission of invoice. PINK ELEPHANT reserves the right to refuse completion or delivery of work until past due balances are paid. The CLIENT shall reimburse PINK ELEPHANT for all direct and indirect billable expenses arising from this assignment, regardless of whether the assignment is Cancelled or Terminated. Billable Expenses include but are not limited to costs of commissioning images or subcontracting talent, any travel, research, postage and delivery, photocopying, and storage media expenses.
In the event that a project is put on hold, any hours completed on the project beyond what is covered by the initial deposit will be immediately invoiced and the standard payment terms will apply. In such case as the CLIENT becomes unresponsive for a period of more than two weeks or is holding up the project in any other way, the project will be considered to be on hold, and any hours completed on the project beyond what is covered by the initial deposit will be immediately invoiced and the standard payment terms will apply. Projects put on hold and paid for will be completed at such time as the CLIENT is prepared to proceed.
CLIENTS can make payments online, by phone, in person with a PINK ELEPHANT representative or by mail. Payments by check must be made out to ‘Pink Elephant Graphic Design’ and mailed to P.O. Box 250883, Milwaukee, Wisconsin 53225. If paying by check, checks must clear prior to the start, enhancement/ editing, or completion of any project. This includes, but is not limited to: research and development, design, layout, grammatical editing, printing, or the final release of all/ any projects. Cash payments are NOT accepted. Estimates are valid for only 30 days from estimate date listed.
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. CLIENT is responsible for all trademark, service mark, copyright and patent infringement clearances. CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials PINK ELEPHANT prepares.
ERRORS AND OMISSIONS
It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. PINK ELEPHANT is not liable for errors or omissions. CLIENT's signature or an authorized representative of the CLIENT is required on all artwork or production proofs prior to release for printing or other implementation.
REVISIONS AND ALTERATIONS
CLIENT requested changes or revisions after submission of project proof(s) or comps will be billed additionally at the rate of 60.00 per hour. This includes additional design/production time after an invoice had been submitted and/or paid in full. The CLIENT will be notified of any price changes. Billing will reflect the actual costs incurred.
New work requested by CLIENT and performed by PINK ELEPHANT after an 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, PINK ELEPHANT will submit a revision estimate to CLIENT, and a revised additional fee must be agreed to by both parties before further work proceeds. All revision/alteration orders will result in a new project schedule being developed and all previous project schedules will be considered void.
Estimates are based on a reasonable time schedule, and may be revised to take into consideration CLIENT's “Priority Scheduling” requests requiring overtime and weekends. Knowledge of CLIENT deadlines is essential to provide an accurate estimate. In addition, outside suppliers such as service bureaus charge a 100% to 200% markup on overtime after 5:00 p.m. and weekends.
Production schedules will be established and adhered to by both CLIENT and the PINK ELEPHANT, 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 PINK ELEPHANT. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly.
RIGHTS OF OWNERSHIP
Upon full payment of all fees and costs by CLIENT, PINK ELEPHANT will assign the reproduction rights of the design for the duplication of the designs and/or artwork to the CLIENT. PINK ELEPHANT will also provide printable files as requested. Due to font and photography licensing issues, PINK ELEPHANT generally retains the rights to all original, editable source files. Release of source files will be negotiated on a case-by-case basis.
PINK ELEPHANT reserves the right to print and/or distribute or publish for PINK ELEPHANT's promotional and marketing needs any work PINK ELEPHANT creates for the CLIENT, including mock-ups and comprehensive presentations, as samples for PINK ELEPHANT's portfolio, newsletters, brochures, slide presentations and similar media.
By “accepting” an estimate and/or signing a contract for hire, the CLIENT agrees to PINK ELEPHANT GRAPHIC DESIGN’s terms. (Modified March 2013)