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 Design Process : Terms & Conditions
How I Work With You
The first step is you simply telling the Karen Chudobiak, Graphic Designer what you want, referred to in the industry as your brief. She will then prepare a detailed proposal and an estimate that will fulfil the requests in your brief. This will be fully discussed and adjusted, if necessary, with you before any creative or production work is commenced.
Once both parties are happy with all the details, she will ask you to sign and date the finalized proposal so both parties are completely clear on all aspects. Where a quote has been submitted without a brief and/or sighting by Karen of the material involved, she reserves the right to submit a revised quote if required. Alterations ordered by the Client that require significant research or design time will of course attract an additional fee.
Artwork and printing/production quotes are valid for 30 days from the date of the quote. An estimated timeline will also be supplied at the time of quotation.
Acceptance of Terms
All services provided by the Karen Chudobiak, Graphic Designer (herein referred to as the "Designer"), are subject to Terms and Conditions of use. By viewing or using this website, yourself and the entity you represent (collectively hereinafter referred to as "you" or the "Client") agree to be bound by all the Terms and Conditions as stated below without modification. If for any reason you do not agree with the Terms and Conditions as stated below, please do not access this site.
Change of Terms:
The Designer reserves the right to change the Terms and Conditions at any time without notice. You are responsible for reviewing the Terms and Conditions for any changes and continued use of the Designer's services constitutes your consent to these changes.
Indemnity:
You agree to indemnify and hold the Designer harmless from any and all claims, including reasonable attorneys' fees, arising out of your breach of any of these Terms and Conditions or in connection with your use of these services.
Fees & Rates
The Designer understands that it is important to feel comfortable with a creative team before entering a working relationship and therefore the Designer is happy to offer the first consultation, initial briefing response and estimates with no charge or obligation. Subsequent consultations, advice, meetings, written and spoken concepts and work associated with altering and/or implementing the proposal will attract fees at an hourly rate.
Authors Corrections
A reasonable level of author's corrections is acceptable within the estimate at no extra cost. This will include minor changes to original text and the re-positioning of text. It will also include changes to picture size and positioning and any changes to details such as addresses, etc. Original estimates include one set of corrections, unless otherwise stated. Work in excess of this will attract a fee for additional time required.
The Designer makes every effort to ensure the final product is free of any errors, before giving the final product to the Client. It is agreed that it is the Client's responsibility to ensure that there are no errors contained in the final product. It is agreed that the Designer is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public. It is the Client's responsibility to review the final proof and layout of all orders prior to actual printing.
Color Proofing and Matching
The Designer cannot be held responsible for matching colors or ink densities on screen proofs approved by customers. Screen proofs can be used to help display layout, text accuracy, and image placement and proportion, but not color or density therefore, the Designer cannot be held responsible for the final appearance of a color.
Please Note: Files printed in CMYK process may print differently than colors displayed on your screen or from your desktop/digital printer. Since each machine is calibrated differently, colors may also vary slightly from the original printing to each reprint of the job. If color matching is important to you, the Designer strongly suggests you consult with a printer about printing your piece using Pantone colors or on a special print run. Pantone colors that are converted to CMYK will shift in color. The Designer cannot be held responsible for shifts in color in CMYK process printing.
Invoicing & Payment
Standard projects are payable 30 days net from date of invoice. Larger projects may require upfront and/or COD Payment. All printing jobs will require a deposit and must be paid for in full before delivery.
A "progressive invoice" may be issued for any projects placed on hold for more than 30 days, subject to standard trading terms. The final invoice will be issued at the completion of the project, with credit for any amount previously paid.
When the Designer procures goods or services from third party suppliers on your behalf, a percentage surcharge of 20% is applied to cover handling. Under no circumstances will work be performed free of charge - please don't ask as refusal often offends.
All payments are non-refundable and required even if deliverables are not used by Client.
Order Cancellation:
In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be returned and retained by the Designer and a fee for work completed based on the contract price and expenses already incurred, shall be paid by the Client. Should the project re-commence, any payments received by the Client will be credited upon completion of the project.
Overdue Accounts:
The Client is ultimately responsible for all payments to be received by the Designer 30 days net from date of invoice.
When payment is not received 30 days net from date of invoice, the Designer reserves the right to cease ALL work in progress with that Client until all overdue invoices are paid in full. The Designer is not responsible for any of the Client's costs, expenses or losses incurred as a result of the work stoppage.
The Designer may charge interest at 5 percent per month (5%) on amounts not paid within the time specified in your invoice.
The Client must pay to the Designer any costs, expenses or losses incurred by the Designer as a result of the Client's failure to pay to the Designer all sums outstanding as owed by the Client to the Designer,
including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own Client basis.
Returned Cheques:
A $30 fee will be assessed to all returned checks.
Management of Files
The Designer will archive digital files of completed project work as a free service for Clients for a period of 12 months.
You may request copies of your final artwork (print-ready PDF only, not digital masters), however the search, retrieval and distribution of physical and/or electronic files from archives can be time consuming and therefore will attract a nominal fee.
Please note that in some situations, archived files may not be accessible, due to incompatibility with current computer software and/or storage media deterioration or corruption.
The Designer will take every care to preserve all digital files, however the Designer cannot be held responsible for re-producing work free of charge in the event that files cannot be recovered.
The Designer does not use Microsoft programs for design, and as such are not supplied as copies of your files in these formats - only professional design software is used.
Confidentiality
All correspondence and documents provided will be treated as confidential between the Designer and the Client, unless consent has been granted by both parties involved.
Copyright
Until full payment has been made, the Designer retains ownership of all original artwork or parts contained therein, whether preliminary or final.
Other than digital masters for the logotype and stationery templates (which will be supplied to the Client in a suitable digital file format), all computer disks,
electronic files, software documents, fonts, and digital materials generated by the Designer in the course of a project, and copyright pertaining to same, remain the property of the Designer.
The Designer retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio.
Where applicable the Client will be given any necessary credit for usage of the project elements.
The Client agrees to provide the Designer with text, images, graphics, photographs and other material which does not infringe upon the rights of any third party or copyright legislation.
The Designer and this website's content are protected by copyright laws of the Canada and international treaty provisions: © Karen Chudobiak. All rights reserved. This website, its trademark and associated logos, may not, in part or in whole, be copied, imitated, reproduced, modified, transmitted, translated, distributed, adapted or disassembled in any fashion without expressed written permission of the Designer.
Copyright laws also pertain to the content you submit to the Designer. Unlicensed or misuse of copyrighted material from books, magazines, newspapers, photographs, web content, writers, artists, composers, publishers, and other authors is strictly prohibited. The Designer will not assume the responsibility of checking the content of its Client's submitted materials for copyright violations. Therefore, the Designer will not be held accountable for any illegal use of copyrighted material by its Clients.
Disclaimer
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such the Designer takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the Designer cannot be held responsible for variations between expectation and outcome.
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