Below are the standard Terms and Conditions of BELMARKETING DESIGN STUDIO, LLC (BELMARKETING DESIGN STUDIO, DESIGNER, I, ME). It’s important that you (CLIENT, you) take time to thoroughly read through and understand these terms and conditions and their implications before you commission BELMARKETING DESIGN STUDIO for any project. I reserve the right to alter these terms and conditions without notice. Please contact me if you do not understand any of the terms or conditions in this document.
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General Working Agreement
This document defines the terms and conditions of our working relationship. All projects or services that BELMARKETING DESIGN STUDIO may be contracted to produce or provide for CLIENT will be subject to the following:
Based on my experience with long-term design projects, I have found that it is mutually beneficial to handle each project in logical working/billing phases.
Concept revisions, extensive changes, or a switch in marketing goals can make it difficult to accurately estimate in advance the final cost of a project. However, proper planning, cost estimating, and billing in phases permits BELMARKETING DESIGN STUDIO or CLIENT to adjust for such revisions and/or halt work before completion if a project is postponed or canceled.
For each project, CLIENT will receive a proposal/estimate outlining the project specifications, scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of-pocket expenses.
Work will not begin until I have received CLIENT’S approval of the written estimate and a 50% deposit for all design services. A 100% deposit is required for all printing and promotional product orders before production can be begin. Your approval (written or oral) will constitute an agreement between us.
CLIENT agrees to pay BELMARKETING DESIGN STUDIO in accordance with the terms specified in each proposal/estimate. CLIENT will be required to pay a 50% deposit on all design projects and 100% on all printing and promotional products orders.
Once research, resources or design work has commenced on a project, this deposit is non-refundable. BELMARKETING DESIGN STUDIO endeavors to provide services that meet and exceed CLIENT’S needs and expectations, but in the event of cancellation, termination or extended pause (after a project has began) by CLIENT, the initial deposit is forfeited, plus a prorated payment based upon progress of work completed.
Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is 18% per annum or 1.5% per month. I reserve the right to refuse completion or delivery of work until past due balances are paid.
Estimates and Invoices: Invoices will reflect the actual costs incurred. Estimates are only valid for 30 days from date on estimate. Client requested changes will be billed additionally. CLIENT will be notified of any price changes.
Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to NJ sales tax unless 1) You are a nonprofit organization; or 2) the work is for resale and you have submitted a ST-3 resale certificate to BELMARKETING DESIGN STUDIO. If consultant or supervisory services are required in out-of-town locations, I will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.
Timelines and Scheduling
BELMARKETING DESIGN STUDIO will make every effort to meet established timelines agreed to by both parties. Where production schedules are not adhered to by CLIENT, final delivery date or dates will be adjusted accordingly.
If BELMARKETING DESIGN STUDIO completes all work in accordance to established timelines and project milestones and has submitted them to CLIENT for review and advisement and has not received a response adequate enough for BELMARKETING DESIGN STUDIO to continue to next phase of production within 14 days, BELMARKETING DESIGN STUDIO reserves the right to invoice CLIENT for 75% of outstanding balance.
Overtime: Estimates are based on a reasonable time schedule, and may be revised to take into consideration “emergency” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, I reserve the right to apply a 100% markup on standard hourly rate on new work or revisions that require overtime after 6:00pm and weekends.
Force Majeure: BELMARKETING DESIGN STUDIO shall not incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, acts of terrorism, 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 CLIENT or BELMARKETING DESIGN STUDIO.
This is defined as any new work, revisions or alterations requested by CLIENT after a proposal/estimate has been approved. If the job changes to an extent that substantially alters the specifications described in the original proposal/estimate, I will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties in writing before further work proceeds.
CLIENT’S alterations and other copy changes requested during the design process, a progress payment will be payable prior to further work being carried out and will be billed at standard hourly rate of $50.00.
Nature of Copy
CLIENT agrees to exercise due diligence in its direction and guidance to BELMARKETING DESIGN STUDIO 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 prepared by BELMARKETING DESIGN STUDIO.
Errors and Omissions
It is CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. BELMARKETING DESIGN STUDIO is not liable for any 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.
Returns and Refunds: It is agreed that BELMARKETING DESIGN STUDIO is not responsible for and shall be held harmless for any errors contained in the final product committed to print or posted in view of the public after written or verbal approval by CLIENT, BELMARKETING DESIGN STUDIO will not be held responsible for any changes or amendments made after approval.
In the event of a need to reprint due to errors in content, CLIENT must inform BELMARKETING DESIGN STUDIO within 3 days of acceptance and must return the product (at cost of CLIENT) within 10 days of acceptance for assessment.
As will all print or promotional products, reprinted projects MUST be paid in full before production will begin.
CLIENT shall pay for all transmissions charges. BELMARKETING DESIGN STUDIO is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.
Over Runs and Under Runs
CLIENT will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. BELMARKETING DESIGN STUDIO will bill for actual quantity delivered within this tolerance. If CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation and may be subject to additional fees.
Property and Supplier’s Performance
BELMARKETING DESIGN STUDIO will take all reasonable precautions to safeguard any property entrusted to me. In the absence of negligence on my part, however, I am not responsible for loss, destruction or damage or unauthorized use by others of such property. I will use my best effort to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although I may use my best efforts to guard against any loss to you through the failure of my vendors, media, or others to perform in accordance with their commitments, BELMARKETING DESIGN STUDIO is not responsible for failure on their part.
If you select your own vendors, other than those recommended by me, you may request that I coordinate their work for a fee. If at all possible, I will attempt to do so, but I cannot in any way be held responsible for their quality, price, performance or delivery.
All materials or property belonging to CLIENT, as well as work performed, may be retained as security until all just claims against CLIENT are satisfied.
Rights of Ownership
Once a project has been delivered by me and is fully paid for by CLIENT, I 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 BELMARKETING DESIGN STUDIO, 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 BELMARKETING DESIGN STUDIO, 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 I have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact me to arrange the transfer of rights and any additional fees before proceeding.
Samples and Credit
If printing or other implementation is done through your vendors, you agree to provide BELMARKETING DESIGN STUDIO with at least 10 printed samples of each project.
I reserve the right to showcase, distribute and/or publish for my company’s promotional and marketing needs any work I create for you, including mock-ups and comprehensive presentations, as samples for my portfolio, newsletter, brochures, slide presentations, online design galleries and similar media.
BELMARKETING DESIGN STUDIO acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched. Every effort will be made to obscure contact information (individual names, phone numbers, email addresses, etc) of CLIENT or CLIENT’S company unless written consent is given.
CLIENT agrees to allow a small credit with link to the BELMARKETING DESIGN STUDIO website on the footer of any/all pages designed by BELMARKETING DESIGN STUDIO. Removal of this credit constitutes a breach of these terms and conditions.
Retention of Files: I agree to archive CLIENT work for a period of 12 months beyond the delivery of a job. Thereupon, I 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 me at any time to cancel or terminate any previously authorized purchase, I will promptly do so, provided you hold me harmless for any cost incurred as a result.
Upon termination of this agreement, BELMARKETING DESIGN STUDIO will transfer to CLIENT all your property and materials in my control and for which you have paid. CLIENT will indemnify and hold BELMARKETING DESIGN STUDIO harmless for any loss or expense (including attorney’s fees), and agree to defend BELMARKETING DESIGN STUDIO in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertions made against CLIENT and any of its products and services arising from the publication of materials that I prepare and you approve before publication.
The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of New Jersey applicable to agreements entered into and performed in the State of New Jersey. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.
If I must retain attorneys to collect invoices, I will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.