Terms of Agreement
Payment: Some projects may require either full prepayment or a 50% down payment depending on project size and the use of outside vendors. Balance is due COD unless other credit arrangements have been made in advance. Approved credit invoices are payable within fifteen (15) days of receipt. A $15 rebilling fee will be added for rebilling of invoice. A 1.5% monthly service charge will be added to the unpaid balance.
Lien: all material, property or work belonging
to the client may be retained as security until all terms of payment have
Estimate/Proposal: When this form is used for an estimate or proposal the fees and expenses are minimal estimates only. Final fees and expenses will be rendered upon invoice. All estimate/proposals will be reviewed if not accepted within 30 days. We reserve the right to revise estimate/proposal as specifications change by the client.
Design Costs: Include design/layout, production/manipulation, type specification. Costs not included are, but not limited to, authors alterations, scans, image manipulation, rush charges, secondary production/vendor charges and items added by the client not stated in estimate/proposal.
Authors Alterations: Client shall be responsible for additional payment of authors alterations after original assignment. However, if error is found prior to final approval by client made by the graphic designer, no charge shall ensue.
Liability: The client shall hold graphic designer and designated vendors harmless for errors in design, type, content. Zebra Graphics (ZG) shall not be liable for any other damages either direct or indirect. ZG excludes any warranties as to the merchantability or results of any goods or their fitness for any particular purpose.
Limitation of Liability: THE SERVICES AND THE WORK PRODUCT OF ZEBRA GRAPHICS ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF ZEBRA GRAPHICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF ZEBRA GRAPHICS ON THE PARTICULAR PROJECT. IN NO EVENT SHALL ZEBRA GRAPHICS BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF ZEBRA GRAPHICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification: The client shall indemnify and hold harmless ZG from any and all loss, cost, expense, damages, claims, demands or proceedings that may be instituted regarding copyrights, personal rights, liable or slander. The client agrees, at client expense, to promptly defend and continue defense if any such claim be brought against ZG.
Cancellation of Project: A written statement dated and signed by the client will be presented to ZG in the event that a project is cancelled. Cancellation prior to completion will ensue a charge for work completed. If work is rejected at end of project, full payment of work completed will be due, and 50% of proposal costs may be demanded.
Quality and Standard of Practice: The high quality of ZG standards and the Standards of Fair Practice Code by the Graphic Artists Guild prevail.
Communication: is a major component of ZG. We shall aim to provide our clients with timely communication as to the progress of their project. We understand the necessity of meeting our clients needs and goals. To aid in this the client shall designate one contact person with decision making abilities to communicate with.
Proofs: Final proofs of project will be either e-mailed in PDF format, or laminate proofs as designated by job and will require signature before next phase of project.
Delivery: will be complete upon conveyance to a delivery service. ZG will not be responsible for lost or damaged items.
Vendors: reputable vendors will be used to offer our customers a full range of marketing abilities; print, mailing, promotional products etc.
ZG retains the right to do business with clients who have high moral/ethical practices, respect the personal rights and freedoms of others, and maintain integrity.
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