These Standard Terms and Conditions provide the basis for a good working relationship between Tamara’s Graphic Design services  (“Tamara’s Graphic Design”) and you (the “Client”). These terms form an integral part of the agreement between Tamara’s Graphic Design and the Client.

 

COPYRIGHT AND OWNERSHIP

1. Except for the retained rights described in the paragraph below, all services provided and all materials Tamara’s Graphic Design produces on your behalf will become your property upon full payment of our invoices. 

Tamara’s Graphic Design retains the right to:

 

a. use work produced for the Client as part of its portfolio materials in both its online and offline portfolios;

b. add your firm to our client list; 

c. and use your work in design competitions, publications, exhibitions, or other promotional purposes.

 

2. Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 30 days of submission to you, will remain Tamara’s Graphic Design’s property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.

 

AUTHORITY

3. The Client and Tamara’s Graphic Design each represent that they have full power and authority to enter into this agreement and that this agreement is binding upon the Client and Tamara’s Graphic Design, and enforceable in accordance with its terms.

 

ENTIRE AGREEMENT

4. This agreement represents the entire agreement between the Client and Tamara’s Graphic Design, and may only be changed or modified in writing and with the approval of both parties.

 

ASSIGNMENT

5. Neither the Client nor Tamara’s Graphic Design may assign or transfer their interest in this agreement without the written consent of the other.

 

TIMELINES

6. Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks.

 

FEES & ALTERATIONS

7. Any revisions, additions, or alterations to the project modifying the terms of the agreement as the Services to be performed and not included in any fee specified, shall be billed as additional services. Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval has been given for a specific stage of design, documentation, or preparation of artwork.

 

WEBSITE DESIGN ONLY

8. Once web design is complete, Tamara’s Graphic Design will provide the customer with the opportunity to review the resulting work. Tamara’s Graphic Design will make maximum of two revisions at no extra cost within 14 days of the start of the review period. First revision the Client will appoint all the edits that the Client wants. Second and final revision the Client has one set of minor changes. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to Tamara’s Graphic Design by e-mail or text and confirmed by post.

Tamara’s Graphic Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

 

DOMAIN REGISTRATION

9. Tamara’s Graphic Design cannot guarantee the availability of any domain name. Where Tamara’s Graphic Design is to register a domain name on behalf of a Client it will endeavour to do so but the client should not assume a successful registration.

 

SEARCH ENGINE SUBMISSION

10. Due to the infinite number of considerations that search engines use when determining a site’s ranking, Tamara’s Graphic Design cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

 

RUSHED OR PROLONGED WORK

11. Any work required in advance of an agreed schedule or timetable, any shortening of the contract period, or additional fees and expenses incurred during a project due to Client delays or extensions shall be charged and paid for at an additional $50.00 rate.

 

CLIENT APPROVAL

12. The Client will appoint a single representative of the Client with full authority to provide necessary information required by Tamara’s Graphic Design and to provide approvals. The Client will be required to proofread and approve all elements of final designs. Approval must be provided before production can continue and artwork is released. 

 

13. Corrections, if required, will be identified on proofs, artwork, facsimiles, or digital proofs and submitted for Tamara’s Graphic Design to revise and resubmit for client approval. Final approval is required on every project and must be marked “Approved” with the name or initials of the individual who is authorized by the Client to approve artwork for release and production.

 

14. Email authorization from you will constitute authorization and approval to carry out work defined in the Marketing Services.

 

15. Other services such as printing, display panel production, filmwork, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge. Once a project has been designed and emailed, there will be no refunds.

 

PRODUCTION

16. In those instances where the Client assumes responsibility for production, printed proofs, copies, prototypes and mock-ups must be approved by Tamara’s Graphic Design prior to use. Tamara’s Graphic Design shall be available at reasonable times to provide advice during the production period and for approval of minor modifications of the project (hourly rates will apply).

 

17. When Tamara’s Graphic Design is engaged in a supervisory function and assumes responsibility for production on behalf of the Client, the Client agrees to abide by the decisions made by Tamara’s Graphic Design.

 

GRAPHIC DESIGN PAYMENT SCHEDULE

18. Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per below:

      a. 50% deposit upon contract acceptance

      b. 50% balance due upon delivery of the final design

 

DELAYED PAYMENTS

19. Tamara’s Graphic Design’s accounts will include taxes on fees and disbursements that are applicable by law and our accounts are due and payable upon receipt. If our accounts are not paid within 30 days of their receipt, interest will be charged on the outstanding balance at the monthly rate of 5%, compounded monthly, until they are paid.

 

DESIGN CREDITS

20. The Client agrees that Tamara’s Graphic Design is entitled to claim authorship of the design, and will be permitted editorial credits to Tamara’s Graphic Design on all published or manufactured work. 

 

21. The Client agrees to allow Tamara’s Graphic Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Tamara’s Graphic Design’ own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

 

22. The Client also agrees to allow Tamara’s Graphic Design to place websites and other designs, along with a link to the client’s site on Tamara’s Graphic Design’ own website for demonstration purposes and to use any designs in its own publicity.

 

TERMINATION

23. This agreement may be terminated in writing if either the Client or Tamara’s Graphic Design commits a breach and fails to remedy the breach within 14 days of receiving written notification from the other party specifying the breach and requiring its remedy.

 

24. This agreement may be terminated by any reason by either the Client or Tamara’s Graphic Design, if a written notification is provided within 30 days.

 

25. On termination of this project, or any part of it, for any reason, the Client will pay Tamara’s Graphic Design for the work completed to date, along with all expenses incurred on the project. Any advance of fees provided will be credited against the amount due.

 

26. In the event of termination, Tamara’s Graphic Design will retain all copyright even if the fees agreed to in advance have included the assignment of the copyright.

 

CANCELLATION

27. Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, Tamara’s Graphic Design will need formal notification in writing to the designer’s e-mail address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. 

 

28. The balance of monies due must be paid within 30 days. 

Please note: any cancellation which is not formally confirmed in writing and received by Tamara’s Graphic Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

 

DISCLAMER

29. Tamara’s Graphic Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. 

 

30.Tamara’s Graphic Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Tamara’s Graphic Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.

 

31. The customer agrees not to hold Tamara’s Graphic Design responsible for any such loss or damage. Any claim against Tamara’s Graphic Design shall be limited to the relevant fee(s) paid by the customer.

 

32. Tamara’s Graphic Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Tamara’s Graphic Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

 

INDEMNITY

33. The Client will provide accurate and complete information and materials to Tamara’s Graphic Design, and warrants and guarantees that all materials are owned by the Client or that the Client has all necessary rights (including copyright and waiver or moral rights) in such materials, to allow Tamara’s Graphic Design to use them for the project.

 

34. We will use our reasonable best efforts to guard against any loss to you caused by the failure of media, suppliers, or others to perform in accordance with their commitments, but we will not be responsible for any such loss or failure on their part, or any destruction or unauthorized use by others of your property.

 

35. Tamara’s Graphic Design is not responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility is assumed by Tamara’s Graphic Design for errors or damages resulting from such errors.

 

36. Tamara’s Graphic Design will not be responsible for delays in delivery caused by strikes, fires, floods, or any other similar circumstances beyond Tamara’s Graphic Design’s control.

 

37. You agree to indemnify Tamara’s Graphic Design, its employees, contractors and agents against all third-party claims (including, without limitation, reasonable lawyers’ fees) arising from or relating to any content or materials provided to Tamara’s Graphic Design by you or in relation to the use by you, or anyone else, of materials produced by Tamara’s Graphic Design at your request.

 

BINDING ARBITRATION

38. The parties to this contract agree that any and all disputes that cannot be settled in good faith by the parties shall be resolved through binding arbitration using the American Arbitration Association. It is further agreed that the cost of binding arbitration shall be shared equally by Tamara’s Graphic Design and the Client. 

 

39. It shall be clearly understood that any disputes that may arise are confidential with no public comment permitted in any form by either party relating to the dispute. The results of any Arbitration proceeding shall also be confidential with no public comment by either party permitted in any form relating to any award. The parties agree that any breach of this provision shall constitute a willful breach of contract.  

 

ACCEPTANCE OF QUOTATION AND TERMS AND CONDITIONS

40. The placement of an order for design and/or any other services offered by Tamara’s Graphic Design and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Tamara’s Graphic Design.

 

APPLICABLE LAW

41. This agreement and all terms and conditions will be governed and construed in accordance with the laws of United States of America.