Terms

Unless otherwise stated, the following terms and conditions are agreed to:

Estimate. A copy of VANN DESiGN’s estimate for services and out of pocket costs shall be provided to Client before any work begins.

Payment. Client will be billed 1/3 upon commencement of work, 1/3 upon approval of the comprehensive, and the balance of the total upon delivery of final disk to the client.

Invoices. VANN DESiGN shall invoice Client for all amounts due, with applicable sales and use taxes, if any, and all invoices shall be due upon receipt and with a charge of one and a half percent (1.5%) compounded monthly on amounts unpaid more than thirty (30) days.

Client’s Work. Client shall supply any work or material related to the project in a timely manner. Client warrants that VANN DESiGN’s use of the work will not violate or infringe the rights of any other party.

Time. VANN DESiGN shall perform work in a timely manner. However, the estimated time for completion of work shall be suspended for a period coextensive with the period of any delays caused by Client, and any other delays not due exclusively to VANN DESiGN. In the event that there are material defects in any work under this contract, The Client shall notify VANN DESiGN of the material defects within the time provided for Client’s review of work. VANN DESiGN shall have an opportunity to cure the defect during normal business hours, within a reasonable time for the performance of the services.

Suppliers. Client directs VANN DESiGN to order all work on account of and in behalf of Client, c/o VANN DESiGN, and Client shall be the direct beneficiary of the warranties, if any, accompanying the products and services obtained by VANN DESiGN on Client’s behalf.

Revisions. AA’s (author’s alterations) are billed on a per item basis. Simple text and layout changes are billed at $10 per page (the first two rounds are FREE). Comprehensive layout and text changes are billed at $125 per page. These charges will be added to the invoice total when the job is billed.

Trademarks. Client warrants that Client shall search and clear all trademarks prior to using them and that Client will not use any design which tends to be confusingly similar to an existing design. VANN DESiGN expressly disclaims any warranty that trademark designs will not conflict with existing trademark designs.

Finished Work. All finished work, printed materials, and fabrication shall be subject to acceptable trade variations as to kind and quantity (color and quantity variations of up to ten percent (10%), and applicable price variations in accordance with trade practices.

Kill Fees. Prior to VANN DESiGN’s preparation of press-ready materials, the “kill fee” for cancellation of services shall be two-thirds (2/3) of the fee (plus all costs). All licenses and art work shall be retained by VANN DESiGN. Full fee shall be due after preparation of press-ready materials, or use in whole or in part, of design ideas or work.

Warranties. Upon delivery of final product, if Client is not completely satisfied that VANN DESiGN has met or exceeded Client’s expectations, VANN DESiGN will refund any payments made and cancel all fees for our design services (minus out of pocket expenses). Refunding fees reverts ownership of all art and design to design firm (see “Usage/Rights Transferred”).CLIENT EXPRESSLY AGREES THAT IT WILL HOLD VANN DESiGN HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT’s USE OF VANN DESiGN’s PRODUCT TO EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS.

Indemnification. The client shall indemnify and hold VANN DESiGN harmless for any liability (including liability for attorneys fees and costs) that might arise against VANN DESiGN in connection with performance of the contract, or in connection with Client’s breach of this contract, or any warranty made herein. In no event shall VANN DESiGN be liable to the Client for any sum beyond that which VANN DESiGN has actually received from Client, after deduction therefrom for VANN DESiGN’s overhead and out of pocket expenses.

Usage/Rights Transferred. Until final payment is made, VANN DESiGN retains ownership of all art and design, whether preliminary or final. No use of same shall be made, nor any ideas obtained therefrom used, except upon compensation to be determined by VANN DESiGN. After final payment is received and except as may be otherwise agreed to by VANN DESiGN and Client, Client shall have the authority to reproduce, disseminate, and display work for the purposes stated in the specifications. VANN DESiGN retains the right to use the completed project and any preliminary designs for the purpose of design competitions and marketing materials. Where applicable, Client will be given any necessary credit for usage of the project elements.

Risk of Loss. The risk of loss shall be on the Client except for losses occurring on VANN DESiGN’s premises for which VANN DESiGN is insured.

Breach of Contract. In the unlikely event that Client breaches this contract or withholds payment, Client shall reimburse VANN DESiGN for any attorney’s fees, collection costs, and court costs that VANN DESiGN incurs in collection efforts.

Law. The Courts in the place where VANN DESiGN resides shall have personal and subject matter jurisdiction in any dispute between VANN DESiGN and Client arising from this agreement. The parties acknowledge this agreement is to be construed in accordance with the laws of the place where VANN DESiGN resides, and that this agreement has been executed and is to be performed in whole or in part in the jurisdiction in which VANN DESiGN resides, and that it causes consequences in the jurisdiction in which VANN DESiGN resides.
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