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Terms


 

1. PRICING, ESTIMATES, TERMINATION AND REFUNDS

All prices are subject to change with notice. All quotes are valid for 30 days. 50% deposit is required before any work begins and the remaining payment is required when final design is approved but before it is delivered (via email or Dropbox). The Client should understand that the design(s) belong to 2nd Deck Creative, until all invoices are paid in full. Given the custom nature of design work, all sales are non-refundable. Please make sure the design(s) meet your specifications before approval of the final design(s) for delivery. Payments are accepted via PayPal (with an added 3% transaction fee to the total) and major credit cards. The email address associated with PayPal is: deckerjs16@gmail.com. In the event of termination of this project during the process, ownership of all copyrights and the original artwork shall be retained by and shall be returned a fee for work completed (based on expenses incurred) which should be paid by the Client. 2nd Deck Creative also retains the rights to sell designs concepts (not including your business name and information). Designs conceptualized and created by the Client will not be resold under any circumstances.

2. CLIENT QUESTIONNAIRE

It is critical to devote the time to filling out the client questionnaire as accurately as possible. The design work will be customized from your response, therefore it is important to the design process that you answer accurately in order to receive a finished product that you will approve of. This will also help you avoid additional charges.

3. TIMELINE AND REVISIONS

Logo and brand design processes include 2-4 revisions. Print and web design processes include 1-2 revision. You are required to respond with an approval which lists out the comments, changes and/ or approvals within a reasonable amount of time after reviewing concepts (2-3 days). Clients are responsible for making additional payments after the specified number of included revision cycles has been exhausted. It is your duty to offer the first opportunity to make any changes. If the Client fails to provide an approval, 2nd Deck Creative holds the right to stop/hold the project no matter if there was an agreed deadline. Changes after final file delivery will be charged separately on an additional cost. Illness, injury, or other events beyond control, such as: fire, theft, computer failure, and Acts of Nature may result in a delay of unpredictable length. 2nd Deck Creative provides many opportunities to revise designs, spelling errors and incorrect information. It is agreed that 2nd Deck Creative is not responsible or held liable for any errors contained in the final delivered files / products.

4. ORIGINALITY

2nd Deck Creative asks that you respect our education, enterprise and originality by not altering the artwork in ways that may unfavorably reflect 2nd Deck Creatives style and technique. Due to the custom nature of design, all projects are final and no refundable. We are willing to work with you until you are satisfied, or we will refer you to an agency that may better assist you.  

5. FINAL FILE DELIVERY

You will receive logo files in .jpg, .png transparent and .eps format. Print files will be delivered in .pdf format. Web files will be delivered in either .png and/ or .jpg format. You will also receive font names (which are all free for commercial use) Pantone codes, RGB, CMYK, and HEX color codes.

6. WEBSITE

Domain name and hosting services must be purchased by the Client. 2nd Deck Creative is not responsible for server downtime, software issues or any other compatibility issue that may arise after the launch of the site. 24-48 hours of downtime is probable to occur when changing domains and emails. We recommend that you use squarespace.com, iwantmyname.com or godaddy.com for your domain and hosting services. After launch of the site, rates for updates and changes apply.

 

7. SOCIAL MEDIA INTEGRATION & PASSWORDS

Before the creation of your website, I will share a private Dropbox folder with you. I ask that you share your hosting logins, passwords and social media links/handles and passwords if you opt for social media integration. Passwords will only be shared between the Client and 2nd Deck Creative.

8. CONTENT

All content (text, photos, products etc.) is required and must to be finalized before implementing. For websites, all images used for gallery/portfolio (up to 15) must be sized accordingly at minimum of 3000px wide. If content is not ready prior to test site, the project will be delayed and additional charges may apply. Page titles/navigation must be finalized so the wireframes of the website is built according. Content for menus, e-books, magazines, worksheets etc. must be finalized before layout concepts are drafted. Additional fees may apply if changes are needed.

9. MATERIALS PROVIDED BY THE CLIENT

The Client shall provide accurate and complete information and materials to 2nd Deck Creative and shall be responsible for the accuracy and completeness of all information and materials provided. The Client guarantees that all materials supplied to 2nd Deck Creative are owned by the Client or that the Client has all necessary rights in such materials to permit 2nd Deck Creative to use them for the project. The Client shall indemnify, defend, and hold 2nd Deck Creative harmless from and against any claim, suit, damages and expense, including attorney fees, arising from or out of any claim by any party that its rights have been or are being violated or infringed upon with respect to any materials provided by the Client.

10. STOCK PHOTOGRAPHY

2nd Deck Creative may use stock photos to enhance the style/look of the brand. Stock photography is strongly suggested because it supports accomplishing a certain look/feel of consistency and professionalism. A client estimate may not reflect the purchase of stock photography. The client has the right to refuse to purchase any stock photography with the full knowledge and understanding that the removal of these elements may possibly change or alter the aesthetics of the design. The project will not contain any unapproved stock components when delivered. A regular license or an extended license will be associated with each purchase.

12. RESOLUTION

Neither the Client or 2nd Deck Creative may assign or transfer their interest in this Agreement without the written consent of the other. If any legal disputes shall arise, they will be governed by the laws in the country and state where 2nd Deck Creative resides, not by the country or state where you, the Client, resides.

13. CONFIDENTIALITY

2nd Deck Creative acknowledges access to information which relates to the Client past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. 2nd Deck Creative agrees to protect the confidentiality of the Client proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Designer can display materials and final work created for the Client on 2nd Deck Creative website for promotional purposes.