terms-and-conditions

GENERAL

Your company will be referred to herein individually as a “Client Company“.

ABANDONED STATUS – If a client should abandon a project or contract after work has commenced, an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Abandoned contracts in cases where the client is non-responsive are also subject to an accelerated collections policy and will be submitted to a third-party collection agency if not paid or addressed within 30 days.

CONFIDENTIALITY – Client Company shall inform Think designs, LLC in writing before the project commences if any portion of any material or information provided by Client Company or if any portion of the project is confidential.

DELAYS – Illness, injury, hit by beer truck, or other events beyond Think Designs, LLC control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

NATURE OF COPY – Client Company agrees to exercise due diligence in its direction to Think Designs, LLC regarding preparation of materials and must be able to substantiate all claims and representations. Client Company is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials Think Designs, LLC prepares. Think Designs, LLC will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of Client Company

OUT-OF-STATE –  Any business outside North Carolina will require full payment due before releasing files to printer or uploading web files to their hosted server. (Doesn’t apply when hosting with Think Designs, LLC).

PAYMENT SCHEDULE – New clients will require 50 percent downpayment prior to work commencing. The project can be scheduled once the downpayment is received by Think designs, LLC. The downpayment is non-refundable. The remaining 50 percent is payable to tThink Designs, LLC upon completion of the project, and before original artwork is supplied to Client Company or printer (including 3rd party printer). The project deposit is non-refundable, and if a project is cancelled byClient Company, for whatever reason, the deposit will serve as a cancellation fee.

PAYMENT TERMS – All invoices are payable within 10 business days of receipt. Accounts which remain outstanding for 10 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount. Think Designs, LLC retains the right to hold all graphics and project development with the exception of content and graphics provided by the client until payment is received for such items.

PORTFOLIO – We reserve the right to display design work completed for your company on our digital, web and print portfolio (including any and all marketing materials). Unless noted to be confidential.

RETURN CHECKS – Returned checks will incur an additional fee of $50 per returned check. Think Designs, LLC reserves the right to consider an account to be in default in the event of a returned check.

THIRD PARTY PRINTERS/VENDORS – IfClient Company elects to use their own printer/ventor Think Designs will not be responsible for any payments due to Client Company printer/vendor or errors that may have occurred during the production process including shipping and receiving.

THIRD PARTY PROVIDERS: Total cost does not include any stock, third party photography or content writing, unless noted on quote as line item. $15.00 fee for all downloaded stock photography or illustration selected* by Think Designs, LLC, which may not be included in original quote but will show on final invoice. Additional fees may occur if  Client Company selects their own stock photography provider.

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ARTWORK/PRINTING APPROVAL, ERRORS AND OMISSIONS – Think Designs, LLC will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility ofClient Company to check all artwork carefully before final sign off and publishing. As a result, Think Designs, LLC is not liable for loss, expense or damage caused by any act or omission. Think Designs LLC will not be responsible for any color issues that may occur when printing digital, including color matching between previous print jobs and brand guidelines. Print options will be clearly marked on quote. If Client Company signs off on any printing proof, he/she will be fully responsible for any and all errors.

CHANGE ORDER: By agreeing to this quote Client Company agrees to project size and die-cut(s) specifications. If Client Company wishes to change die-cut or size of the project after agreeing to the quote a change order will be provided with the additional cost associated with the requested changes.

ARTWORK: All artwork will be delivered to client in Adobe Indesign.

PERFORMANCE LIABILITY: Think Designs, LLC does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the designs is with Client Company. In no event will Think Designs, LLC be liable to the Client Company or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if Think Designs, LLC has been advised of the possibility of such damages.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

DOMAIN – Domain selection or registration not included or assumed in this quote.  You must be the legal owner of the selected domain to be used as default for the project.

PERMISSIONS – The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes Think Designs, LLC to publicize their completed Web site to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.

PERFORMANCE LIABILITY: Think Designs, LLC does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Think Designs, LLC be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Think Designs, LLC has been advised of the possibility of such damages.

SEO – Transferring of any SEO (Meta Tags etc.) is not included. – Valid for transferring existing sites. Content writing is not included unless indicated as a line item.

ARTWORK: All artwork will be delivered to client in Adobe Photoshop CC. If Client Company requires an earlier version of Photoshop or in a different format, additional fees maybe required.

SERVER – Server setup or configuration is not included or assumed for the project unless hosting is provided by Think Designs, LLC. Additional fees may be required for migration to servers other then Linux/Apache servers. Think Designs will not accept responsibility if clients wishes to migrate the web site.3RD PARTY

ITEMS – Think Designs is not responsible for any third party plug-ins, including Authorize.net, Paypal or any other services.

WEB BROWSER: Think Designs, LLC will verify the design and functionality of all websites on the following internet browsers: current versions of Internet Explorer 11 or later, current versions of Firefox, and Safari. Should an update or up-version of any of these browsers results in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense, billed at Think Designs, LLC current hourly rate. Think Designs, LLC can not guarantee sites to function properly in any internet browser released before 2012. The client understands that any revisions, upgrades or corrections will be made at the client’s expense, billed at Think Designs, LLC current hourly rate.

WEB DESIGN/DEVELOPMENT – If client is providing their own hosting, full payment is due before releasing web site to your server. If Think Designs, LLC is providing hosting, standard terms apply. Development does not imply ongoing maintenance, upgrading, or management of the site. Think Designs, LLC will provide troubleshooting when the issue is related directly with the work delivered in the approved quote.  This support does not include troubleshooting third-party plug-ins and or third party code/software (including iFrame). Hosting services, domain registration, or any other recurring services are not included or assumed, and they must be quoted separately. Server setup or configuration is not included or assumed for the project unless hosting is provided by Think Designs, LLC. Domain selection or registration not included or assumed in this quote.  You must be the legal owner of the selected domain to be used as default for the project. Transferring of any SEO (Meta Tags etc.) is not included. – Valid for transferring existing sites. Content writing is not included unless indicated as a line item. Payment is due before Think Design has uploaded web site files to third party server or user access has been granted on WordPress backend. Any web monthly retaining service(s) will require hosting by Think Design.

WEB DESIGN/DEVELOPMENT MONTHLY PROGRAM – Monthly payment terms DO NOT include support, design or coding changes to the site. Once site is live* Client Company has a 30 day warranty. *Live indicates that the business URL is pointing to the new site. Failure to deliver your monthly payment(s) will result in the suspension of your website. You must pay the entire remaining amount in full to reactivate your site.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

LOGO TERMS – All original logo preparation materials, sketches, visuals and unused ideas shown, and considered, will remain the property of Think Designs, LLC. Think Designs, LLC is free to use these unused ideas for future conceptual, and client work. Where a previously unused idea/design retains a similar look and style to the finished logo, Think Designs, LLC shall repurpose and style as to be sufficiently different so as not to cause conflict.

FONTS – Any fonts/typefaces that are purchased for the final logo, and/or supporting brand identity assets, are subject to commercial licensing laws. A font/typeface licenses gives only the owner full rights to use the font/typeface as necessary. It is against the law for Think Designs, LLC to provide any client a ‘copy’ of any font/typeface that Think Designs, LLC owns.

DEPOSITS – All deposits are non-refundable regardless if you have not selected a logo design

PERFORMANCE LIABILITY – Think Designs, LLC does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Think Designs, LLC  be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if Think Designs, LLC  has been advised of the possibility of such damages. You are free to change, modify and adapt the finished logo design as you see fit, but you do so at your own risk, and at the risk of diluting, or causing confusion, over your existing brand identity.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

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