These terms and conditions supersede any previous terms and conditions distributed in any form. Millzy Graphix, LLC reserves the right to change any rates and any of the terms and conditions at any time and without prior notice.
ACCEPTANCE OF QUOTATION AND TERMS AND CONDITIONS
The placement of an order for design and/or any other services offered by Millzy Graphix, LLC and validated by the client’s signature on the quotation form, constitutes acceptance of the quotation and agreement to comply fully with all the terms and conditions and forms a contract for business between the client and Millzy Graphix, LLC.
Designer shall provide Client with the following services and/or products ("Services"):
COST, FEES AND PAYMENT
The total cost ("Total Cost") for all Services is due in full by date on invoice . Client shall pay the Total Cost to Designer as follows:
Charges for design services to be provided by Designer, will be set out in the quote that is provided to the Client. At the time of the client’s signed acceptance of this estimate, indicating acceptance of the terms & conditions, a non-refundable deposit of 50% (plus additional rush fees, when applicable), The quoted fee will become immediately due. Projects with quoted fees under $100 will be due in full. When applicable, rush order fees are due to begin the design process and will be added to the initial deposit. The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Designer for committing to provide the Services and turning down other potential projects/clients. Work on the project will not commence until Designer has received this amount. For large scale projects over $1000, the Client will have the option to break the cost into three separate payments, with the first payment considered the nonrefundable deposit. All payments must be complete before any work is delivered to the Client. If the Client is quoted and charged for a set number of hours to complete a project and the quoted amount of hours are exceeded, the Client will be billed at the Designer's standard rate of $25 an hour until the project is completed. Complimentary artwork is limited to a set number of given revisions. If the client requires more than the included revisions, additional revisions can be purchased. Final balance will be due before final files are sent, printing begins, or website is launched OR by the scheduled date on the payment schedule below, whichever is first. Client is also responsible for the 3% payment processing fee.
PAYMENT AND DEFAULTS
Designer accepts payment via our website or invoice only.
Accounts with an outstanding balance for 30 days after the date of invoice, will incur an extra charge of 15% of the outstanding amount. After 45 days of no payment, the account will be considered default and closed. All work and design concepts will be lost to Client. Designer will not release the final files until the Client’s account balance is paid in full. Designer shall be considered entitled to remove Designer and/or the Client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid fees due for services, including, but not limited to, logos, business cards, flyers, invitations, brochures, website, or any other medium. Removal of such materials does not relieve the Client’s obligation to pay the due amount. Clients whose accounts become default agree to pay Designer reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.
CHARGES FOR ALTERATIONS AND OTHER SERVICES
Charges for any additional services the Client may request after the initial project scope has been accepted will become fully payable (100% of the quoted amount) at the time of the quotation acceptance. The Client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The Client also agrees that Designer holds no responsibility for any amendments made by any third party, before or after a design is published.
Any indication given by Designer of a design project’s duration is to be considered by the Client to be an estimation. Designer cannot be held responsible for any project over-runs, whatever the cause. Rush orders are the exception. Rush orders will be completed within the given timeline unless unforeseen circumstances hinder the process. If that is the case, the rush order fee will be refunded to the Client. The project timeline begins once the initial deposit or full payment are received by Designer.
RIGHTS OF REFUSAL
Designer will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Designer also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Designer does include in all good faith, and then finds out that it contravenes these terms and conditions, the Client is obliged to allow Designer to remove the contravention without hindrance, or penalty. Designer to be held in no way responsible for any such data being included.
AUTHOR’S CORRECTIONS AND OWNERSHIP
Author’s corrections are changes made outside of originally supplied content/brief. For example, the Client provides wording and images for a flyer and after the 3 included revisions, the Client decides to change the wording or images then the Client will be charged per additional revision. To avoid, be sure to provide adequate feedback in the first 3 free round of changes as it will save a lot of time moving forward.
The Client will have ownership of the final design for use in any media application that is beneficial to your business. Designer retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The Client understands that it is the Client’s responsibility seek trademark on the design.
In the event that any copyrighted work(s) are created as a result of the Services provided by Designer in accordance with this Agreement, Designer owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Once all design charges have been paid in full, the Client has the right to trademark designs created by Designer for the Client's use.
Regarding outside designs, text, images, and other artwork provided by Client to Designer for inclusion in the Client’s logos, business cards, flyers, invitations, brochures, website, or any other medium, the Client declares that he/she holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Designer on behalf of the Client, will remain the property of Designer. Once the balance has been made in full, the Client has the right to trademark designs created by Designer for the Client's use.
By supplying images, text, or any other data to Designer, the Client grants Designer permission to use this material freely in the pursuit of the design. Should Designer, or the Client supply an image, text, audio clip or any other file for use in logos, business cards, flyers, invitations, brochures, website, or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow Designer to remove and/or replace the file on the site. The Client agrees to fully indemnify and hold Designer free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.
LOGO AND GRAPHIC DESIGNS - ARTISTIC RELEASE AND CONSISTENCY
Client has spent a satisfactory amount of time reviewing Designer's work and has a reasonable expectation that Designer will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Designer will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with current portfolio and Designer will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client is different, with different tastes, budgets, and needs;
services are often a subjective art and Designer has a unique vision, with an ever-evolving style and technique;
Designer will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although Designer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Designer shall have final say regarding the aesthetic judgment and artistic quality of the Services.
PRINT DESIGN COMPLETION AND DELIVERY
Draft of print design will be sent to Client for approval before beginning the printing process. Delivery time-frame is not included in initial turnaround time. A shipping confirmation including tracking information will be emailed to the Client. With all printing there may be some color variations from electronic visual representations of design and previous orders to the final printed design. This is due to the nature of cmyk printing and bulk-run printing system. Designer cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or carrier although the utmost care will be taken to ensure the products arrive on time and undamaged.
Once web design is complete, Designer will provide the Client with the opportunity to review the resulting work. Designer will make one set of minor changes at no extra cost within 14 days of the start of the review period. 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 Designer by email.
Designer will consider that the Client has accepted the original draft, if no notification of changes is received in writing from the Client, within 14 days of the start of the review period.
In regarding the website's functionality, the Designer will provide the Client with a 30 day test period after completion to monitor the site and make sure the website is functioning properly, as previously agreed upon between Client and Designer. If the site does not fully function in accordance to the original agreed upon capability, the Designer will perform the corrections, free of charge, unless the issue requires payment related to software and features out of the Designer's control.
Designer does not offer in-house hosting services. Designer will provide the Client with choices of hosting service providers that fit the Client’s needs. Designer may request that Clients change the type of hosting account used if that account is deemed by Designer to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for the hosting service are due at the start of service and are non-refundable. Fees due to third party hosting organizations are the responsibility of the Client and Designer are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client / domain owner. Duration and renewal of hosting services unless otherwise specified, hosting services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. The Client is entitled to cancel the services either themselves or by contacting Designer no less than 3 months prior to the renewal date for hosting services.
Designer cannot guarantee the availability of any domain name. Designer includes the purchase of the Client’s domain for one year with all web development services. After the initial year, it is the Client’s financial responsibility. Rights of access for website construction the Client agrees to allow Designer all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The Client also agrees to allow Designer access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these terms and conditions. The Client agrees to supply Designer with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
DESIGN PROJECT COMPLETION
Designer considers the design project complete upon completion of the final balance, the Client’s review and written approval.
The Client agrees that the Designer cannot guarantee the site will continue to function with no issue after the initial 30 day test period. The Client agrees that the website and software will require monthly, occasionally weekly, updates in order to function at full capacity. The Client will have the option to choose the Designer's Retainer Program, which includes a monthly fee to handle the website's updates.
The Retainer Program's level tiers are as followed:
Level 1: $50 per month
Monthly Updates - Software and Apps
Level 2: $100 per month
Level 3: $250 per month
Minor Design Changes
Bi-Weekly Email Marketing
Level 4: $375 per month*
Minor Design Changes
Weekly Email Marketing
Bi-Weekly Social Media Ads
Level 5: $475 per month*
Minor Design Changes
Weekly Email Marketing
Weekly Social Media Ads
*Price can be increased based on your ad budget.
Retainer Program does not include:
Full Website Design: If you need a new website designed from scratch, this will be quoted and billed as a flat fee.
New Brand Identity: If you need a new business, product, or project logo designed from scratch, this will be quoted and billed as a flat fee.
Expenses: Services like web hosting purchases and printing are not included.
The Client will choose the retainer plan that fits their websites needs after the initial test period. The Client also has the option to opt out of the Retainer Program, leaving updates to be the sole responsibility of the Client. The Designer is not responsible in educating the Client or anyone else the Client may hire on performing updates.
SEARCH ENGINE SUBMISSION
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Designer 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.
The Client agrees to allow Designer to place a small credit link to Designer’s own website on the Client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The Client also agrees to allow Designer to place websites and other designs, along with a link to the Client’s site on Designer's own website for demonstration purposes and to use any designs in its own publicity.
LIMIT OF LIABILITY
Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Designer.
LOSS OF PRODUCT
In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Designer shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Client agrees to indemnify, defend and hold harmless Designer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Designer provides to Client.
Designer makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Designer will not be held responsible for any and all damages resulting from products and/or services it supplies. Designer 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. The Client agrees not to hold Designer responsible for any such loss or damage. Any claim against Designer shall be limited to the relevant fee(s) paid by the Client. Designer 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. Designer will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.
Designer shall not be liable for any failure or delay in supply or delivery of artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Designer including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
DELAYS AND TERMINATION OF SERVICE
Illness, injury, or other events beyond Designer control, such as fire, theft, computer failure, etc., may result in a delay of unpredictable length.
This agreement can be terminated at any time by either party. In the event of cancellation of this order by the Client, Designer will retain the initial 50% deposit and will charge for any extraneous expenses that have accumulated up to the cancellation date. In the event of cancellation of this order by Designer, the initial deposit will be refunded, minus the billable hours and any extraneous expenses that have accumulated up to the cancellation date.