Terms & Conditions for Graphics Design Services Provided
Brozra Web Solutions LLC, referred to here as "Brozra Web Solutions", will design requested graphics for Client, referred to in this document as "Client", to the specifications in the Graphics Design Description given in the signed agreement.
2. Delivery Methods & Final Product Use
This Agreement is for the sole purpose of stand-alone graphics design services. The medium of delivery will be by electronic methods and the resultant product may be used for electronic and print media. Print services not offered by Brozra Web Solutions LLC.
3. Scope of Work
- Graphics design work will consist of only that which is described in the Agreements 'Graphics Design Description'. Additional work required by Brozra Web Solutions may result in charges beyond the estimate in this Agreement.
- If pages, graphics, or other features are added, or work beyond the scope of the Agreement is otherwise required by the Client in writing, additional charges may apply. In this case, Client will be provided with a written estimate for the additional work.
- Client acknowledges that the scope for a graphics design project is limited to the type and variance of the design chosen. The end-product will be one (1) graphic per agreement. Brozra Web Solutions will make variations of graphics based upon Client input. Only the final, Client-approved graphic will be released to Client with copyright.
- The process for the creation of graphics consists of 1) Client must provide a general basis for the graphic design (i.e. colors, font (sans-serif or serif), general themes, shapes, application (web or print), or previous graphics to update / enhance) to Brozra Web Solutions; 2) Brozra Web Solutions providing mockups and asking for feedback from the Client; the feedback is then used to produce other design drafts. Excessive revisions that cause us to go beyond the initial estimate price may warrant a revision / addendum to the contract for additional compensation.
- Upon final approval of graphic(s) Brozra Web Solutions will provide Client with the graphic(s) via electronic methods (e-mail, FTP) or on a CD / DVD (dependent on the size of the file). All graphics provided will also be accompanied with a Copyright release upon final payment for services rendered. Client may request the following file type extensions: GIF, JPG, BMP, TIF, PDF, PNG, PSD (layered or flattened), EPS (layered or flattened), and AI (layered or flattened).
- Brozra Web Solutions assumes that Client will provide input and approvals on design within 3 business days of receiving materials to review. Client acknowledges that if this timeframe is exceeded, the schedule will be adjusted accordingly and may incur additional charges.
- Client acknowledges that changes to the described scope of work for this project will result in additional charges and may affect the development schedule.
4. Applicable Uses
- Client will provide Brozra Web Solutions in writing (e-mail or postal mail) with a request of how the graphic(s) will be applied. By this, meaning if the graphic(s) will be used for web-related or print-related purposes. Requests for vector graphics MUST be made in writing in order to ensure proper creation and avoiding delayed production times.
5. Payment Schedule
- If Client fails to pay any amounts within this agreement, Customer shall be liable for all legal fees and court costs incurred by both parties to satisfy said payment(s).
- Any payments made by credit card will be subject to a service fee of 3.1 %.
- A late charge penalty of 1.5% of the unpaid balance will be assessed if payments are not received by their due date.
6. Termination & Cancellation
- Client acknowledges that Brozra Web Solutions may terminate this agreement, and retain Customer's non-refundable deposit if Customer fails to provide all materials required for the completion of the web site within 30 days of the contract date.
- Should Client fail to initiate the creation process by not responding to requests for information, or for the completion of the Client Survey document within thirty (30) days, Client’s account will be considered inactive and the Project will terminate. No refunds or credits will be given.
- If Client cancels the project prior to commencement of design phase: 50% of “total fees,” defined as the Project Total Cost. If Client cancels the project after design work has begun but prior to completion of finished work: 90% of Project Total Cost. If Client cancels the project after design has been completed: 100% of Project Total Cost.
7. Mutual Performance Obligations
- Client and Brozra Web Solutions hereby acknowledge and agree that completion of the project described in this Agreement requires the mutual cooperation, assistance and participation of both Client and Brozra Web Solutions, including without limitation with respect to Marketing Collateral Delivery, Content Delivery, Timely approval of development milestones. Client and Brozra Web Solutions agree to work together in a commercially reasonable manner to complete the project described herein, and shall not engage in any activity or course of conduct to hinder or prevent in whole or in part the other party's ability to perform its obligations hereunder.
- Brozra Web Solutions strives towards creating graphics that meets Client’s expectations. However, Brozra Web Solutions does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the described scope of the Project. Every step of the Project requires Client’s feedback. Failure to provide timely and reasonable feedback may delay or frustrate completion of the Project and compromise the timeline. Brozra Web Solutions is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback by the Client.
- Should Client fail to respond to requests for feedback for a period of 14 days during either the design or development phases, the project will be automatically archived and resources assigned to Clients project will be reassigned elsewhere. Any payments made on the project to date will be non-refundable and forfeit. A $500 reactivation fee will need to be paid in order to have resources reassigned again to the project and the project un-archived.
- All graphics design created by Brozra Web Solutions are the property of Brozra Web Solutions; upon full payment, web site design and files become the property of the Client.
- Assuming Client is pleased with Brozra Web Solutions’s services, Client agrees to serve as a reference for Brozra Web Solutions, and to allow testimonial quotes to be used by Brozra Web Solutions.
- Client represents that any elements of text, keywords, keyword phrases, graphics, photos, designs, trademarks, or other artwork provided to Brozra Web Solutions for consideration of graphics design are owned by Client or are part of the public domain, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Brozra Web Solutions from any liability or suit arising from the use of such elements.
- Brozra Web Solutions is not responsible for changes made to the graphics provided by other parties that adversely affect the resolution or quality of Client’s graphic(s).
- Brozra Web Solutions reserves the right to utilize any created graphics, in whole or portions, for future designs for other Clients. Modifications will be made to ensure Copyright protection.