terms of design services
AGREEMENT FOR DESIGN SERVICES
This Agreement for Design Services (hereinafter, “Agreement”) is made by and between Rock Paper Sisters, LLC and purchasing client.
The terms of this Agreement shall be effective for five business days after delivery to Client. In the event Client does not execute this Agreement within the identified period, the Designer may modify the Agreement and resubmit it to Client.
SERVICES TO BE PERFORMED
Scope of Work
Designer agrees to perform the Services described in the product description with corresponding client information provided.
Final Deliverables and Delivery Schedule
Deliverables are the Services and work product to be delivered by Designer to Client, in the form specified. Final Deliverables are all final versions of work provided by the Designer and accepted by the Client. Designer will provide Client with a final digital proof prior to printing and final hard copies of deliverables for mailing. Hard copy proofs for review can be provided to the Client at $25. (hereinafter, “Final Deliverables”).
Proofs will be provided within seven business days following purchase. Fully approved collection pieces will be printed immediately following proof approvals. Following print production, collection pieces will be assembled, packaged and mailed to Clients.
Any indication given by Designer regarding delivery dates is to be considered an estimate. Client acknowledges and agrees that Designer’s ability to meet any and all deadlines is entirely dependent upon Client’s prompt performance of its obligation to provide materials, approvals and/or instructions and that any delays in Client’s performance or revisions in the Services or Deliverables requested by Client may delay delivery. Any such delay caused by Client shall not constitute a breach of any term, condition or Designer’s obligations under this Agreement.
Acceptance/Rejection of Deliverable
Within five business days after delivery of the Deliverable to Client, Client must notify Designer in writing of any failure of such Deliverable to comply with specifications, or of any other objections, corrections, or revisions Client wishes to be made with such Deliverable, or Client’s approval of the Deliverable. In the absence of such notice from Client, the Deliverable shall be deemed accepted and approved by Client five business days after delivery of the Deliverable to Client.
Designer’s Fee includes two rounds of revisions. For additional revisions requested by Client, Client shall pay an additional fee of $10 for each round of revisions requested. Such fees shall be in addition to all other amounts payable under this Agreement, despite any maximum budget or final price agreed to herein. Client understands that requests for revisions may extend or delay the delivery schedule. Any such delay caused by revisions requested by Client shall not constitute a breach of any term, condition or Designer’s obligations under this Agreement.
1. In addition to all other obligations specified herein, Client is responsible for:
a. Making timely decisions and providing feedback and/or information requested by Designer;
b. Proofreading work product for typographic errors or misspellings;
2. If Client fails to respond to a Designer request(s) within five business days, then Designer reserves the right to discontinue Services, withhold delivery of the Deliverables and any transfer of ownership of any current work. Any such delay caused by Client shall not constitute a breach of any term, condition or Designer’s obligations under this Agreement. If Designer resumes performance of Services, at his/her discretion, the Delivery Schedule and Designer Fees may be modified.
Designer retains all rights, title, and interest, including all copyrights, patent rights, and trade secret rights in Final Deliverables. Designer assigns Client a nonexclusive license to use and display the Final Deliverables subject to the following terms:
• In the form of final delivery to guests.
• Can not be used in whole or in part to create other items or materials such as, but not limited to using design elements to create other materials for your event (including custom monograms, custom artwork, or other custom design created by Designer).
The rights granted to Client are for use of the Final Deliverables in its original form only. Client may not change, create derivative works or extract portions of the Final Deliverables. Additional use of any Final Deliverables by Client outside the scope of the license granted described herein requires additional fees. Designer shall be entitled to further compensation. In the event of non-payment, Designer shall be entitled to pursue all remedies under law and equity.
Designer retains the right to reasonably reproduce, publish and display the Final Deliverables for marketing, promotional purposes, portfolio use, sample work and/or case studies.
Preliminary Works are all artwork including, but not limited to concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by the Designer and which may or may not be shown or delivered to Client for consideration that do not form part of the Final Deliverables. Designer retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to Designer within five business days of termination of this Agreement.
All displays or publications of the Final Deliverables shall bear accreditation and/or copyright notice in Designer’s name as follows: Rock Paper Sisters, LLC using business name, logo or social media links.
TERM OF AGREEMENT
This Agreement will become effective on the date which the Client purchases deliverables.
This Agreement will terminate on the earliest of:
a. The date the Designer delivers the Final Deliverables specified in this Agreement to Client,
b. The date a party terminates the Agreement as provided herein.
TERMINATING THE AGREEMENT
Either party, without cause, may terminate this Agreement by delivering five business days written notice to the other party.
1. Termination by Client
In addition to any other obligations set forth in this Agreement upon termination, if Client terminates this Agreement:
a. all payments made to date to Designer are non-refundable;
b. all outstanding Designer’s Fees for Services and Additional Services rendered through the date of termination and all outstanding reimbursements of expenses will be due immediately; and
c. upon full payment of compensation as provided herein, Designer will grant to Client the agreed upon right and title to those Deliverables accepted by Client as of the date of termination. Client’s use of any work done by Designer in connection with this Agreement without Designer’s written consent could result in additional fees or legal action.
2. Termination by Designer
In addition to any other obligations set forth in this Agreement upon termination, if Designer terminates this Agreement:
a. the Designer will retain all earned Designer’s Fees for Services and Additional Services rendered through the date of termination and all outstanding reimbursements of expenses;
b. all outstanding reimbursement of expenses, Designer’s Fees for Services and Additional Services for serviced rendered through the date of termination will be due immediately.
If Designer terminates this Agreement for reasons other than Client’s material breach of this Agreement, the Designer will assist Client in transferring the Project to a new designer.
In the event of termination, the receiving party will return all Confidential Information to the disclosing party.
LIMITATION OF LIABILITY
IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THIS AGREEMENT TO BOTH THE CLIENT AND THE DESIGNER, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE PARTIES AGREE TO LIMIT THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES TO THE AMOUNT OF Designer’s TOTAL FEES UNDER THIS AGREEMENT. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING UNLESS OTHERWISE PROHIBITED BY LAW.
HOWEVER, EACH PARTY WILL REMAIN LIABLE FOR BODILY INJURY OR PERSONAL PROPERTY DAMAGE RESULTING FROM GROSSLY NEGLIGENT OR WILLFUL ACTIONS OF THE PARTIES.
THIRD PARTY PROVIDERS
Client acknowledges that Designer is not liable for and Designer makes no representation or warranties regarding the performance or quality of goods and services of any third party providers.
REPRESENTATIONS AND WARRANTIES
Designer represents and warrants that:
a. The Services will be performed in a professional and workmanlike manner and that none of such Services or any part of this Agreement is or will be inconsistent with any obligation Designer may have to others.
b. All work under this Agreement shall be Designer's original work and none of the Services, Final Deliverables, intellectual property, or any development, use, production, distribution or exploitation thereof will, to the best of Designer’s knowledge, infringe, misappropriate or violate any intellectual property or other right of any third party.
Client represents and warrants that:
a. Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of any content that Client provides to Designer;
b. None of the content that Client provides to Designer, will, to the best of Client’s knowledge, infringe, misappropriate or violate any intellectual property or other right of any third party.
If a dispute arises under this Agreement, it shall be settled exclusively by submitting to a mutually agreed-upon arbitrator in Franklin County, Ohio. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
All notices, requests, claims, demands and other communications between the parties shall be in writing. All notices shall be given (a) by delivery in person, (b) by a nationally recognized next day courier service, or (c) by first class, registered or certified mail, postage prepaid, to the address of the party specified in this Agreement or such other address as either party may specify in writing. Such notice shall be effective upon (a) the receipt by the party to which notice is given, or (b) on the third day following mailing, whichever occurs first. Notice may also be given by facsimile or electronic mail. Such notices shall be effective upon receipt of a written acknowledgement by the party to which notice is given.
This Agreement (including attachments) contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The headings contained in this Agreement are strictly for convenience, and shall not be used to construe meaning or intent.
The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.
A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations.
APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of Ohio and any disputes arising from it must be handled exclusively in the federal and state courts located in County of Franklin, Ohio
ASSIGNABILITY AND PARTIES OF INTEREST
No Party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party. Nothing in this Agreement, express or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.
What Type of Information Do You Collect?
We only collect information that is provided with 1) consent, or 2) a legal basis, namely, a legitimate interest. Personal information collected by the Company may include:
Name, postal address, phone number, social media account links, and e-mail address.
Financial account information, such as credit card number and other payment information. Please note, we do not retain credit card information, as it is processed through a third-party server, via Dubsado and Stripe
We may also collect information about you such as:
If you create an account - your username, password, and other demographic information that you provide.
If you purchase from the Company - what you buy, how frequently you buy, and other products you look at.
If you opt-in for an email freebie our sign up for mailing list - your email address, interests as indicated by checking the box,
your email opening rate, and your click through rate.
If you connect your account to another service such as Facebook, Google, Amazon, Twitter, Teachable, Disqus, or any other account capable of connecting to our website, the other service may send us your registration or profile information on that service that you authorize. This information enables cross-platform data sharing to improve your user experience.
Any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure, namely for the protection and assertion of our legal rights, your legal rights and the legal rights of others.
How Do You Collect Data?
We may 1) collect data you submit to us through forms, check out modules, or other methods, or 2) automatically collect website use information when you visit our web site, by utilizing cookies, Local Shared Objects, and web beacons.
Cookies are small data files stored on your hard drive by a website to, among other things, help us improve our site and your experience. In addition, this site uses targeting or advertising cookies to count visits to our site and to see which topics, products, and features are popular to our users. These cookies are used by third parties such as social networks and advertisers to collect information about your browsing habits and share it with other websites so they can display advertising relevant to you, provide services, and to allow Like buttons and Share buttons to work. Most browsers feature an opt out of cookie collection, and you can choose to have your computer warn you each time a cookie is being sent, or you c an choose to turn off all cookies. The methods for doing so change from browser to browser, and from version to version. You can obtain up-to-date information about blocking and deleting cookies via these links:
https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
https://support.apple.com/kb/PH21411 (Safari); and
In addition, to identify Local Shared Objects on your computer and adjust your settings, visit:
http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The information we gather may include information about your Internet service provider, your operating system, browser type, domain name, Internet protocol (IP) address, your access times, the website that referred you to us, the Web pages you request, and the date and time of those requests.
The Company may also collect aggregated or anonymized usage data that does not personally identify you, but will provide us with information on site usage.
How Do You Use Information About Me, a User?
We use and processes information which we have either 1) consent, or 2) a legal basis to process,namely a legitimate interest. The Company may use the information we gather to:
Administer our website and business, provide our services, ensure the security of our website and services, and maintain back-ups of our databases;
Enable and monitor your use of the website;
Communicate with you about your orders, purchases, accounts, and requests for information;
Allow us to process orders, registrations, and customer service inquiries;
Provide you with information about content, products, and services we offer, and advertise/market relevant content, products, or services to you;
Allow us to better service you in responding to your customer service requests;
Administer a contest, promotion, survey or other site feature;
Quickly process your transactions;
Keep proper records of transactions;
Send periodic emails regarding your order or other products and services; or to
Comply with, enforce, defend, or indemnify our or any other party’s legitimate legal interest.
How is my Personal Information Secured?
Company maintains appropriate physical, technical and administrative security to help prevent the loss, misuse, unauthorized access, disclosure or modification of personal information. We use strong passwords to protect all accounts containing user data, and keep hard copies (if required) of user data confidential.We use SSL certificates to protect your data. We maintain updated apps, programs, and passwords. While we take these steps to protect your personal information as much as we reasonably can, no system or transmission of data over the Internet or any other public network, or any storage of data, can be guaranteed to be 100% secure. If you are concerned about your user data, please contact us at firstname.lastname@example.org
What happens if there is a data breach?
If there is a data breach, we will notify you by email within seven (7) days.
How Can I Update My Personal Information?
Company offers choices for you to update your personal information and the way we communicate with you. Here are some of the ways you can request changes:
Follow the opt-out instructions in promotional emails we send you.
Sign in to your account, if you have one, and visit the Account Settings section to manage your preferences and to update your personal information.
Or contact us at email@example.com to arrange a time to discuss your updates to your personal information.
If you opt out of receiving promotional communications from us, we may still send you transaction-based communications, such as emails about your accounts or our ongoing business relations with the Company. Users can opt out of interest-based advertising through:
Facebook at http://www.aboutads.info/choices/
LinkedIn via the privacy control setting within their LinkedIn account, or,
For all targeted interest-based advertising information, by using a tool like http://optout.aboutads.info
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does Rock Paper Sisters Share Personal Information With Third Parties?
We do not disclose your personal information except in the limited circumstances described here. We
may share information with any Company subsidiary or holding company, insurers, professional advisors, website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety, and for the establishment, exercise, or defense of legal claims, whether in court proceedings or an administrative out-of-court procedure.
We retain the email addresses of those who send us email, who purchase goods and services via our website, who register for access to our site, and who subscribe to our email newsletters. We retain these email addresses, along with other information you provide, in our mail list service, Dubsado and/or Mailchimp. We do not disclose these email addresses to third parties by list sharing or selling your information.
We sometimes work with third parties or our carefully selected advertisers (Third Party Services) to analyze user’s preferences, provide content, products, or services of interest to that user, or to collect data for conversion tracking (that is, what actions you take after you click on an ad). Third Party Services used on this website include:
Mailchimp, Dubsado, Printful, Printswell, Squarespace Analytics,
Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. We use anonymous aggregated data about our customers or users to allow us to create marketing profiles, determine site metrics, provide up-to-date information to potential advertisers, and provide other support services.
How does your website interact with Google?
Google's advertising requirements can be summed up by Google's Advertising Principles. You can access these principals at https://support.google.com/adwordspolicy/answer/1316548?hl=en
We utilize the following Google Services:
• Remarketing with Google AdSense
• Google Display Network Impression Reporting
• Demographics and Interests Reporting
• DoubleClick Platform Integration
We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy. We may notify you of significant changes to this policy by email.
Contact, Questions, and Feedback
Email: firstname.lastname@example.org -or- Mail: PO Box 894 Hurricane, West Virginia 25526
This policy is valid from May 2018
At Rock Paper Sisters, we work hard to provide our customers and readers with the best content and services available. In our blog, and throughout our site, there may be products, services, or other links that are considered affiliates. This means that we may receive a small commission from our review of that product or service or through your purchase of the product or service. This does NOT effect your purchase price of a product or service and the compensation is provided to Rock Paper Sisters from the companies with which we work. All products and services that are affiliated with Rock Paper Sisters will be clearly identified.
This blog is a collaborative blog written by a group of individuals. This blog accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.
This blog abides by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post will be clearly identified as paid or sponsored content.
The owner(s) of this blog is compensated to provide opinion on products, services, websites and various other topics. Even though the owner(s) of this blog receives compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely the bloggers' own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
This blog does not contain any content which might present a conflict of interest.