TERMS & CONDITIONS

The following terms have been tailored to protect both the client, the designer, and Serv Creative, during and after working relationship.  Please also note that Serv Creative may revise service rates, terms & conditions without notice.

 

It is crucial that you, the client, take time to thoroughly read through and ensure you fully understand the significance of these terms and conditions before you contract Serv Creative for any project.  The project deposit is non-refundable & our terms of service serves as your contract.  Once invoice is paid you are agreeing to all the terms and conditions listed here.

Rights and Ownership

Rights:  All services provided by the designer shall be for the exclusive use of the client other than   for   the   designer’s   promotional   use.   Upon   payment   of   all   fees, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:

 

  • Client to gain full transferable rights to brand identity.

  • Client to gain full license to reproduce works through commercial printers.

 

Ownership:  The production of any original design work automatically deems Serv Creative the author and therefore the owner of such work.  All projects are not to be advertised via social networking sites by clients before completed.  This is considered a breach of contract and projects can be left as is in addition to forfeiting your deposit. 

 

The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.

Third Party Contracts:  The designer may contract with other creative professionals to provide services such as web development, photography, and illustration.  Any third-party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed.  No project will commence on the assumption that third parties might be required for project completion.  Such details will be finalized prior to project commencement, unless requested by the client later.

Payment Schedule

The client will make a 50 percent down payment prior to work commencing. The project can be scheduled once the down payment is received by the designer. The down payment is non- refundable once work has commenced.  The remaining balance is payable to the designer upon completion of the project, and before original artwork is supplied to the client.

All unpaid invoices are subject to cancellation within 48 – 72 hours.  Any deals, special offers, credits, or promotions will be forfeited.

Delayed Payment

If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5 percent “delayed payment” fee will be charged.  This initial 5 percent figure will be added upon each recurring 30-day period until the full payment amount has been received by the designer.

Refunds & Cancellations

The designer reserves the right to refuse service or cancel the project at any time.  We have the right to decline any project at any moment for any reason and refund you the deposit if work has not been started.

 

If client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project will be canceled by the designer.  Ownership of all copyrights shall be retained by the designer.  

 

In the event the project is canceled by the client, for any reason, the deposit will serve as a cancellation fee.  All deals, special offers, credits, or promotions will also be forfeited.  If the project has been canceled and the client changes their mind within 7 days of cancelling, wanting to continue the project, the client then pay a non-refundable $50 restart fee.

 

Once a project has been cancelled, to resume the project, an additional 25 percent fee will be added to the remaining balance and must be paid prior to work resuming.  All deals, special offers, credits, or promotions, if any, will be forfeited.

Communication

The designer can be reached by telephone and/or email during business hours Monday through Friday between 10am and 6pm CT.  Communication will be made primarily through email.

 

We do not design or answer calls outside of posted business hours, holidays, vacations, or weekends.  However, emails may be an exception depending on the circumstances.

Projects

Graphic Design Projects completion time varies from anywhere from 1-2 weeks up to 21 business days when content is submitted for said project. We say this because of our high demand and peak volume times.

 

Web Design Projects completion time varies from 3-12 weeks when content is submitted in timely manner for said project.  This does not include the revision stages.  We say this because of our high demand and peak volume times.

 

All project completion estimates are calculated by 5 working business days (1 full week), apart from posted business hours, weekends, vacations, and observed holidays.  Expedited services are an additional fee, and said fee must be paid when booking the designer along with the required 50% down payment.

 

Once your final graphics have been sent, website is transferred or tracking is emailed for print materials, that concludes our production for hired project.

Revisions

You receive a numerical limit of revisions with every project.  Once all the revisions are exhausted, a fee will occur for any additional revisions after.  Once you have submitted all your revisions in your package and your design project is emailed, transferred, or made live, the remaining revisions in which you did not use expire immediately.

 

Once the website is made live or close to a 90% finish, any information that was requested that was not sent over will count as a revision to be added to the website and/or project and is subject to an additional fee.

Retainer Program

Details:

 

Monthly Retainers require a 3-month minimum commitment.  At the end of the 3 months, we will re-evaluate the program you are currently in to ensure the number of hours are fitting your business needs. After that, we can move to 6, 9, or 12 month commitments.

 

Each retainer includes a set number of hours or a set amount of work agreed up on by both parties. Overage in time or additional projects outside of the agreed upon scope will be billed at our standard hourly rate.

If retainer is based on time, unused hours will expire.  They do not roll over each month as that would defeat the purpose of allocating retainer time each month for projects.  If designer is running close on hours hitting their threshold, the designer will let you know before going over.

 

Services offered:

 

  • Graphic Design - Logos for new products/services, icons, and typography treatments.

  • Print Materials - Business cards, letter heads, stationary, direct mailer, brochures, etc.

  • Digital Materials - Social Media graphics, Blog Banners, and other web designs

  • Web Updates & Maintenance - Content, graphics and web maintenance can be provided for select customers.

  • Additional services are available upon request.

Services do notinclude additional costs like stock photography purchases & printing.

Miscellaneous

Content:  The client must provide all content including text, images, videos, and any other information applicable to complete your project.  The client must provide all information requested for project in a timely manner.  All website content must be provided to the designer up to 72 hours after deposit is paid.

 

We understand that certain information may take time to acquire.  All we ask is that you keep in contact with us and reiterate that you need more time to gather information for the project.  In addition, please be sure to let us know when you will have said information sent to us, in which we will respect and place your project to start later than scheduled.

 

Please note that any delay in content delivery will result in a delay of your project, and the completion date will also change.   In addition, once you have approved the final review, any additional revisions made after client approval will result in an hourly charge.

Samples:  The client shall provide the designer with samples of print design that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. The designer may use such copies and samples for publication, exhibition, or other promotionalpurposes.

 

The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.

 

Additional Information:  We are visual designers.  We DO NOT code under any circumstance.  

Confidentiality: The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.

 

Indemnity: The client agrees to indemnify and hold harmless the designer, Serv Creative, from all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.

Consensus 

A document containing the above terms and conditions will be supplied via email along with the first invoice.  Acceptance will be acknowledged by a signed copy of the Terms and Conditions. Designer must receive deposit and signed copy of Terms and Conditions before work can begin.

[Updated: 11/15/2018]