A Few Words About Estimates
All work performed by WinSome Design is custom work. Fee estimates
for design services are based upon the time estimated to complete
Phase I of the project specified on the estimate, during normal
working hours. Any revisions or additions to the project beyond
this Phase I estimate are billed as additional services at our quoted
hourly rate. Overtime fees are charged at 200%. ("Normal"
working hours are 8am-5pm, Monday through Friday.)
It is important to understand that estimates are NOT quotations.
Our services are billed by the hour. We make every effort to stay
within an established budget, although we rarely know exactly how
long a project will take. Unless otherwise indicated in writing,
our estimates DO NOT include revisions. Changes or additions to
the scope of work will nearly always exceed the estimate. While
we appreciate the need for spending limits, we do not work best
while watching the clock. It is our deepest desire to design pieces
that work well for you and that we are proud of. Please share any
specific concerns you have about timelines, "must-haves"
and budget, in advance of beginning the project.
Yes, You Have to Pay Us
We pride ourselves in working closely with you to ensure your projects
are successful. We require a retainer fee of 50% before proceeding
with a project, with the balance due at completion of the project.
Overdue payments are subject to late fees. For your convenience,
we accept checks, Visa, Mastercard and American Express.
Original Artwork Files
Original artwork
files (Photoshop, Freehand, Illustrator, InDesign, Fireworks, Dreamweaver,
etc.) belong to WinSome Design. Working out creative solutions,
then laboriously preparing finished press-ready artwork or functioning
websites is challenging, detailed, and complex work. It involves
many proprietary tricks of the trade and a combination of talents,
training, and experience. Because we are a service business, these
procedures are our company’s competitive edge, integral to
every job. To allow others to manipulate them, minimizes our value,
what we are selling, and the success on which our business has been
built. We do not give our files to clients.
Terms & Conditions
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Project.
All work performed by WinSome Design, Inc. (“Designer”)
is custom work performed under standards and specifications
stated and attached to this document. Unless otherwise stated,
the fee quoted includes final art for production. The fee stated
for graphic design and original and literary work is based upon
the time estimated to complete the services specified during
normal working hours. AN ESTIMATE IS NOT A QUOTATION; WE DO
NOT PROVIDE FIXED-COST QUOTATIONS. Any revisions or additions
to the services described shall be billed as additional services
at our current hourly rate. In addition, Customer shall be responsible
for all out-of-pocket expenses with respect to any changes in
specifications or scope of work, and there shall be a surcharge
of at least twenty percent (20%) for any services requiring
work to be performed outside of normal working hours by reason
of any changes in specifications, scope of work or deadlines.
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Due
Date. Unless otherwise specified, delivery dates for
projects will be discussed and decided on with each project
individually. Milestone proof dates will be determined at the
onset of the project. Due dates are determined by many factors,
including the timely delivery of materials by the client necessary
to development; press availability; and project scheduling.
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Payment.
Payment is due upon receipt of finished work or upon receipt
of invoice unless otherwise stated in the Proposal/Contract.
Customers may negotiate an Open Account status with Designer
with payment due fifteen (15) days after invoice date. Open
Accounts are granted by Designer and may be revoked at any time
that payments are in arrears. All amounts invoiced shall bear
interest at the rate of eighteen percent (18%) per annum (1.5%
per month), commencing on the thirty-first (31st) day after
the invoice date. Unpaid balances after forty-five (45) days
are subject to a $25.00 re-billing fee. Returned checks are
subject to a $25.00 returned check fee.
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Ownership.
Upon receipt of full payment, finished produced materials (brochures,
booklets, stationery, etc.) or image files (ads, logos, etc.)
delivered to Customer shall become the property of Customer.
However, the ownership and rights in and attendant to original
artwork, including, but not limited to, the final work, and
all preliminary sketches, elements, drafts and other preliminary
materials created by WinSome shall remain with Designer. Customer’s
rights to use said work are limited to those stated herein.
Customers do not have any right to digital files created by
Designer.
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Approval
to Print. The customer will receive an emailed proof
of the final design in .pdf format for review/approval. If changes
to the content or design are requested, they will be done and
a new proof will be sent to the customer. Upon receiving the
customer’s approval to print, files will be sent to the
printer. WinSome Design is not responsible for errors after
the customer’s final approval has been received. Any charges
for reprinting will be the responsibility of the
customer.
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Grant
of Rights. Upon receipt of full payment, Designer grants
to Customer the right to exactly reproduce and use the work
delivered hereunder in connection with Customer’s business
in Customer’s present territory without restriction as
to time. Customer’s right to such usage of the work as
a whole shall be exclusive, except that Designer retains for
itself, its successors and assigns, the right to use all works
produced hereunder in advertising as examples. All rights not
expressly granted hereunder are reserved to Designer. If Customer
wishes to make any additional uses of the work, Customer agrees
to seek permission from Designer, and make such payments as
may be agreed to between the parties. Copyright is synonymous
with "created by" therefore, copyright belongs to
Designer.
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Materials
Provided by Customer. Customer agrees and warrants
that all materials provided by it to Designer, for use or incorporation
into the work specified hereunder, including photographs, artwork,
names, trade-names, slogans, text and graphics, are either the
property of Customer, or Customer has the right to use or include
said materials in the work without infringing upon the rights
of any other person or entity, and Customer agrees to indemnify
and hold Designer harmless from and against any and all claims,
losses or damages, including reasonable attorney’s fees
and costs incurred in the defense of such.
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Warranty.
Customer is entitled to the warranty option for LOGO DEVELOPMENT
selected as follows. If customer selects Option 1, the fee is
50–200% of the total creative fee, determined by exposure.
Option 1: Designer warrants that, except for materials
provided by Customer or third persons, it is the sole creator
of the works produced hereunder and owns all rights granted
hereunder, that the works are an original creation, and that
the works do not infringe on any other person’s copyrights
or rights of literary property, nor do they violate the rights
of privacy of, or libel, other persons. DESIGNER DOES NOT
PROVIDE ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED. CUSTOMER’S
SOLE REMEDY FOR THE BREACH OR VIOLATION OF THE WARRANTY SHALL
BE THE DEVELOPMENT AND REPLACEMENT OF THE WORKS. DESIGNER
SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF THIS
WARRANTY, AND CUSTOMER HEREBY WAIVES ANY CLAIM AGAINST DESIGNER,
FOR SUCH.
Option 2: Designer makes no warranties or representations
regarding the work supplied hereunder, except that it believes
that the work delivered by it (except for materials obtained
from Customer or third persons) is an original creation. DESIGNER
DOES NOT WARRANT THAT THE WORK PRODUCED HEREUNDER DOES NOT INFRINGE
ON ANY OTHER PERSON’S COPYRIGHTS OR RIGHTS OF LITERARY
PROPERTY, NOR DOES IT WARRANT THAT THE WORK PRODUCED HEREUNDER
DOES NOT VIOLATE THE RIGHTS OF PRIVACY OF, OR LIBEL OTHER PERSONS.
CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST DESIGNER FOR
DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM
OR OUT OF CLAIMS OF INFRINGEMENTS AGAINST COPYRIGHT OR LITERARY
PROPERTY, OR INVASIONS OF PRIVACY OR LIBEL OR OTHERWISE. CUSTOMER
ACKNOWLEDGES THAT DESIGNER ADVISED IT TO UNDERTAKE ITS OWN RESEARCH
OR RETAIN ITS OWN ATTORNEYS TO INVESTIGATE AND PROTECT CUSTOMER’S
RIGHTS WITH RESPECT TO SUCH MATTERS. THIS WARRANTY OPTION MUST
BE PURCHASED IN ADVANCE FROM DESIGNER FOR AN ADDITIONAL FEE.
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Termination.
Customer reserves the right to terminate this contract before
completion of work by Designer, by giving written notice thereof.
Customer shall pay Designer for all hours expended on the project
up to the date of termination at the quoted hourly rate, with
a one-hour minimum, and shall also reimburse Designer for all
out-of-pocket expenses incurred. No final design work or created
materials are due the Customer when work is terminated before
the work is complete.
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Disputes.
This agreement shall be governed by the laws of the
State of Washington. No suit or other action arising out of
this agreement may be brought except in courts of Benton County,
Washington. The prevailing party in any litigation arising out
of this agreement shall be entitled to an award of reasonable
attorney’s fees and costs.
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Solicitation
of WinSome Design employees. Client shall not solicit
or hire employees of WinSome Design for a period of one year
from the termination date of this or the most recent contract
between WinSome and Client or any affiliated companies. In the
event that Client hires WinSome employees during that period,
Client agrees to pay WinSome a one-time fee of 25% of each employee's
yearly salary at the start of employment.
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Revisions
to Terms & Conditions. From time to time, these
Terms & Conditions are updated to reflect current work
practices and terminology. The current version can always
be found published on this page of our website.
Last
modified 3/04/08
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