1. Client, Designer, and Vendor
The Client shall be any person or business entity who assigns work to the Designer. The Designer shall be employees or agents representing Thunderbolt Designs and A2Zgorge.Info, P.O. Box 294, The Dalles, Oregon 97058, USA. The Vendor is any person or business entity supplying additional services, including but not limited to: printing, reproduction, mailing, bindery, digital imaging, web hosting, domain registration, programming, and/or advertising.
2. Design Rate Fees
Standard Hourly Design Rate Fees start at $50.00 per hour plus expenses and mileage. Fees for web pages start at $200 per page. Fees for programming will be decided on a case-by-case basis. Assignments requiring a turn-around time of 24 hours or less will be subject to an additional rush charge of 50%. Travel time will be billed at the hourly rates, and will include a charge for mileage.
3. Incremental Billing & Deposits
The Designer reserves the right to bill for the assignment in increments. A 50% deposit is standard, with the balance due upon completion of the job. Projects that develop over several months may require monthly billings.
4. Payment on Account
All invoices on account are payable within thirty (30) days of receipt. A 1-1/2% monthly service charge is payable on all overdue balances.
5. Default in Payment
The Client shall assume responsibility for all collection of legal or collection fees necessitated by default in payment.
The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by ten percent (10%) or more. Vendor costs and expenses may not be detailed on the Assignment Estimate.
The Client shall reimburse the Designer for all expenses and costs arising from this assignment, including travel and mileage expenses or the payment of any sales taxes due on this assignment, and shall advance payment to the Designer for said expenses.
8. Additional Vendor Costs
The client is responsible for all vendor costs, charges, and expenses including but not limited to: materials, supplies, shipping, illustrations or photography brokered by the Designer, service bureau digital imaging, preflight corrections, matchprint and proofs, advertising, printing, photocopying, bindery, mailing services, postage, ISP hosting, services or domain registration. Any Vendor services brokered by the Designer are subject to a surcharge.The Designer is not responsible for inaccuracies in estimates for any services other than those provided directly by the Designer. The Designer is not responsible for vendor errors made during production, nor damage from shipping.
9. Changes/Client Alterations
The Client shall be responsible for making additional payments for changes or alterations requested by the Client in original assignment. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Designer first opportunity to make any changes.
10. Proofing the Assignment
Proofing is strongly recommended at all times to assist in detection of error and to assure the design criteria are acceptable to the Client. The Client accepts all responsibility for proofing before the final assignment is given to a Vendor for completion. Upon written or verbal waiver of proof, the Client shall assume all responsibility for any expenses resulting from any errors, detected or undetected. The Designer agrees to provide proofs to the client for review. Matchprint, ColorKeys, Dylux, Iris, Dye-Sublimation or Digital Color Print proofs constitute an Additional Vendor Cost (see #8). The Designer reserves the right to delay providing the final assignment to a Vendor until a written proof authorization to proceed is received in writing, by fax, or by email. All proofs should be signed and returned within five (5) days of receipt.
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, based in the contract price and expenses already incurred, shall be paid by Client.
The grant of any license or copyright is conditional on the designer's written release of artwork and receipt of full payment. Copyright on images, artwork or text originating from third party vendors can not be included. Determination of copyright on certain third party images may be the responsibility of the client.
13. Ownership and Return of Artwork
Thunderbolt Designs retains ownership and right to use of all artwork and proofs, whether preliminary or final. Limited usage rights for will be transfered only upon final payment of all fees, costs, and expenses. All designs, ideas and concepts contained in preliminary sketches, proofs, and final artwork are the property of Thunderbolt Designs. Said property can not be reproduced, transferred or sold in part or in whole without written permission by Thunderbolt Designs, under penalty of law. Said work is submitted for proof review purposes only to determine interest by specified client. Possession of said work constitutes acceptance of these terms. The Client shall return such artwork within thirty (30) days of use unless indicated otherwise in writing. (See #12 Copyright for more information.)
14. Credit Lines
The Designer and any other creators shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated in writing.
The Client shall indemnify the Designer against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses which exceed authority granted by a release.
16. Limitation of Liability
The Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages which arise from the Designer’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or a third party. This includes but is not limited to, fees or expenses from Vendors to the Client, resulting from missed deadlines. The Designer is not responsible for any loss or corruption of data, or damage to original photos or art. The Client is advised to provide copies only of all elements, including data, photos and original art.
17. Warranty of Originality
The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; or if consent to use has been obtained on a limited basis that the client has received and signed a written document detailing the limitations of use; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product which may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.
Modification of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
19. Standards of Practice
The Client and the Designer agree to comply with the provisions of the Better Business Bureau’s Standards of Practice, a copy of which can be found at http://www.bbb.org/advertising/adcode.asp. Online clients can find a copy of the Code of Online Business Practices at: http://www.bbbonline.org/reliability/code/code.asp
20. Dispute Resolution
Any disputes in excess of the maximum limit for small claims court in the State of Oregon, United States of America, arising out of this Agreement shall be submitted to binding arbitration. The Arbitrator’s award shall be final, and judgement may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgement in favor of the Designer.
21. Online Accounts - SPAM and Illegal Activity
Clients maintaining online hosted accounts with A2ZGorge.info or domains registered through Thunderbolt Designs agree to adhere to the Better Business Bureau’s Online Business Practices regarding unsolicited bulk email (SPAM). The Client will not engage in any SPAM activity through A2ZGorge.info or Thunderbolt Designs. The Client will NOT engage in any online activity that is illegal, pornographic, fraudulent, intended to incite violence, or could be construed as solicitation of underage minors. Such activity will be morally frowned upon and may result in immediate termination of Client’s account, deletion of Client’s website without warning, and subject Client to additional charges.
22. Termination of Online Accounts
Clients who have missed three consecutive payments for services rendered will have their online website deleted and/or accounts terminated. The Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages which arise from the termination or deletion of websites and accounts due to nonpayment.
Any passwords or user names associated with domain registrations and associated web hosting services used by a personal domain are the property of the Client. The Designer agrees to keep such information confidential. Any sharing of user name and password information with a third party will be done only with prior written permission from the Client, and solely for the purpose of producing the Client's Assignment.