Textured Pixel LLC

Terms & Conditions

Updated 8/05/13

PRICING & PAYMENT TERMS:

Projects are billed hourly or by the project, depending on the scope of the work. 25% of the estimated cost is due upon signing of the proposal agreement for new clients before commencement of the project. Invoices are due upon receipt unless otherwise noted / arranged. Fees are non-refundable. If invoices are not payed within 30 days of receipt, a 2% monthly service charge will apply for each month after the 30 days until the full payment is received. The grant of any license or right of copyright is conditioned on receipt of full payment. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

THE PROCESS:

With most projects the client is presented with 1-2 different design options. The client and designer discuss these options and make decisions as to the direction of the next revision.

Based on these decisions the designer completes the layout/related work and presents the final piece to client for approval. Minor revisions are anticipated at this point but major design/content changes may be charged in addition to the estimated cost. When final client approval is received, final design fees are paid and printing fees are determined.

APPROVALS:

Work in progress not yet approved by client beyond 21 days shall be billed.

PROOFREADING:

Textured Pixel LLC (TP) does not supply proofreaders, and while every effort will be made to ensure accuracy it is recommended that the client hire the services of a professional proofreader BEFORE the project is published.

PROOF APPROVALS:

The CLIENT will be ultimately responsible for final approval of all proofs. The designer will coordinate this with the Client and request a "sign off". It is important to make all final corrections BEFORE the files go to the printer to avoid delays and excess fees. Designer is not liable for any work that is “final-approved” by client and released to printer.

POSSIBLE EXPENSES:

Out-of-pocket expenses may be subject to the industry-standard markup of 18% to cover time and costs involved. The following is a list of possible standard expenses that clients should be aware of:

  • royalty fees/usage rights for photographs or illustrations
  • hiring a proofreader
  • time for designer to check proofs & time on press
  • printing fees
  • proofs & color outputs
  • disks, shipping & courier fees
  • royalty fees/usage rights for photographs or illustrations
  • internet service provider fees
  • domain name registration, ongoing web site maintenance

OUT OF SCOPE WORK:

We make an effort to be as accurate in our project definitions as possible. If the client requests revisions or additional work which is not described in the proposal or estimate description, the client will be notified and additional charges will incur after client approval.

LOGO RESEARCH / LEGAL:

Please note that TP does NOT offer or provide logo research or registration services. An attorney is recommended for this service. TP does not assume responsibility or any liability in the event that a name, slogan or design conflicts in any way with an existing name, slogan or design.

COPYRIGHT OWNERSHIP:

All copyright ownership applicable to this proposal which is specific to the project will be transferred to the client upon project completion and receipt of full payment. In web development projects, copyright will be retained by TP for all code which is not specifically requested noted in the project estimate / proposal. The client does not have permission to share, copy, or resell code created by TP unless specifically given permission by TP.

CLIENT WARRANTIES:

Client warrants that their supplied properties (i.e. logos, images, code, etc.) will not knowingly violate any law or regulations or infringe upon or violate the copyright, trademark, or confidential information of any third party, or violate any right of privacy. If these representations shall be untrue or this warranty is breached, client agrees to hold harmless TP from any and all liability, damages, losses, claims, actions, judgments, and costs, including attorney's fees, arising as a result of any infringement upon the rights of a third party.

LIMITED LIABILITY:

Client agrees that it shall never hold TP or his/her agents or employees liable for any incidental or consequential damages over the price payed to TP for the project.

GOVERNING LAW:

This contract shall be governed by (and interpreted) under the laws of the Commonwealth of Pennsylvania, including its conflicts of laws.

PROJECT TERMINATION:

If at any time the client chooses not to complete their project, then TP shall be compensated for all work to date.

PROMOTIONAL USE:

TP may reproduce any design, artwork or layout in promotional materials such as brochures, mailers, or the TP website.

© 2021 Textured Pixel LLC