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© 2019 by Prim & Proper Ink Design Services

TERMS & CONDITIONS

Design Policies & Procedures

Estimates are good for 30 days.

These policies are non-negotiable and apply to all assignments

 

Important: Applicable to ALL DESIGN WORK - where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Prim & Proper Ink will not be held responsible for any and all damages resulting from such claims. Prim & Proper Ink is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Prim & Proper Ink responsible for any such loss or damage. Any claim against Prim & Proper Ink shall be limited to the relevant fee(s) paid by the customer.

 

Prim & Proper ink takes great pride in our design services.  We ask for your patience and adherence to all policies and procedures.  We also welcome any questions and/or concerns.  We want you to experience the full Prim & Proper Ink experience and this means adhering to our standard turn-around times.  Rush fees will apply if documents are needed sooner than our standard turn-around time.  Thank you so much for choosing Prim & Proper Ink., and we look forward to working with you.

 

No Prim & Proper Ink graphics may be used by any other designers for any reason unless proper compensation has been given and permission is granted by the designated account manager.

We suggest you copyright your custom logos for your own protection.

 

Trademarks:

Upon completion of the Services and expressly conditioned upon full payment of all fees, costs and out-of-pocket expenses due, Prim & Proper Ink assigns to Client all ownership rights when applicable, including any copyrights, in and to any artworks or designs comprising the works created by Prim & Proper Ink for use by Client as a Trademark. Prim & Proper Ink shall cooperate with Client and shall execute any additional documents reasonably requested by Client to evidence such assignment. Client shall have sole responsibility for ensuring that any proposed trademarks or Final Deliverables intended to be a Trademark are available for use in commerce and federal registration and do not otherwise infringe the rights of any third party. Client hereby indemnifies, saves and holds harmless Prim & Proper Ink from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of Client’s use and/or failure to obtain rights to use or use of the Trademark.

 

Accreditation/Promotions: 

All displays or publications of the Deliverables shall bear accreditation and/or copyright notice in Prim & Proper Ink's name in the form, size and location as incorporated by Prim & Proper Ink in the Deliverables, or as otherwise directed by Prim & Proper Ink. Prim & Proper Ink retains the right to reproduce, publish and display the Deliverables in Prim & Proper Ink's portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.

 

Payment:

Payment in full is due prior to the start of your project outlined in your invoice/estimate. We strive to do our best and we will provide you with all design and production costs incurred within your estimate.  You are entitled to up to three revisions for each product ordered.  If you require additional proofs beyond three revisions an additional charge of $50 per proof can be applied.  If your company name changes, we are not responsible for doing a new job free of charge (non-negotiable).  We pride ourselves on going above and beyond on every project and we appreciate your business. Payments and/or deposits are non-refundable after the first draft is received. Refunds when justified will be based off of an hourly rate of $35 per hour. Prim & Proper Ink will not apply charges which exceed the amount of the original payment for service.

 

New Client Clause:

We understand that when developing a new working relationship there may be some apprehension so that’s why we are willing to prove our work ethic and expertise.  References will be provided upon request along with reference to our online portfolio for evidence of our work.  New clients are responsible for paying a non-refundable deposit of ½ of the total amount due; or more depending on the assignment. This amount will be applied to your total amount due. After your first project Full payment is due prior to the start of a new project.  The amount of deposit will be applied to the overall balance for the outlined project.

Clients with established accounts will not be considered under the new client clause.

Files are not provided until work is paid for.

Property Rights:

No Prim & Proper Ink graphics may be used by any other designers without permission.  There is a charge to submit our artwork to another designer.  Please ask your design team representative for pricing.  Prices are subject to change without notice.  The elements of design work for the project remain Prim & Proper Ink’s property whether the project is fully executed or not.  If client chooses to terminate the project at any time in the future, Prim & Proper Ink reserves the right to retain the rights for usage.  Until final payment is made, Prim & Proper Ink retains ownership of all artwork and website architecture.  After final payment, you own your finished product but we reserve the rights to the graphic components used to create your images including fonts, illustrations, patterns, stock art, textures, color combinations and shapes. 

 

Prim & Proper Ink. reserves the right to display all design/graphic work created by Prim & Proper Ink in their portfolio which includes but not limited to electronic publication, articles, etc. 

 

Stock Art:

We reserve the right to use stock images to create your design.  Prim & Proper Ink covers all costs when stock images are used by our choice.  If client requests certain stock art, client is responsible for the costs. 

 

Revisions:

The client will receive a maximum of 3 revisions per document.  A revision includes any change that is made during one request.  We encourage you to consult with all parties involved to get as many suggestions as possible.  After the 3rd and final free revision, the cost will be 25% of the original price of the service per revision.  Turn-around times for revisions are a standard 2-3 business days. 

Once Final Approval is made and the file has been released, no changes can be made.  If changes are requested after the files have been released there will be a $45.00 change fee applicable with no exceptions. 

Prim & Proper Ink will not be responsible for any print and/or final production that has not been produced by our designers or printers. It is important to provide proper specifications at the onset of your design project.

Approval of Final Artwork:

The client shall proofread and approve all final text before the production of artwork.  Final proof will include artwork, print specifications if provided by the client, shipping address and quantity.  The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork, drawings and other items prior to their release for printing, fabrication, or installation.  Prim & Proper Ink does not offer proofreading, editing or copyright services.  NO refunds or reprints are given after a final approved design has gone to print. 

 

After Approval of Final Artwork:

After the project has been approved by the client for the release of files and documents, and/or print, we have considered the design aspect of your project closed.  This means, if changes need to be made after the file has been released to you there will be a standard $45.00 charge for any and all revisions thereafter.  Depending on the details of the new project the amount may increase from the $45.00 revision charge. It is best to review the document thoroughly prior to approval.  We will make no exceptions to this rule as we give our clients every opportunity to communicate any and all changes that need to be made prior to the release of documents.

 

Release of Files:

Prim & Proper Ink will release standard files originally design for print media.  Standard files include a high resolution .jpeg document and an un-editable .pdf file.  These are your files that you may use for print production only.  If original design file extensions are requested, there will be a minimum of $150.00 charged per file for the release of original design files for documents originally created for print.  Once an original design file is released we regretfully relinquish the integrity of our design work and will not be held responsible for the outcome of print, screen or web media.

 

Rights:

Other than for promotional use of Prim & Proper Ink, all services provided by Prim & Proper Ink shall be for the exclusive use of the Clients said purposes ONLY.  Designs may not be used for other promotional items, website or printed materials without permission.  Upon payment of all fees and expenses, reproduction rights for all approved final designs created by Prim & Proper Ink for this project shall be outlined in the original estimate.  For further usage, price will be determined according to details provided. 

 

Prim & Proper Ink reserves the right to display all design/graphic work created by Prim & Proper Ink in their portfolio. 

 

Rush Fees: 

Any job that is pushed ahead of regularly scheduled jobs for urgency, will have an automatic rush fee added at a minimum of $65 for all design assignments.  Booklets, Menus, Brochures and newsletters acquire a rush expense of $85 and up.  Websites start at $75.00 per page and we generally do not accept rush assignments. 

 

Ownership:

All drawings, artwork, specifications and other visual presentation materials remain the property of Prim & Proper Ink to show in printed or online portfolios for the length of the lifetime of the company.  All preliminary concepts and visual presentations produced by Prim & Proper Ink remain the property of Prim & Proper Ink and may not be used by the Client without the written permission of Prim & Proper Ink. Final artwork and concepts may not be given to other artists to alter, reproduce or post online in any way without express permission of Prim & Proper Ink.

 

Prim & Proper Ink shall retain all artwork, drawings and specifications provided by the client for a period of up to 6 months.  The client must request in writing, that any artwork, drawings and specifications be returned before the 6 month time span.

 

If the client needs any and all documents created by Prim & Proper Ink, the client may request that all documents be sent to them via email.  There is a $50.00 preparation fee that is applicable for this request. This clause does not apply to website projects. Please speak to a representative if documents are needed pertaining to your website (applicable fees may apply).

 

Credit:

Prim & Proper Ink shall have the right to include a credit line with a live link to Prim & Proper Ink’s website on any website developed by Prim & Proper Ink at the very bottom of each page or in any publication of the design by Prim & Proper Ink. The client shall not, without written approval, use Prim & Proper Ink’s name for promotional or any other purposes with respect to these designs. 

 

Liability of Designer: 

Prim & Proper Ink shall take reasonable precautions to safeguard original or other materials provided by the Client.  Prim & Proper Ink shall, however, not be liable for any damage to, or loss of any material provided by the Client, including artwork, photographs, or manuscripts, other than or on account of willful neglect or gross negligence of Prim & Proper Ink.  Although Prim & Proper Ink may recommend that the client utilize the services of other companies or persons, Prim & Proper Ink shall have no liability for payment to these companies or persons, nor shall Prim & Proper Ink have liability as a result of any services or product or materials by these companies or persons. 

 

Payment of Fees: 

Payment of materials are due according to the following schedule:  100% of all Design services must be paid prior to being placed on our design schedule.  75% of materials (ex. Print materials, cards, brochures, etc.) ordered plus any & all design fees are due prior to receipt and the remaining 25% of all materials ordered upon final approval of the printing of materials and products less any design fees previously paid.  Payment in full is due before the final website is uploaded, files are provided or printed materials are shipped out.

 

Search Engines:  Prim & Proper Ink is not responsible for your search engine promotion or marketing of any kind.  Prim & Proper Ink may offer to help you optimize your site and suggest appropriate search engine submission guidelines for your marketing if requested. 

 

Termination:

Either party may terminate this Agreement upon giving written notice to the other as specified below.  Upon termination Prim & Proper Ink may retain any initial payment and the Client shall pay Prim & Proper Ink for all hours expended on the project, up to the date of termination, at Prim & Proper Ink’s standard rates together with all other amounts due hereunder. 

 

Notices:

All notices to be given hereunder shall be transmitted in writing either by facsimile or electronic mail with return confirmation of receipt or by certified or registered mail, return receipt requested, and shall be sent to the addresses identified on file, unless notification of change of address is given in writing. Notice shall be effective upon documented delivery attempt, receipt or in the case of fax or email, upon confirmation of receipt.

 

Refunds: 

Once a project has been designed in full accordance to the agreed upon project, no refunds are given after the first draft has been sent.  If more than the agreed upon number of layouts is provided along with revisions no deposit is refunded.  If print color is poor, your order will be reprinted for you at no cost.  Revisions due to errors in proofreading are not considered for a preprint at no cost.  Refunds for shipping and printing are not given. If projects are more than 15 days old a credit will be afforded in leiu of an actual cash refund in accordance with account status/details.  

 

Timelines: 

After deposit is given and the project has been outlined, we will provide you with an estimated turnaround time.  For websites this turnaround time is from the date we have ALL CONTENT FROM YOU.  Without content from you, the design assignment cannot be fully comprehended or planned out.  If you decide to abandon the project without informing Prim & Proper Ink in writing, we cannot guarantee that you will be first in line for design work upon your return.  Your project will have to be re-incorporated into our design schedule.  We will do our best to work your project back into the design schedule as time permits.  If a project is determined inactive longer than 2 months, the project will be cancelled. If your project is cancelled due to the lack of response from the client, Prim and Proper Ink does not guarantee a refund for the unearned portion of your project as we initiate every opportunity to reach out to our clients to generate a response within a reasonable amount of time.  We will execute all forms of communication including, but not limited to email, telephone, mail, fax, text messaging, etc. 

 

Maintenance:

After completion of a website project, maintenance is optional and is billed at a rate of $50 per month and will be billed at the first of each month.  Maintenance includes uploading pictures, changing content, etc.  Adding additional pages are subject to the standard rate per page. 

 

Website Knowledge:

The standard rate for each page is $75; this does not include the adding of various widgets such as face book add-ons, blog sites, PayPal Add-ons, etc.  Each widget incurs an additional fee (see Website FAQ for more information).

Estimates are good for 30 Days Only. 

No Prim & Proper Ink design or graphics are available for use without written permission. 

No Prim & Proper Ink design or graphics may be used by any other designers. 

No Prim & Proper Ink Design or graphics are free for commercial use without written permission. 

 

We retain full ownership until job is paid for in full.

 

* As of August 1, 2014, Prim & Proper Ink will no longer offer the service of Website Customization. Current projects will be honored provided we have received all documentation prior to client's account being declared "inactive".  Prim & Proper Ink will execute all efforts to ensure customer satisfaction and will refer any outstanding accounts that DO NOT meet our guidelines to a recommended third party.  Prim & Proper Ink shall not be held liable for any and all third-party contracts entered by the client. In the event that payment was submitted to Prim & Proper Ink for website customization, a credit in the amount that is calculated as unearned will be transferred to the recommended third party on the client's behalf.  Please note that the recommended third party must have an an established business relationship with Prim & Proper Ink in order to receive the calculated credit. Please note new pricing may be applicable and is solely determined by the selected third party.