GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that graphicsandwebsite.com or graphicsandwebsite.com may be contracted to produce or provide for The CLIENT will be subject to the following:

Payment of Fees: – Fees to graphicsandwebsite.com are due and payable on the following: 100% according to the payments schedule or the projects-services have been finished client’s specifications.

Erros and Omissions: – It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. graphicsandwebsite.com is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation. graphicsandwebsite.com will not be held responsible for any consequential damages resulting from errors in the work. It is understood that The CLIENT is legally responsible for all project content (including, but not limited to, text and images). graphicsandwebsite.com cannot guarantee the ranking position of any URL submission to Search Engines.

Revisions and Alterations: – New work requested by The CLIENT and performed by graphicsandwebsite.com after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you,  and a revised additional fee must be agreed to by both parties before further work proceeds.

Nature of Copy: – The CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. The CLIENT is responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to  publication, any necessary legal clearance of materials we prepare.

The Content: – (Words and Images) are The CLIENT’s responsibility, A deadline date will be established to send the content. A four-week lapse between a request for content  and the corresponding delivery will constitute a termination of the contract.

Rights of Ownership: – Once a project has been delivered by us and is fully paid for by The CLIENT, graphicsandwebsite.com will assign the reproduction rights of the design for the use(s) described in the contract. As we work through the building  phase of your  logo, print project or custom design you will receive drafts  versions and concepts. These preliminary drafts are NOT your property. They are the property of graphicsandwebsite.com. They may not be used by you.

License of Right/Copyright:-Subject to graphicsandwebsite.com portfolio rights below, graphicsandwebsite.com grants to The CLIENT the exclusive, perpetual and worldwide rights to reproduce, display, distribute, and create derivative works based on, the selected final design in all media. All preliminary, unused, and in-progress artwork remains the property of the graphicsandwebsite.com and no rights to use such preliminary works are granted hereunder. Under U.S. Copyright law, graphicsandwebsite.com   retains all copyright in and to the preliminary works and the final design.

Layered Artwork:- If the layered final production files is required by The CLIENT, The CLIENT agrees to pay graphicsandwebsite.com  an additional fee, to be negotiated separately.

Production Schedules: – Production schedules will be established and adhered to by both The CLIENT and graphicsandwebsite.com, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of The CLIENT or graphicsandwebsite.com. Where  production schedules are not adhered to by The CLIENT, final delivery date or dates will be adjusted accordingly.

Commencement of Work: – Before graphicsandwebsite.com begins work on any graphic request  including: print, or logo design assets, we must have all required elements of  the project in hand. This includes:

– Photos:  Must be web or print ready as they relate to your project. ( Print ready 300 dpi)

– Logos:  Need to be in vector or high resolution format.  300 dpi.

– Copy:  Copy for each page or layout must be in final proof read format.

– Color Choices

– Contact Information

graphicsandwebsite.com can be hired to provide copy for each web page or ad layout at an additional rate per page.  If you, The CLIENT declines this service, you must provide  us with all site text in a final proofread form.  We will not edit copy that is not written by our team.  While we may catch random spelling errors it is your responsibility to write,  edit and approve your copy prior to the layout of your site.  Any copy editing will be billed at the rate of $25 per hour. All photos must be in print ready format as they relate to your project. Your initial quote does not cover the cost of photo enhancement.  An additional fee will be incurred for any and all photo editing required.  Additional fees will be  charged for any photo editing including; retouching, color correction, cropping, brightening, sharpening and all other forms of cleaning up your images.  We will resize photos as necessary  to implement them into the design of your project.  All photo editing will be billed at the rate  of $10 per image. We may also provide stock images within your design. Licensing fees will be included in your quote.

Completion of Work: – Before graphicsandwebsite.com begins any print design project we will give you our best estimated time of completion. This estimate depends on many key factors such as but not limited to; content and size. If client does not provide content by the due date established in the original contract payment in full is still due. Should client be unable to provide all content in a timely manner graphicsandwebsite.com reserves the right to reschedule completion of your  project to later date and our teams availability. Should your project need to be rescheduled a fee assessment of 10% per week will be added to the final invoice total.

Communication: – Communication is essential to the development of your project. graphicsandwebsite.com agrees to respond to all communications within one business day of contact. We ask that you make yourself available to respond via email to our communications within 24 hours of contact. This will insure that your project remains on schedule and within budget.  Most print design jobs are allotted one week for completion and web designs are allotted 15 business days for completion.  Your availability during this time is essential. If at any time during your design schedule you become unavailable and do not notify us, we reserve the right to reprioritize your project according to our pending deadlines.  This may mean that your project deadline  will be delayed. While we know that some clients may feel more comfortable conveying  their ideas and designs over the phone, we ask that all request for design changes be made in writing via email.  This allows for graphicsandwebsite.com team to refer back to accurate  correspondence during your project and will protect you and us from costly design errors.

Termination: – Either party may cancel this contract. If The CLIENT cancels contract, fees paid to date are non refundable. If either party breaches its obligations under this contract, and such breach is not cured within ten (10) days following the date on which the other party (the “non-breaching party”) delivers to the breaching party written notice specifying the breach, then at the election of the non-breaching party this Agreement shall terminate at the expiration of that 10-day period. Such election shall be made by the non-breaching party’s delivering to the breaching party, within five (5) days after the end of that 10-day period, written notice of termination. Notwithstanding any termination hereunder, (a) CLIENT shall remain liable to pay graphicsandwebsite.com the costs and fees that have accrued under this Agreement prior to the effective  date of termination, and (b) all rights and duties of the parties shall survive the termination of this Agreement.

Claims Period: – Claims for defects, damages, and/or shortages must be made by the client in writing to graphicsandwebsite.com within a period of ten days after project completion. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that the Project fully complies with terms, conditions, and specifications.

Delivery:- We do not refund or replace order that did not arrive because the recipient failed to pick up the order, it was sent back and lost in transit, or addressed incorrectly.

After the estimated delivery date: Tracking information indicates the package has been delivered: Please check with your neighbors or family members. Packages are occasionally left with neighbors, a building manager, or are placed somewhere relatively safe such as your porch, garage, or even behind bushes.
What if my order was never received, even if it was reported as delivered? If for any reason you never received your order even though it showed Delivery Confirmed by the carrier tracking number, please contact the carrier with the tracking information. The carrier will assist you in locating this order.  If you have contacted the carrier and still failed to locate your order, please accept our apologies and contact us immediately as we will be more than happy to assist you with the problem.Cancellation: – 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 on a $50.00 per hour rate and expenses  already incurred shall be paid by The CLIENT.

Late Payment of Fees – Payment is due and payable upon presentation of an invoice. Delinquent bills will be assessed a $100 charge if payment is not received  within 30 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 3% penalty will be added for each month of delinquency.  The grant of any license or right of copyright is conditioned on receipt of full payment. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by graphicsandwebsite.com. in that process. graphicsandwebsite.com may discontinue or suspend service to CLIENT until payment is made. This  Agreement becomes effective only when signed by graphicsandwebsite.com Regardless of the place of signing of this Agreement, CLIENT agrees that for purposes of venue, this contract was entered into in  Florida , and any  dispute will be litigated, arbitrated, or mediated in Florida .

Mediation – If any dispute arises under this Agreement and the amount in controversy exceeds $5,000.00, then such dispute shall be submitted to non-binding mediation in Florida . CLIENT and graphicsandwebsite.com will each select a mediator. The two so selected mediators shall select a third mediator, and that third mediator shall hear and determine the controversy and render his or her decision. If any action or proceeding is commenced to construe this Agreement or to enforce the rights and duties created hereunder, then the party prevailing in that action or proceeding shall be entitled to recover its costs and fees in that action, as well as the costs and fees of appealing and enforcing any judgment entered therein.

We reserve the right to: – Photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. There upon, we reserve the right to discard them.

Additional Provisions: – The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Florida applicable to  agreements entered into and performed in the State of  Florida . This agreement is our entire understanding and may not be modified in any respect except in an  executed agreement.

Miscellany:- This Agreement constitutes the entire understanding between the parties. Only an instrument in writing signed by both parties can modify the terms of this agreement. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. It is intended that each paragraph of this Agreement shall be viewed as separate and divisible, and in the event that any paragraph shall be held to be invalid, the remaining paragraphs shall continue to be in full force and effect. This Agreement shall be binding on, and inure to the benefit of, the parties’ heirs, successors, assigns, and personal representatives. This Agreement shall be governed by the laws of the State of Florida.

Portfolio: – The client agrees that your completed print work and/or web site may be included in the portfolio of graphicsandwebsite.com. graphicsandwebsite.com retains the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs in graphicsandwebsite.com’s portfolio and website, and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying graphicsandwebsite.com’s work, and the right to be credited with copyright ownership and authorship of the designs in connection with such use.

Privacy Policy: – graphicsandwebsite.com  agrees to not disclose any confidential communication. We will not sell, trade or distribute any of your information.