Below are the B-Unique Designz LLC (“B-Unique Designz LLC“, “we”, “us”, “the designer”) standard terms and conditions for all projects.
If you do not agree with them, we prefer not to work with you as we believe these to be fair, equitable and reasonable for both sides of contractual obligations. If you have exceptions you wish to discuss, please do so at the beginning of the project otherwise your agreement at the commencement of any project where you click the terms and conditions agreement box on all forms with constitute full and total agreement with these terms. Unless otherwise stated these policies form the basis of every/all contract/s between B-Unique Designz LLC and our client/s. The policies, terms and conditions set forth are a result of Brandyn Armstrong working with clients over a period of 10+ years and are specifically designed to manage expectations and desired outcomes, explain intellectual property (IP) issues and protect both you “the client” and B-Unique Designz LLC from unfair practices.
It is vital that you (“The User”, “The Client”) take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you agree to commence any project with B-Unique Designz LLC. Please also note that from time to time B-Unique Designz LLC may need to alter these terms and conditions without notice.
As a user of the B-Unique Designz LLC website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this Site without our express prior written consent.
COMMUNICATION WITH B-Unique Designz LLC
B-Unique Designz LLC can be reached by telephone from Monday to Friday between 9am and 5pm at 517.719.6400 Eastern Standard Time., however we do not agree to take any creative direction alterations of scope or another legal or contractual obligation via telephone. All communications that are legally binding must be in writing via email.
The majority of designer/client communication is normally via email with all parties to keep track of correspondence. B-Unique Designz LLC will not take design instruction or changes via telephone.
All work requests must be in clear, concise writing, via email or via contact form on our website. This means that “The Client” and B-Unique Designz LLC can look back over emails for clarification if needed.
Client revisions should be, to avoid any confusion, in a single document or email (if possible), in a legible, easy to understand manner Changes sent through in 10 different emails in a disorganized or hard to understand manner will result in confusion on both sides.
These Terms and Conditions govern your access and use of the B-Unique Designz LLC website. By accessing or using the B-Unique Designz LLC website you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the B-Unique Designz LLC website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions.
Agreement to work with, and submission of a design brief and payment of deposit to, B-Unique Designz LLC, constitutes agreement to these terms and conditions. All online forms that clients complete have a required component at the end of the form that “The Client” must read and agree to these terms and conditions. Please do not click the affirmative if you have not read and understood your contractual obligation to these.
INTELLECTUAL PROPERTY RIGHTS
Except for the copyright in these Terms and Conditions of use, B-Unique Designz LLC assert copyright and all other intellectual property rights in this website, unless otherwise stated.
B-Unique Designz LLC also reserve copyright and all other intellectual property rights in all our documents and images appearing on or linked to this web site.
PAYMENT TERMS AND CONDITIONS
“The Client” agrees to pay B-Unique Designz LLC:
- 100% non-refundable payment is required for all DESIGN ONLY
- 100% non-refundable payment is required for all PRINTING ONLY orders
- 100% non-refundable payment is required for all DESIGN u0026amp; PRINTING orders to start the creative process for all orders.
- After an order is sent to print there can be no edits or alterations to approved artwork and the order is non-refundable.
In the case of a change of mind by “The Client” this payment is non-refundable. B-Unique Designz LLC strives to provide graphic design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” by “The Client”, the initial 100% payment for DESIGN u0026amp; PRINT orders and 100% payment for all DESIGN ONLY or PRINTING ONLY orders is forfeited and acts as a cancellation fee. Construction files (unused concepts, revision files, fonts, Photoshop layered files, Adobe Illustrator files) remain the property of B-Unique Designz LLC.
PROJECT DURATION AND CLIENT RESPONSE TIME
“The client” agrees to provide timely responses to B-Unique Designz LLC after receiving status notifications, work for review or requests for information.
The client shall have 3 business days to respond to each draft/request for information submitted. If the client has failed to respond after 3 business days, B-Unique Designz LLC will deem the project complete. At such time, B-Unique Designz LLC shall have no further obligation to the client, and the client shall pay B-Unique Designz LLC all fees and expenses associated with the work performed.
B-Unique Designz LLC will use all reasonable efforts to meet completion dates. However, time is not the essence of the Contract and we will not be liable in cases of late reporting, however caused, nor shall lateness be deemed to be a breach of Contract or an act of negligence.
CLIENT PROFESSIONAL COURTESY
B-Unique Designz LLC takes pride in professional courtesy and manners and hope our clients do too. “The Client” agrees to behave through all communications in a professional, courteous and respectful manner towards designers and staff at B-Unique Designz LLC. Any actions toward staff or designers at B-Unique Designz LLC deemed by us as disrespectful, unprofessional, abusive, bullying or verbal/written cruelty on the part of “The Client” may result in a cancellation of the project and the 100% payment will serve as a cancellation fee.
Actions that may result in cancellation of the project may include: insulting language, profanity, unwarranted criticism of the designer’s general ability, disrespectful comments, personal insults, swearing, flaming on social media sites, personal insults, threats not to pay for the work for unwarranted reasons, bullying behavior toward junior staff and general lack of respect. Please note: It would be extremely rare for B-Unique Designz LLC to use this clause, and the client behavior would have to be extreme and affect other areas of our staff and designers’ work.
B-Unique Designz LLC ™ shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of B-Unique Designz LLC including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
FEES FOR SERVICE
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work. Wherever possible the client will be notified of increases in the scope of the project. “The client: agrees to pay additional fees for work. B-Unique Designz LLC will attemp to inform you via email of this increase.
EXCESS WORK
This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorized representative of “The Client”.
Changes to any Supplies completed (Author’s corrections) or part completed requested by the client or any other part beyond our control, will be charged to the Client on a time basis of $50 (Fifty dollars USD) per hour.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the client by “ B-Unique Designz LLC“ may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
In the case of time billed work, B-Unique Designz LLC will keep very accurate logs of time on projects and these are provided in the client invoice.
LIABILITY and LITIGATION
It is agreed that all work and materials provided for “The Client” by B-Unique Designz LLC without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
It is agreed that “ B-Unique Designz LLC” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify“The Client” in writing of full details of any such claim.
Under no circumstances shall B-Unique Designz LLC be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the Supplies prepared by B-Unique Designz LLC including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Indemnity: “The client” agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including lawyers’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.
APPROVAL OF FINAL ARTWORK
While B-Unique Designz LLC takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. A digital file will be emailed to “The Client” to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.
PRINT RETURNS AND REFUNDS
It is agreed that the B-Unique Designz LLC is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. B-Unique Designz LLC will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the client to notify B-Unique Designz LLC by email of any such errors during the revision cycle and before the final files have been approved.
As with all print projects, payment for re-printed project MUST be 100% prepaid.
PRINT – COLOR VARIATIONS
With all printing there may be some color variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of B-Unique Designz LLC.
COPYRIGHT and GRANTING OF RIGHTS
The production of any original design work automatically deems B-Unique Designz LLC the author and therefore the owner of such work. Ownership pertains to all original electronic files only. “The Client” is entitled to use the design work for the purposes for which it was created. Any other usage not discussed will need to be negotiated. If original electronic files are required by the Company it must be negotiated with B-Unique Designz LLC and will incur additional fees.
IMPORTANT NOTE: Rights to use the any artwork created by B-Unique Designz LLC are granted only upon payment in full. All payments made to B-Unique Designz LLC are non-refundable.
B-Unique Designz LLC retains full ownership of design concepts and materials it produces in the course of a project. Unused concepts remain the property of B-Unique Designz LLC . B-Unique Designz LLC may still use paid-for concepts in its promotional materials and in its design portfolio. B-Unique Designz LLC retains the right to display a small tagline claiming design credit on all works it produces that are printed or used online.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. B-Unique Designz LLC retains ownership of all artwork and website architecture. B-Unique Designz LLC reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, color palettes and other non exclusive items.
B-Unique Designz LLC reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of B-Unique Designz LLC all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by B-Unique Designz LLC shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed and must be paid in full prior to use.
Any material supplied to B-Unique Designz LLC by “The Client” in the project brief or duration of the project, shall be free of copyright restrictions, owned by or licensed to “the client” for use by B-Unique Designz LLC for use course of the project. B-Unique Designz LLC will not be liable for any intellectual property or copyright issues resulting from the use of client supplied resources.
RESENDING FILES
If a client loses or accidentally deletes the files delivered by B-Unique Designz LLC at the completion of the project, B-Unique Designz LLC can re-email digital files for a fee of $10 per request.
ARTWORK ON DVD OR USB DRIVE
We digitally send all artwork. We do not send artwork on USB drives or CDs or
TERMINATION POLICY
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the payment will be forfeited in lieu of compensation to B-Unique Designz LLC. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by B-Unique Designz LLC and the client by negotiation) a prorated payment is payable for time spent up until cancellation notice, at an hourly rate of $50 per hour.
If a project is cancelled by B-Unique Designz LLC, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by B-Unique Designz LLC. We reserve the right to sell artwork to cover costs.
CONFIDENTIALITY
It is agreed that employees of “ B-Unique Designz LLC” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
AMENDMENTS TO THESE TERMS AND CONDITIONS
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by“The Client”and signed by an authorized representative of “ B-Unique Designz LLC” prior to the commencement of work outlined in this submission.
DISCLAIMER
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such B-Unique Designz LLC take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the B-Unique Designz LLC cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by B-Unique Designz LLC. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. B-Unique Designz LLC will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. B-Unique Designz LLC has no control over websites that are linked to on this website. Those third party websites are under the control of their owners, and B-Unique Designz LLC will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.
THANK YOU FOR TAKING THE TIME TO READ, UNDERSTAND AND DETERMINE YOUR AGREEMENT TO THIS DOCUMENT.