Terms and Conditions

Visual Inception Design

Thank you for choosing Visual Inception Design (VI) to meet your design and marketing needs. Please review the following terms and conditions, and confirm agreement by signing below.

 

Payment Terms

Upon initiation of a project, the client will be given a personalized proposal specific to that project. If the proposed amount is greater than $1,000, the client agrees to pay a 50% deposit to commence any design project, with the balance payable prior to delivery. If the proposed amount is less than $1,000, the client agrees to pay the total amount due before commencement of the project. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by the client, this deposit is non-refundable.

 

If the work time exceeds 4 calendar weeks in duration, the client agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.

 

All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.

 

Design and Delivery Terms

VI affirms that all project designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict with any other agreement.

After the final project design is approved, the project design will be delivered to you as a digital files (.jpg, .pdf, and .eps graphics file formats).
Ownership of the final design will be dependent on the agreement reached through a personalized proposal between the client and VI. Once an agreement has been reached between the client and Visual Inception, both parties will be required to review and sign the Copyright Release. VI retains the right to use the final logo, or any versions of the logo created in the process. The client also gives VI permission to use client’s full name, business address, and/or website address, for testimonial purposes on the VI website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

The client understands that the final logo design belongs to VI until paid in full. In the event of termination of this Agreement, VI owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, VI owns all design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion and that VI reserves the right to display the design for business promotional use.

Illness, injury, or other events beyond VI’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

The client has the right to terminate this Agreement if, VI fails to complete the design within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, VI shall retain the deposit.

VI does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will VI be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if VI has been advised of the possibility of such damages.

Logo Design

Within 7 business days of receiving your company information and deposit, Visual Inception will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, VI will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to two rounds of revision are included in quoted price. Further revisions will incur additional costs at VI’s current hourly rate.

Print Design

Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.

Within 7 business days of receiving your company information and deposit, VI will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that will include two revisions in the estimated cost.  Further revisions will incur additional costs at VI’s current hourly rate.

Web Design

For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in this contract will be honored for three (3) months after both parties agree to this contract. Continued services after that time will require a new agreement.

The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes VI to publicize their completed Web site to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.

VI will verify the design and functionality of all websites on the following internet browsers: Internet Explorer 6 and 7, current versions of Firefox, and Safari. Should an update or up-version of any of these browsers results in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense, billed at VI’s current hourly rate.

Stock Photography: PDD agrees to provide up to 5 stock photos during the web design process. The provision of stock photos for other projects will be provided in the client’s personalized estimate. Any photos acquired by VI for inclusion in the client’s project will remain the property of VI and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.

 

The client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner. The client represents to VI and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to VI for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend VI from any claim or suit arising from the use of such elements furnished by the client.

VI agrees to complete website projects within a timeframe agreed upon with the client. Additionally, VI reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

By signing your name here and clicking the agreement box, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.