Terms of Service
The Sole Conditions of Our Business
1. WELCOME
Welcome to the CRGraphix website. (“CRGraphix,” “the Site,” “we,” “us,” or “our”). CRGraphix provides this site as a service to its current and potential customers. Please read the following terms of service (“Terms”) as they govern your current or potential projects. By reading these Terms & Conditions, you agree to follow and be bound by the following rule below and agreeing to the sole conditions of our business.
CRGraphix reserves the right, at its sole discretion, to modify or replace any of these Terms of Service at any time without prior notification. Clients must agree upon and abide by these changes accordingly. Please review this page periodically for changes. It is your responsibility to check the Terms of Service periodically for such changes.
2. DESCRIPTION OF SERVICE:
CRGraphix is a business that produces high-quality designs for print, web, marketing and promotions. In order for CRGRaphix to provide goods and services, the client will have to read and agree to the Terms of Agreement. If the client declines the Terms of Agreement, he or she will not receive any type of work from CRGRaphix. Once the design(s) is/are complete, final payment is required first before the design(s) can be sent.
3. WORK:
CRGraphix agrees to produce project materials at the request of the client for fees agreed upon by an agreed-upon deadline. The company agrees that it will be the sole author of the respective design, which will be original work and free of plagiarism. The company will cooperate with the client in editing and otherwise reviewing the work prior to completion and launch.
4. COMPENSATION:
Client agrees to pay CRGRaphix a deposit before any work is started. Previews of the work will be shown only between CRGRaphix and the client. If the parameters of the artwork change, or if it involves more time than estimated, CRGRaphix will inform the client and they can renegotiate the work’s cost. The client will not treat the designer as an employee for any purpose. All payments for goods and services are NON-REFUNDABLE once the client has recieved the finished artwork.
5. CLIENT APPROVAL:
Upon delivery of the final artwork to be approved, the client will have 3 business days to review and request changes, modifications, etc. If, within these 3 business days CRGraphix receives no request for modifications or changes, or the client declares acceptance, CRGraphix will determine the final deliverables have been accepted.
Upon acceptance of the artwork, the client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) CRGRaphix is not responsible for errors occurring in this work or projects related to this work after acceptance of the artwork by the client.
6. FINAL DELIVERY:
All final source files are delivered to the client upon final payment is received and project has been completed.
7. OWNERSHIP RIGHTS:
All work is considered ‘work-for-hire’, granting the paying client all rights associated with it when the final payment has cleared. For additional information, please review the copyright section.
8. NON-SERVICE COSTS:
Non-service costs include printing, stock photography, fonts, or software, etc. that may need purchasing, with prior client approval. We will work with the client to get the best products and services at the best price.
9. COPYRIGHTS:
First, the client guarantees that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
Upon project completion, copyright will be automatically assigned as follows:
The client will own the visual elements that was create for their project. We’ll give the client source files and finished files and the client should keep them somewhere safe as CRGraphix is not required to keep a copy. The client will own all elements of text, images and data the client provided, unless someone else owns them.
CRGraphix will own the unique combination of these elements that constitutes a complete design and we will license to you (the client), exclusively and in perpetuity for this project only, unless we agree otherwise. This basically just means that the client can’t take the design we created and sell it to Nike.
We love to show off our work and share what we’ve learned with other people, so CRGraphix reserves the right, to display and link to the client’s project as part of our portfolio and to write about it on websites, in magazine articles, and in books.
10. CANCELLATION OR KILL FEES:
Projects that are cancelled by the client for reasons beyond the consultant’s control are subject to fees for the loss of expected revenue. Kill fees never exceed the original agreement amount.
- Projects killed after the first creative is delivered will be subject to pay 75% of the total contract.
- Projects killed after v.2 of the creative work is complete are subject to pay 90% of the original agreement.
- Projects killed after the work is completed are subject to pay 100% of the original agreement.
Clients will be notified before incurring kill fees on cancelled projects. In addition, the designer retains the right to cancel the project for lack of decisiveness on the clients part in selecting a creative direction – but this only applies after 3 versions of creative work is presented to the client for review and feedback.
In the very rare case of the designer’s cancellation, the client has no rights to the creative work previously rejected, and the designer retains 50% of the total project fees for the time spent to create and design initial deliverables.
10. LEGAL STUFF:
We can’t guarantee that our work will be error-free (after all…we are human!), so it is extremely important that the client reviews the final product before approving the design. Once approved, if errors are found, CRGraphix cannot be held liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
11. NOTICE:
CRGraphix may contact you or provide you with service-related and/or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.
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