1. Submission of Client content:
Initial Client files need to be submitted as a high-quality (300 dpi or better) .psd, .tif, or .eps file format that requires no additional work. All text needs to be submitted in an electronic format (e-mail, Word document, .rtf, or .txt).
Text needs to be in its final, proofread form when submitted. It is agreed that it is Client’s responsibility to ensure that there are no spelling or grammatical errors contained in the text before submitting it to Simons Studios. Up to THREE minor text changes may be provided free of charge (a single word, an address, a name, or a piece of contact information). Minor changes may be billed at the regular hourly rate. (If Client text needs to be proofread, it is recommended to contact Simons Studios’ in-office editor.)
Client guarantees that they have the production rights of any provided artwork, whether through direct ownership of the artwork or through proper permission/licensing. Client retains the full responsibility for any copyright infringements. Simons Studios reserves the right to refuse to reproduce or modify any artwork that we believe may be protected by copyright. Client agrees to indemnify, hold harmless, and defend Simons Studios in any copyright claims brought against Client when client-supplied content is involved.
2. Ownership of artwork:
Client retains ownership of any work submitted to Simons Studios. Until final payment is made in full, Simons Studios retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. However, Simons Studios retains the right to use the completed project and any preliminary designs for the purposes of design competitions, future publications on design, education purposes, marketing materials, and her portfolio. Where applicable, Client will be given any necessary credit for usage of the project elements.
3. Project Description:
For projects priced at $150 or more, the Project Description shall govern the work to be performed for Client by Simons Studios. Changes can be and must be made in writing (signed letter or e-mail). Phone conversations shall be used to govern the work process but cannot change the Project Description. For projects of less than $150, e-mail correspondence and written discussion may replace the formal Project Description portion of this agreement.
4. Production schedule:
Any alteration or deviation from the Project Description (or e-mail agreements) involving extra costs will be executed only upon approval of Client. The designer shall not incur any liability or penalty for delays in the completion o f the project due to actions or negligence of Client, unusual transportation delays, internet communication issues (not including connectivity problems on part of Simons Studios), unforeseen illness, or any other external forces beyond the control of the designer. If such events occur, they shall entitle the designer to extend the completion/delivery date by a time equivalent to the period of such delay.
5. Proofing of the final product:
Text is the sole responsibility of Client (as per provision 1). Client understands that he/she has TWO business days from the day the final product/notification is sent to reply with final revisions/requests in order to keep the status of this project “open.” Failure to respond in a timely manner, special circumstances notwithstanding shall result in the project being closed. It is agreed that the designer is not responsible or to be held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.
6. Delivery of product:
Client will assume any shipping or insurance costs related to the project unless otherwise stated in the Project Description or an attachment. Simons Studios shall not be held responsible for any delays caused by any delivery service. Unless otherwise stated, Simons Studios shall choose method of delivery and carrier. All reasonable effort shall be made by both parties to ensure that final product is entrusted to carrier in a reasonable timeframe and an appropriate delivery service is selected.
7. Third-party shipping:
In the event any material necessary for production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding/finishing, the designer will incur no liability for losses incurred in transit or due to the performance of the shipper of the third party.
Client agrees to reimburse Simons Studios for all out-of-pocket expenses not specifically indicated in the original project estimate and have been approved in writing by the client, including but not limited to outside contract work such as printing, coding, and copywriting. Additional expenses can include outside illustration, photography purchases, sales tax, and shipping. All out of pocket expenses will be marked up 25% and are due in advance of purchase. Simons Studios will provide Client with the option to purchase directly from a first-party source when that option is available.
9. Hourly rate:
Hourly rates will be charged at a minimum of one hour, and thereafter in 15 minute increments.
Client will not unreasonably withhold acceptance of, or payment for, the project. If, prior to the completion of the project, the client observes any non-conformance with the design plan, Simons Studios must be promptly notified to allow for necessary corrections.
Rejection of the completed project or cancellation during its execution will result in forfeiture of First Payment (as agreed to in the Project Description), within reason, and the possible billing for all additional labor or expenses to date.
Upon cancellation, all elements of the project must be returned to Simons Studios. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear any and all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this agreement or in which Simons Studios may become a party of by reason of this agreement.
This agreement will be subject to the laws of the State of Washington and any legal proceedings shall take place in Whatcom County, Bellingham, Washington.
All correspondence and documents provided will be treated as confidential between Simons Studios and Client unless consent has been granted by both parties involved. All reasonable effort will be made to protect any and all confidential information unless otherwise compelled by law.
Copyright of the final artwork is the responsibility of Client. However, provisions must be made to conform, in whole, to provision 2 of this agreement.
14. Modification or Amendment:
No amendment, change, or modification of this Terms of Service shall be valid unless agreed to in writing by both Simons Studios and Client.
15. Entire Understanding:
This document and any exhibit attached constitute the entire understanding of and agreement between both parties.
If any provision, or portion thereof, is held to be invalid and unenforceable, the remainder of this Terms of Service and the remainder of the provision shall remain in full force and effect.
17. Acceptance of agreement:
The prices stated in the Project Description on page 1 and this Terms of Service are hereby accepted. Simons Studios is authorized to execute the project as outlined in the Project Description in accordance with the Terms of Service. Payment(s) will be made as proposed above. This agreement is valid when signed by Client and returned to Simons Studios. Parties hereto agree that facsimile and electronic signatures shall have the full effect of the original signature.
This document was last updated November 26, 2014. This Terms of Service will be available online to view at https://www.simonsstudios.com/terms