STANDARD
PROJECT TERMS AND CONDITIONS
Time for Payment: A deposit
is required to commence project. Unless otherwise indicated on
the written estimate, Carbery Creative requests payment within
14 days of invoice date. Accounts will become overdue 30 days
from invoice date. A late payment finance charge will accumulate
monthly at 1.5% with a minimum charge of $10.00. COD is required
at time of delivery of any original digital production files.
Estimates and Client Responsibilities: The
fees and expenses shown in estimates are based on interpretation
of information provided by Client. Costs are subject to revision
upon receipt of further details or instructions from Client. Client
is responsible for any printing, production or artist costs incurred
as a result of his/her instructions to Carbery Creative. Client
shall also pay invoiced fees or expenses that were orally authorized.
Final fees and expenses shall be shown on invoice. Carbery Creative
will provide estimated cost updates at any stage during this project
at Client’s request.
Cancellation: In the event
of cancellation of this assignment, costs for time and materials
expended against the Project up to the point of cancellation will
be invoiced and due within 14 days.
Uses and Copyright: Concepts,
designs, website coding and other products are original copyrighted
creations provided by Michele Carbery, DBA Carbery Creative. ©
Michele Carbery, DBA Carbery Creative, 2005. The concepts, designs,
code and products may not be resold or reused unless agreed upon
prior to project commencement and recorded in writing. As the
original designer, Michele Carbery, DBA Carbery Creative reserves
the right to use the original concepts, designs and code in online
and print portfolios, in public promotion and submission for design
awards. A small credit, “Designed by Carbery Creative, www.carberycreative.com”
shall be included and retained on finished products.
Releases: Client shall
defend, hold harmless and indemnify Michele Carbery, DBA Carbery
Creative against all claims, damages and expenses, including attorney’s
fees, due to or related to uses of the provided materials that
may include, but are not limited to; creative services, concepts,
designs, digital files, writing, website coding, photographs and
graphic images; including those provided under a Work for Hire
agreement, or for which no release and agreement was provided
in writing, or for uses which exceed authority granted by a release.
Limit of Liability: Michèle
Carbery DBA Carbery Creative’s liability is strictly limited
to the cost of replacing defective or incorrect artwork materials
and computer files. Client assumes full responsibility for any
costs resulting from the use of materials and intellectual property
supplied by Michèle Carbery DBA Carbery Creative, including
all incidental or consequential damages.
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