These Standard Terms and Conditions provide the basis for a good working relationship between TechDeck LLC (“the Creative team”) and you (the “Client”). These terms form an integral part of the agreement between TechDeck LLC and the Client.
COPYRIGHT AND OWNERSHIP
Except for the retained rights described in the paragraph below, all services provided and all materials TechDeck LLC produces on your behalf will become your property upon full payment of our invoices.
TechDeck LLC retains the right to:
- use work produced for the Client as part of its portfolio materials in both its online and offline portfolios;
- add your firm to our client list; and
- use your work in design competitions, publications, exhibitions, or other promotional purposes.
Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 60 days of submission to you, will remain TechDeck LLC Creative’s team property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.
AUTHORITY
The Client and TechDeck LLC each represent that they have full power and authority to enter into this agreement and that this agreement is binding upon the Client and TechDeck LLC Creative, and enforceable in accordance with its terms.
ENTIRE AGREEMENT
This agreement represents the entire agreement between the Client and TechDeck LLC Creative, and may only be changed or modified in writing and with the approval of both parties.
ASSIGNMENT
Neither the Client nor TechDeck LLC may assign or transfer their interest in this agreement without the written consent of the other.
TIMELINES
Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks.
DISBURSEMENTS
In addition to our fees, you agree to pay either TechDeck LLC or the provider directly for third party charges we incur to complete the projects defined under Marketing Services. Third party charges will be treated as disbursements and will be billed separately.
In addition, where you will see a charge for the payment as “TechDeck LLC” over your billing statement.
FEES & ALTERATIONS
Any revisions, additions, or alterations to the project modifying the terms of the agreement as the Services to be performed and not included in any fee specified, shall be billed as additional services. Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval has been given for a specific stage of design, documentation, or preparation of artwork.
RUSHED OR PROLONGED WORK
Any work required in advance of an agreed schedule or timetable, any shortening of the contract period, or additional fees and expenses incurred during a project due to Client delays or extensions shall be charged and paid for at an additional rate of 50% of TechDeck LLC Creative’s hourly rate.
CLIENT APPROVAL
The Client will appoint a single representative of the Client with full authority to provide necessary information required by TechDeck LLC and to provide approvals.
The Client will be required to proofread and approve all elements of final designs. Approval must be provided before production can continue and artwork is released. Corrections, if required, will be identified on proofs, artwork, facsimiles, or digital proofs and submitted for TechDeck LLC to revise and resubmit for client approval. Final approval is required on every project and must be marked “Approved” with the name or initials of the individual who is authorized by the Client to approve artwork for release and production.
Email authorization from you will constitute authorization and approval to carry out work defined in the Marketing Services.
QUALITY OF SOURCE MATERIALS PROVIDED BY THE CLIENT
Additional charges will apply when materials are submitted by the Client in a form that prevents them from being readily used and applied at recognized professional standards. An example would be to recreate a low-resolution logo image file into a vector file.
PRODUCTION
In those instances where the Client assumes responsibility for production, printed proofs, copies, prototypes, and mock-ups must be approved by TechDeck LLC prior to use. TechDeck LLC shall be available at reasonable times to provide advice during the production period and for approval of minor modifications of the project (hourly rates will apply).
When TechDeck LLC is engaged in a supervisory function and assumes responsibility for production on behalf of the Client, the Client agrees to abide by the decisions made by TechDeck LLC.
GRAPHIC DESIGN PAYMENT SCHEDULE
Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per below:
- 30% deposit upon contract acceptance
- 70% balance due upon delivery of the final design
WEBSITE PAYMENT SCHEDULE
Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per below:
- 30% deposit upon contract acceptance
- 30% on approval of Photoshop document of final design
- 30% on approval of HTML/CSS files of final website
- 10% balance due when site goes live
DELAYED PAYMENTS
TechDeck LLC’s accounts will include taxes on fees and disbursements that are applicable by law and our accounts are due and payable upon receipt. If our accounts are not paid within 30 days of their receipt, interest will be charged on the outstanding balance at the monthly rate of 5%, compounded monthly, until they are paid.
DESIGN CREDITS
The Client agrees that TechDeck LLC is entitled to claim authorship of the design, and will be permitted editorial credits to TechDeck LLC on all published or manufactured work. The Client must obtain TechDeck LLC consent in writing before TechDeck LLC name is reproduced in any finished product or other published material by the Client.
SAMPLES AND COPIES
The Client may provide TechDeck LLC with a number of samples or photographs of each printed or manufactured design. These samples will represent the highest quality of work produced.
REFUND POLICY
The Client can submit a refund request over unsatisfactory services 7 days from delivery date or on receipt of final product as we believe in 100% customer satisfaction. You’re encouraged to contact us in case of any concern.
TERMINATION
This agreement may be terminated in writing if either the Client or TechDeck LLC commits a breach and fails to remedy the breach within 14 days of receiving written notification from the other party specifying the breach and requiring its remedy.
This agreement may be terminated by any reason by either the Client or TechDeck LLC, if a written notification is provided within 30 days.
On termination of this project, or any part of it, for any reason, the Client will pay TechDeck LLC for the work completed to date, along with all expenses incurred on the project. Any advance of fees provided will be credited against the amount due.
In the event of termination, TechDeck LLC will retain all copyright even if the fees agreed to in advance have included the assignment of the copyright.
INDEMNITY
The Client will provide accurate and complete information and materials to TechDeck LLC, and warrants and guarantees that all materials are owned by the Client or that the Client has all necessary rights (including copyright and waiver or moral rights) in such materials, to allow TechDeck LLC to use them for the project.
We will use our reasonable best efforts to guard against any loss to you caused by the failure of media, suppliers, or others to perform in accordance with their commitments, but we will not be responsible for any such loss or failure on their part, or any destruction or unauthorized use by others of your property.
TechDeck LLC is not responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility is assumed by TechDeck LLC for errors or damages resulting from such errors.
TechDeck LLC will not be responsible for delays in delivery caused by acts of God, strikes, fires, floods, or any other similar circumstances beyond TechDeck LLC control.
You agree to indemnify TechDeck LLC, its employees, contractors and agents against all third-party claims (including, without limitation, reasonable lawyers’ fees) arising from or relating to any content or materials provided to TechDeck LLC by you