SeryDesign Terms of Service

Terms

At SeryDesign will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what. In this Terms and Conditions, you won’t find complicated legal terms or large passages of unreadable text. We do want what’s best for the safety of both parties, now and in the future. Therefore I want to make sure we all understand that all services provided by SeryDesign are governed by the following Terms and Condition.

What do both parties agree to do?

As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us

Quotes and Estimates

Prices valid for 15 days from date on your quote/estimate. The fees quoted are for the original job description as presented by the Client. Any subsequent changes, requested in writing, may result in additional charges. The accompanying quote/estimate is a good faith estimate of the time and expenses SeryDesign anticipates. The Client understands and agrees that SeryDesign will bill for actual time and expenses incurred, which may be greater than that one which was quoted. Any labor required over the quoted amount and all communications, travel, or meetings will be billed as Extra Service. (see Extra Service Fees)

If a specific set design package has been purchased all the terms applies except the amount of composition and revision, which is stipulated in the price list for each design project.

The Client understands that accepting a quote or estimate means agreeing to all the terms of service as put forth by SeryDesign.

Payment & Deposit

A deposit of 50% of the estimated project total price is required to book any project or consultation. Deposit will be applied to projects total. Deposit is non-refundable in the event projects are canceled.

Final print or web-ready file will be released to the client after Invoice has been submitted and full payment has been received by SeryDesign. Available payment methods will be described on the Invoice.

A late fee of 8.5% of total outstanding balance invoice amount will be applied on the first day of each week past 14 calendar days from invoice date(Invoice total + accrued late payment fees). If a payment has not been received by the due date but it has been mailed, you are responsible to pay all late fees within 1 week. If the late fee has not been received within 1 week, further late fees will accrue.

SeryDesign is not responsible for payments claimed to be lost in the mail, sent to the wrong address, or otherwise not received. After 60 days of non-payment, the invoice will be forwarded to a collections agency, which will report the debt to creditors.

 

Turnaround Time

New design proofs are presented within 5 business days (Monday–Friday, 10:00 a.m.–6:00 p.m.) of receiving all project information. Edits are made within 3 business days of receiving feedback. Unless otherwise specified in the terms agreed in the Project Estimate/Quote Development time.

Rush Projects
  • SeryDesign can be booked on weekends and rush projects for an additional 25% of the total estimate. A deposit of 50% of total estimate is required to book projects. All other terms also apply for rush projects request.
Design

We will create designs for the look-and-feel, layout and functionality of your requested design. The design will include # composition/samples, plus the opportunity for you to make up to # round revision. (to be determined in a requested service project quote/estimate). Revisions can include color, size, look and feel of design, layout, and fonts. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the hourly rate set out in our original quote/estimate. Cancellation fees may apply.

Changes and revisions

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

The estimate/quotation prices at the beginning of this document are based on the number of days/hours that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra detail, colors or add anything else after the design has been approved by you, that won’t be a problem. You will be charged the hourly rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.

Client Approval

Client is responsible for written approval of work ordered (i.e., copy, design, photography, typesetting, and other services) required for the completion of the work. This approval can be in the form of initials or email. Upon acceptance of the work, client accepts responsibility for any further processes in which this work is used (i.e., film output, printing, etc.)

SeryDesign is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work.

Proofreading Your Artwork

Read your proof carefully. Review all names, addresses, phone numbers, websites, and other important information. SeryDesign is not responsible for errors found after the artwork has been approved; accuracy of the information is the Client’s responsibility. Refunds or discounts will not be given due to errors found on Client-approved artwork

Extra Service

Any request after a completed and delivered design work will be defined as Extra Service. Extra Service may include: design consulting; any type of research; file editing (size change, format); copy of files/images or design request; sending copies of displaced files; contacting printers or any outsource companies and scanning images, will be charged at a minimum of one hour of work at the agreed upon rate.

Anything that requires me to spend time serving your Company, while not working on a specific design project will be considered Extra Service

Photographs

You will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. If you would like to leave up to us the search for stock photography, we will be glad to assist you and you will agree to reimburse us any cost spent to acquire the image. The time spent to research the image during the process of development of an individual design work will be charged at the agreed upon hourly rate. If the research has been requested before or after the completion of the design work it will be charged as Extra Service.

All design orders are subject to cancellation

Jobs placed on hold for over 7 working days will be considered canceled and you will pay us in full for all of the work that we have produced until that point at the hourly rate set out in our original quote/estimate. If you choose to reopen the order within 7 working days from the invoice date showing cancellation, the applicable fees will be credited to the completion of your reopened projects.

A late fee of $25 or 1% total invoice amount (whichever is greater) will be applied on the first day of each week past 30 days from invoice date. If a payment has not been received by the due date but it has been mailed, you are responsible to pay all late fees within 1 week. If the late fee has not been received within 1 week, further late fees will accrue.

SeryDesign is not responsible for payments claimed to be lost in the mail, sent to the wrong address, or otherwise not received. After 60 days of non-payment, the invoice will be forwarded to a collections agency, which will report the debt to creditors.

Legal details

We can’t guarantee that the functions contained in the artwork will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to use the artwork, even if you have advised us of the possibilities of such damages.

Native File Release

All native files will be released ONLY for specific printing or technical requirements for a value of 150% of total design price.
Native files cannot be shared with a third party or to other designer agencies without written consent and will remain under SeryDesign ownership and copyright.

Copyrights

Many clients assume that when they hire the designer as an independent contractor to do work for them and pay the design fees, the client will automatically own all intellectual property rights in the designer’s work product. This is not the case. The designer undoubtedly retains ownership of the intellectual property in her/his work unless and until the designer signs a written agreement that transfers ownership of the intellectual property to the client. Because of this, every design contract needs to address the ownership and usage of intellectual property. These can be negotiated in a variety of ways, based on the nature of the work and the specific needs of the client and it requires to be specified before the design service is requested.

Artwork & Copyright License Release are available upon request. For pricing please enquire directly. These can be negotiated in a variety of ways, based on the nature of the work.

COPYRIGHT BASICS LINK

Indemnification

You agree to indemnify, defend and hold harmless SeryDesign, our independent contractors, affiliates, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including attorneys’ fees) related to any artwork that you supply or approve. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with us to the fullest possible extent.

Right to Withdrawal

SeryDesign’s discovery of new information, changes, or other factors tending to circumvent our policies could result in our withdrawal. Non-cooperation; multiple missed appointments; bad or returned checks or late payments are examples of contributing factors. Should SeryDesign initiate the withdrawal, all fees and payments will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, $30 per hour is billed for all design services already provided, consultations, and all driving time, rounded up to the nearest half-hour.

Disputes

SeryDesign operates in Miami-Dade, Florida in the United States of America. The laws of the State of Florida will govern the legal notices and conditions of use without giving effect to any principles or conflicts of laws.

SeryDesign retains the right to take legal action if this Agreement is violated, and in such case, if SeryDesign prevails, the Client is solely responsible for any and all mediation, arbitration, and legal fees incurred by SeryDesign.

If a party in any manner violated or threatened to violate SeryDesign ‘s intellectual property rights, SeryDesign may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and the Client consents to exclusive jurisdiction and venue in such courts, notwithstanding any provision in this Agreement which can be construed to the contrary.

Any dispute relating to the products and/or services Client purchases through SeryDesign or relating to a breach of this Agreement shall be resolved in the city of Miami-Dade, FL in the United States of America.

Severability

In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect.

Entire Agreement

This contract constitutes a full and complete Agreement between the parties. There are no oral or other Agreements that supersede this Agreement. This Agreement describes the terms and conditions applicable to the services available by SeryDesign . This Agreement describes the Client’s responsibilities and, among other things, limits the liability of SeryDesign.

SeryDesign reserves the right to modify the Terms and Condition at any time, with prior notice to the Client.

If you any question about the terms please feel free to contact me

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