Trace Park Design will not knowingly enter into any contract whereby the other party’s terms conflict with any of those set out below. Should it happen that a Client’s own terms and conditions conflict with any of the same setout on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by you (the Client) and by an authorized agent of Trace Park Design. By entering into a business relationship with Trace Park Design, you (the Client) agree and consent to the following terms and conditions:
TIME FRAME AND DELIVERY
Trace Park Design will provide the initial draft concepts to you (the Client) within the time frame agreed upon in the initial consultation. Please note that if the company is experiencing higher than usual demand, Client’s design will be scheduled for the next available time slot and will be notified at the earliest possible time. Trace Park Design will post the initial designs in an email for review by you (the Client). You (the Client) will then be able to view your draft designs and also be able to provide feedback concerning the design.
Trace Park Design will analyze your (the Client’s) feedback and revise the designs. The revised samples will be presented to you (the Client) within the specified time frame. Regular working days are Monday through Friday, 8am – 5pm Eastern Standard Time, excluding United States holidays. Trace Park Design will continue the revision process as per the terms of the specific contract, until Client is 100% satisfied. Once you (the Client) have approved the final design, you (the Client) will complete any remaining payment owed, and Trace Park Design will then proceed with the delivery phase. If your project is not printed in house, all requested formats of the approved logo or design are then emailed or posted to your (the Client’s) download area for your (the Client’s) use.
Designs for print such as business cards, advertisements, brochures, etc. will be delivered in flattened formats. No raw designs will be sent to the client.
You (the Client) unconditionally guarantee that any element of text or graphics furnished to Trace Park Design for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. You (the Client) will hold harmless and protect Trace Park Design from any claim or suit arising from the use of such as furnished by you (the Client).
Trace Park Design makes every effort to produce original artwork. If, however, Trace Park Design creates artwork for you, which accidentally infringes on any existing trademarked artwork, Trace Park Design’s liability is limited only to a refund of the paid amount. Trace Park Design will do no research checking on the legal availability of the name of the company for which the design is being created. It is the your (the Client’s) responsibility to ensure that the name of their product, company or service is not already in use, and it is your (the Client’s) sole responsibility to secure a service mark or trademark to protect the rights to any name or image. Trace Park Design and it’s employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Ownership of the final artwork becomes the your (the Client’s) full property, having unlimited, indefinite and unrestricted use of the design upon payment of all fees. Trace Park Design retains the right to display the artwork in corporate portfolios and marketing materials. Unless otherwise arranged with the project manager, all stock photography is used under royalty-free license of Trace Park Design. As such, you (the Client) have legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency. Exclusive, rights managed photography is available, but will incur additional cost.
All concepts furnished to you (the Client) are for your (the Client’s) review and comment purposes only. Until all project invoices are paid in full by you (the Client), Trace Park Design will retain exclusive copyright and ownership of all design and draft materials. Ownership of final designs are transferred to you (the Client) on payment of all fees, however unless otherwise arranged in writing, Trace Park Design retains ownership of all draft materials not used in the final design.
DRAFT CONCEPT POLICIES AND COPYRIGHTS
All draft concepts previewed by you (the Client) are for your (the Client’s) review and comment purposes only. Until final design balance is received by Trace Park Design, all logos, artwork, concepts and designs remain the copyright and exclusive property of Trace Park Design. Trace Park Design reserves the right to utilize and/or reproduce any image, logo or illustration created by Trace Park Design in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. You (the Client) are granted unlimited royalty-free use of the image upon full payment of all fees. Trace Park Design retains the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork, and is granted the right to use these logos in promotional and advertising and marketing materials.
REVISIONS AND AUTHOR ALTERATIONS
Any and all revision requests or project additions/alterations MUST be furnished to the project manager in writing. Revisions may be discussed verbally, however no work will be done until you (the Client) submit your revisions in writing, either by email, Mailed Letter or Fax. You (the Client) understand that upon completion of the project, revision work, along with requests for project additions or author alterations, will incur either the same hourly billable as noted in the project quotation OR another amount as determined by the project manager. Revision work is not done free of charge unless otherwise arranged, in writing. If no hourly rate is noted in the quote, let it be known that the standard hourly rate for Trace Park Design is $100 per hour.
The quotation assumes a reasonable average number of revisions per design item, but on very rare occasions, a project arises in which you (the Client) request an unusually large number of drafts or revisions. Any and all revisions will still incur the standard hourly rate, and you (the Client) confirm that any revisions or additions they request will incur this cost.
Regarding website design, you (the Client) have 10 business days after the completion of the website to make any corrections or changes to the website free of charge. After that time has passed, updates/changes will be charged at the rate of design, beginning at $100 dollars per hour. Whether minor or major, the agreed upon amount will be determined through discussion via phone or email. The determined amount will be billed to the client and the project will remain on hold or the service will remain unfulfilled until that amount has been paid in full.
The rate for websites is $100 per language per hour. The rate is the same to add pages to already completed websites.
PROJECT CONTENT (ROYALTY-FREE PHOTOS, TEXT, ETC)
You (the Client) are responsible for your content. Text, royalty-free photos, etc, must be provided and ERROR FREE prior to beginning your project. Trace Park Design WILL NOT write, or edit Client provided material for a web site, brochure, or any other marketing piece. However, suggestions may be made for corrections to grammatical, contextual or content errors. But, even in that case, it is your (the Client’s) responsibility to ensure that all copy is correct prior to going to print. If you want Trace Park Design to edit or write material, a charge will be incurred.
Trace Park Design will not buy fonts or royalty-free images, until agreed upon by the client. For photos, low resolution files will be used in design FPO (for placement only), until the image is finalized and agreed upon for purchase. This cost will be passed on to the client in the final invoice.
For fonts, the Client will purchase any fonts that are needed and cannot be found for free download. Only at the discretion of Trace Park Design will a font be bought in advance. Regardless, the cost of any fonts bought are the responsibility of the Client. Again the Client will purchase the font or Trace Park Design will purchase the font and pass on the cost of the purchase to the client in the final invoice.
USE OF TEMPLATES
There are times when Trace Park Design will use templates. We will make every effort to make it known to the client that a template is being used. The most common times when a template will be used are for websites and flyers. In all situations, the standard is to use a licensed form of the template. This means that the website or flyer can be used by other companies or individuals. If a client wants to purchase a website with exclusivity rights, that options will be researched, and the charge for exclusivity rights will be passed to the client during the quote phase.
Graphic design is a professional service, not a restockable product or commodity – customers are billed for the time and expertise of our graphic designers, art/creative directors and project managers. In accordance with industry standards, Trace Park Design charges for design services by the hour (unless a flat fee has been negotiated in writing) and does NOT offer refunds under any circumstance (except in the case of copyright infringement as noted above). Quotes provided will have the expected number of hours projected to be spent completing each project unless otherwise stated. If a project exceeds the number of hours projected to be spent on the project, the same rate will be charged for each additional hour. The client will be notified if the project begins to exceed the amount of time projected.
Trace Park Design does NOT engage in speculative work and will not honor any requests for same (see www.no-spec.com for more information about spec work). The Trace Park Design website provides a public portfolio, making it easy for potential Clients to judge whether the style and quality of design offered by Trace Park Design is a good fit for their organization.
All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Based on Client changes, and additions, final invoices will reflect actual hours worked on your project, which may or may not differ from your quotation. The final invoice amount will not exceed the quoted amount by a margin of over $50 without prior notification and written authorization by you (the Client).
It is preferred that you (the Client) pay for your project in full, but an up front deposit of at least 50% (based on the quotation amount) is required for projects totaling more than $100.00. Projects totaling $100.00 or less will be required to pay the amount in full in one payment. Work will not begin on a project until payments have been cleared. Furthermore, agreed upon time frame will not begin until payment has been cleared. If payment is cleared after 5pm, the agreed upon time frame begins on the next business day.
Once work has begun on your project, deposits CANNOT be transferred to other projects unless approved prior to start. (1) Once first samples have been submitted, deposits CANNOT be refunded. (2) Unused funds for printing CAN BE ROLLED OVER TO BOTH OTHER DESIGN AND PRINTING PROJECTS. Unused funds for design projects CAN NEVER BE ROLLED OVER TO COVER PRINTING COSTS (whether or not work has begun on the project). Should you (the Client) decide to cancel a design project, any monies paid will be (a) transferred only to the balance of other design projects, NOT PRINTING; or (b) be forfeited.
Preferred Clients requiring long term and ongoing design work will be placed on a monthly billing cycle, which will allow said Client to skip the quotation/deposit phase. Clients on monthly billing will be invoiced on or around the 1st of each month.
Deposits and payments may be made in a number of ways:
- Credit Card via PayPal (Visa, Mastercard, American Express or Discover)
- Company or Certified Check
- Money Order or Bank Draft
- Wire Transfer
Corporate clients are required to pay via check or wire transfer. For wire transfer, please submit a request via your preferred method of communication and the information will be supplied to the proper individual.
Online payments are processed securely using 1024 bit encryption. Trace Park Design can submit invoices in your local currency, however please note that credit card payments will require conversion to $USD. If your invoice is in another currency, you are still welcome to pay by credit card, but your total will be automatically converted by our gateway to $USD during processing.
If you (the Client) have not initiated any activity on a project in 30 days or you (the Client) have not been responsive to status requests by the project manager, said project will be classified as “inactive”.
Inactive projects with balances are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an “inactive” classification has no adverse effect on your (the Client’s) account, provided all invoices are paid on time. If your (the Client’s) project is incomplete and you (the Client) have received an inactive project invoice, the project will be invoiced only for work actually completed to date, and you (the Client) can re-open the project at any time. Upon payment of the any remaining balance, you (the Client) will have rights to request delivery of any design files (complete, or otherwise).
A project can also become inactive if you (the Client) have been unresponsive to finalization of a project or design (i.e. choosing a final composition, approving changes to a website, etc. Upon determination of final design, provided all balances have been paid, you (the Client) will have rights to request delivery of any design files (complete, or otherwise).
TRACE PARK DESIGN WEBSITE
Unless otherwise specified and/or credited, all images, artwork, text and graphics, of this site, are the copyright of Trace Park Design. All rights reserved. All other images are the copyright and/or trademark of the respective owners.
The information presented on the Trace Park Design web site is copyrighted to Trace Park Design. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners.
Designs, original art and clip art presented by Trace Park Design are for the use of the authorized Client. All art, images, designs, and material are copyright of Trace Park Design and may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of Trace Park Design and the images contained within.
All material featured on traceparkdesign.com are offered for individual or commercial information only and as such are offered on an ‘as is’ basis. Any other use of graphic material found on the traceparkdesign.com site including mirroring or copying any part of the site is prohibited without the express written consent of Trace Park Design or their authorized representatives.
Visitors are permitted, and encouraged to link to this site. Visitors are welcomed to link to any page or section of the Trace Park Design web site. Any form of reproduction, electronic or otherwise is strictly forbidden without prior written consent of Trace Park Design or its agents.
You (the Client) agree to indemnify and hold Trace Park Design and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Trace Park Design arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
What information are you collecting?
Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer’s “Internet Protocol” (IP) address. When a visitor requests a page from within our site, our web servers automatically recognize that visitor’s domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed my site. We may use this information to examine my traffic in aggregate. Our web servers do not automatically record e-mail addresses or any personal information of the visitors.
What information do you collect when I pay my invoice?
Trace Park Design accepts a number of different payment methods. We also offer secure and convenient payment online. Your credit card information will be processed via secure, tested and trusted servers. Your information will not be shared or sold to third parties for any purpose.
Will you disclose the information you collect to outside third parties?
Trace Park Design will only disclose personal information and/or an IP address, when required by law or in the good-faith belief that such action is necessary to:
- Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on Trace Park Design.
- Protect and defend the rights or property of Trace Park Design site and related properties, or visitors to the Trace Park Design site and related properties.
- Fulfill a user’s order or request.
Trace Park Design uses reasonable precautions to keep the information disclosed to us secure. We are not responsible for any breach of security or for any actions of any third parties that receive the information. We are not responsible for such third party privacy policies or how they treat information about their users.
What else should I know about my privacy when online?
Please keep in mind that whenever you disclose personal information online through e-mail, forums, discussion lists, or unsecured pages, that information can be collected and used by others. In short, IF you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you’re online.
YOUR CONSENT TO THIS AGREEMENT
If you have any questions about these terms, or would like information about licensing images and/or materials from Trace Park Design please feel free to contact us.