Design // Marketing // Advertising // Consulting Services
Concepts: Within 3-14 business days (depending on type of service) of receiving your company information and payment, azure77 will create up to three different design concepts depending on design service. Designs will be submitted either through our client portal or email unless otherwise negotiated. Upon receipt of your feedback on these designs, azure77 will make any needed changes to your favorite designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Please note that for publications and brochures, finalized text is required by the client upfront to begin the design phase. Revisions include "tweaks" to copy but does not include recieving different copy after a design has been submitted and therefore not included in our revision terms. Additional or conflicting copy received after initial submission and design review will be charged additionally for the time to correct the layout due to conflicting copy after placement. It is imperative to keep costs down that all text is edited, finalized, and approved by all all authorities before submission. Further revisions will incur additional costs at azure77 current hourly rate ($75 - $350/hr. depending on type of service) unless otherwise negotiated.
File Delivery: After the final design is approved the digital files are delivered in industry standard formats (.jpg, .png, , .tiff, .gif, .doc, .html, ,indd, .pdf, .eps, etc. graphics file formats). Please note that this does not include original source files (such as .psd, .ai, .c4d, etc.) which is the intellectual property of azure77.
Ownership: You, the client, have ownership of the final approved design once final payment has been provided. azure77 retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives azure77 permission to use client’s official name, business address, and/or website address, for testimonial purposes on our website, or other business related media. The client understands that it is the client’s responsibility to copyright any designs provided (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm) approval.
Payments: In return for creative services, the client agrees to pay the total fees associated to services rendered. A minimum 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered unless otherwise specified by azure77. The client understands that the final designs, concepts and ideas belongs to azure77 until paid in full. In the event of termination of this Agreement, azure77 owns any design work or marketing concepts and has the right to complete, exhibit, and/or sell the design (not including business name) or marketing concepts/strategies. Furthermore, azure77 owns all design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the design and that azure77 reserves the right to display the logo for business promotional use.
All invoices are due on receipt of the invoice. azure77 may impose a late fee on any payments received after 15 calendar days of $50 or 5% of the invoice (whichever is greater). After 30 days azure77 may assess interest equal to two (2)% of the unpaid balance for each month or any portion of any month the balance remains. Interest accrues retroactively from the due date. If the client has not paid an invoice for more than 90 days, the company may refer collection of the unpaid amount to an attorney or collections agency. If the client’s unpaid invoices are referred to an attorney or collections agency, the client shall pay all reasonable attorney’s fees or collections agency fees in addition to the late fee and accrued interest.
Project Delays: Any project extending past 30 days from initiation will be billed for services rendered to that point. The client will also be placed on a reoccuring monthly payment retainer until project completion.
Business Delays: Illness, injury, or other events beyond azure77 control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, azure77 fails to complete the design or marketing services within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, azure77 shall retain the deposit. It is the responsibility of the client to meet deadlines set forth and agreed upon by both the client and azure77 for deliverables to be provided by the client. Delays on behalf of clients can not be used to terminate contract to recoup payments or deposits.
Performance Liability: azure77 does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the design is with client. In no event will azure77 be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of designs, even if azure77 has been advised of the possibility of such damages.
Copyrights and Trademarks: The client represents to azure77 and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to azure77 for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend azure77 from any claim or suit arising from the use of such elements furnished by the client.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreements. Should you have any questions or concerns regarding these terms, please contact us before advising us of your acceptance.
By submitting a deposit or payment to begin services, you consent to the terms of this contract on behalf of yourself, and/or your organization/business.
Updated 09/09/19.