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TERMS AND CONDITIONS
OF SERVICES
1.
Pricing
1.1.
Quotes and fixed prices are valid
for 30 days from receiving said quote(s). After 30 days, prices
and specifications of services are
subject
to change without notice.
1.2. If
Client’s specification changes from the original specification
made for the original quote, Ebbtide Graphics reserves the
right to
vary the quote accordingly.
1.3. Meetings
and travel expenses are not included in a fixed quote but
charged separately.
2. Copyright
2.1. For
work undertaken, all intellectual property (copyright) is owned
by Ebbtide Graphics until any outstanding invoices have been
paid in full. Any usage of
copyrighted material created by Ebbtide Graphics before full
payment has been made is subject to
litigation. Any non final
artwork, including drafts, remain the copyright of Ebbtide
Graphics unless otherwise requested by Client
and agreed to by Ebbtide Graphics.
With full payment of any outstanding balances the copyright
ownership passes over to Client.
2.2. Unless
otherwise requested, Ebbtide Graphics may use any work created
for display in portfolios, either online or in print, for
showcase and advertising purposes.
2.3. Due
to the complexities of international copyright and trademark
law, Ebbtide Graphics will not be held liable should Client
infringe
on an already existing copyright,
trademark or service mark relating to the project name,
description or service.
3. Cancellation
3.1. All
projects undertaken are subject to a kill fee, which is 50% of
the original quote.
3.2. In
the event of a cancellation, all work created up to and
including that point will be owned by Ebbtide Graphics and may
not be
used by the party involved unless
full payment is received.
4. Completion
4.1. A
project shall be deemed complete after Client signs off the work
and indicates satisfaction either verbally or in writing.
If Client fails
to communicate with Ebbtide
Graphics for a period of more than 15 days without explanation,
the project shall be deemed
satisfactory and
complete.
5. Payment
5.1. Work
on any services starts upon payment of a 50% deposit of the
quoted costs. The deposit is not refundable and will in the
event of
cancellation be used as a killer
fee. By paying the deposit, Client agrees to Ebbtide Graphics’
Terms and Conditions.
5.2. The
remaining 50% of the quoted costs are due upon completion of the
project.
5.3. If
a projects lasts longer than one month to finish, Ebbtide
Graphics will invoice on a monthly basis after the initial
deposit.
5.4. Payment
is accepted via PayPal, Business Check, Personal Check, Money
Order, and Credit Card.
5.5. Any
insufficient funds or bounced checks will result in an
additional charge of $27 and project will be held until payment
has been
received.
5.6. Late
payments will be subject to a 5 percent increase on the total
cost of the project.
5.7.
Client waves all chargeback rights. Should a chargeback be put
in progress, Client is obligated to refund the chargeback
with any and all fees and charges in connection with the
chargeback. Additionally, any chargeback will be subject to a 10
percent
increase on the total chargeback amount.
5.8. Client
shall bear all costs, expenses, and reasonable attorney’s fees
in any action brought to recover payment under this contract.
6. Suspension
of Services
6.1. Ebb
Tide Graphics reserves the right to suspend or cancel services
in any event where Client fails to perform any or all
obligations
under this agreement.
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