BASIC INFORMATION

The basis for our design fees is $75 / hour, plus any additional project requirements. A preliminary consultation is provided free of charge, additional consults are billed at the standard hourly fee. A limited number of projects are accepted per scheduling and availability. Project deposits are non-refundable and non-transferable. Projects are considered abandoned if there is no additional contact from client within 30 days. Projects that are abandoned or terminated prior to completion are subject to a $50 termination fee, plus any fees due for work completed. Projects may be terminated for late or non-payment. Terminated projects may be reinstated with a $50 fee plus new deposit. PurpleTree Graphics reserves the right to refuse services, or terminate services for cause, including any action or inaction that interferes with the Designer’s ability to provide services.

The Client is responsible for verifying and proof-reading the content /copy of Web and Print projects, and for any necessary corrections or re-printing fees. Websites are published on a temporary site for viewing prior to final payment. Web access or service may be interrupted or terminated for non-payment. No rights or files will be provided to the Client without payment in full of the contracted amount.

Checks must be payable on the date written. Visa and Mastercard are accepted.

PRIVACY POLICY

Your information is important to us and we value your privacy. PurpleTree Graphics does not share client information with any third parties. We do not sell or disclose any of our client information other than that used by permission for our promotional materials. We implement security measures to ensure that this information is safe and secure.

SITE USAGE

The entire site and its’ contents are copyrighted and protected by national and worldwide copyright laws. All images, documents and scripts may not be copied, distributed or transmitted in any way without prior written consent from PurpleTree Graphics.

LINKED SITES

We may provide links to other sites that we have no control over the content or services that they may be providing. Your access to these links is at your own risk.

LIABILITY

PurpleTree Graphics is not responsible for hardware or software failures of any kind; lost or stolen information, lost or unavailable network connections, and/or garbled or delayed computer transmissions. Under no circumstances will PurpleTree Graphics be liable for any damages resulting from the use of this site, and/or images or links provided on this site. The content is provided “as is” and without warranties of any kind.

PUBLISHED PRICES

Limitations, exclusions and restrictions may apply to projects. Published Prices are subject to change without notice. Please Contact Us with your requirements for an accurate price quote.

For any questions or feedback regarding our terms and conditions, you may contact us at PurpleTreeGraphics@yahoo.com or call: 916.668.0318

DESIGN SERVICES CONTRACT TERMS

By requesting services as provided on the PurpleTree Graphics website and other written information, Clients shall be bound by the following provisions:

Service Statement:

PurpleTree Graphics hereafter noted as ‘Designer’, is an Independent Contractor for the specific project of developing print, brand or web work as described below. The Designer will perform his/her services to the best of their ability, within the scope of the agreement as provided herein. The Designer may use employees, third-party services, and / or consultants to complete the project as prescribed, and will oversee all work to confirm the standard of acceptance and completeness.

The basis for design service fees is $75.00 per hour, project components, and completion in a specified limited number of working days.

General Description & Scope of Work shall limit the project within the described project. Anything requested outside of that description or scope shall be additional in cost.

Conditions of Service:

The Designer assumes that the following conditions that the Client has read and understand the Scope and limitations of the project prior to commencement.

Exclusions for this project include anything outside of this written agreement.

Information to be provided by the Client:

The Client shall furnish to the Designer in a timely manner and in writing, all information that is required to produce the completed work including but not limited to: written and /or edited copy, content and layout requirements, logos, artwork, clips, drawings or photos to be considered; printing and file requirements, dimensions, number of pages, type of layout, theme, printing colors, paper stock, size of print run, colors, fonts, design examples, existing websites, sections and features of previous work, etc.

The Client shall supply the written copy in its’ completed, final version for the work. The Designer shall reserve the right to edit the copy for accuracy, grammar, acceptability and fit.

The Client shall be responsible for all copy and content. It shall be the responsibility of the Client to proof-read, verify, validate and correct all information prior to printing or uploading to a website.

 Artwork:

The Client may provide artwork and images for the work within the following standards:

Images for Print Work must be a minimum of 300 dpi and of the correct size. Digital photos must be clear quality, hi-resolution, 400 x 300 minimum size; 300dpi minimum, and thumb-nails must meet standards for use.

Images for Web Work must be a minimum of 72 dpi and of the correct size.

Digital photos must be clear quality, hi-resolution, 400 x 300 minimum size; 300dpi minimum, and thumb-nails must meet standards for use.

The Designer may provide a number of licensed purchased graphics for a project. All images are purchased as single-license for the finished work provided under the Contract and are not transferable to the Client for additional use without purchasing additional licenses for such use.

The Client represents and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Designer for inclusion in the Clients’ project are owned by the Client, or that the Client has permission or license from the rightful owner to use each of the elements; and will hold harmless, protect and defend the Designer, it’s employees, sub-contractors and consultants from any claim or suit arising from the use of such elements furnished by the Client.

Digital Photography:

Digital photography is additional to the design fees and billed separately. All Digital photography fees are based on required time for set-up and preparation, number of items, location and travel fees, rentals, props, model costs, shoot time, photo adjustments and cataloging. Rights and photo files may be purchased at additional cost. A written estimate based on the hourly fee will be provided.

Additional Fees:

Requests for changes, revisions or additions to the work outside of the project description or scope, or after completion will be billed at the standard hourly rate. Printing is additional to design services.

**Additional Consultation and Travel fees will be billed at the standard hourly rate.

Internet Authorization:

Website or web application is to be installed on the Client’s web space on a web hosting service server. The Client hereby authorizes the Designer the right to access this account, and to provide the Designer with “write permission” for the Client’s webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client authorizes that the Designer may publicize the completed website to Web search engines, directories and indexes. Web hosts must be a Linux/Unix system server for standard CGI software.

Electronic Commerce:

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the he/she/company is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend PurpleTree Graphics, the Designer, its’ employees, consultants and sub-contractors, from any claim, suit, penalty, tax or tariff arising from the Client’s exercise of Internet electronic commerce.

E-Commerce Sites:

The e-commerce section of the website shall be limited in scope to a number items and /or combination of items or services for sale. The Designer shall install up to 10 items provided for sale on the site, and will provide written or oral instructions for the Client’s use of content management and allow 30 days of free remote support.

The Client shall provide all information and payment for third-party services necessary for the implementation of an e-commerce website. This includes merchant services, payment gateways and connection modules. Additional coding fees may apply for installation. These costs are by third parties, outside of and additional to the design fees stated herein.

Content Management System (CMS):

The Designer uses a content management system (CMS) platform to allow for future upgrades and edits to the Client’s website, by the Client or Designer. The Designer is not responsible, nor liable for the Clients ability to learn, master, use, apply or remember the CMS system. Customer support after project completion is billed by the hour.

Payments:

*Deposits are retainers for service and are non-refundable. All Projects may be temporarily or permanently suspended for late or non-payment. Invoices shall be due and payable upon receipt. A Finance charge of 1.5% per month (18% annual) shall be applied to unpaid balances commencing within 30 days after date appearing on the invoice. Checks shall be payable on the date written. Returned checks will be charged a $75 service fee, plus bank fees, and any additional charges up to three times the amount of the check per state law.

Websites may be placed on a temporary viewing site until final payment is received. Website access may be suspended or terminated, and the site removed from the internet for non-payment.

Retention of Rights:

The Client shall be transferred the rights to the finished work by the Designer upon final payment in whole per the Contract. The Designer shall retain the rights to the separate art and files used in combination to produce such work and the original program files used to create the work. Rights to photos, purchased graphics or templates, source code, work-up files, CGI and other computer programs are specifically Not transferred to the Client, and remain the property of their respective owners.

The Client shall not grant, sell, or otherwise distribute the work by the Designer to any third party. Such lien shall be valid whether or not such material was in use by the Client at the time of distribution. The Designer will not grant, sell or otherwise distribute the work as provided and compensated in full by the Client, to any third party, with exception that the Designer shall have use of all work for self-promotion, education and inspiration purposes, and as revised by the Designer to be distinguished as different from the original work.

Liability:

The Designer shall not be liable for damages, delays or additional expenses resulting from failure of the Client to provide requested or required information, content, copy, artwork or services as scheduled; or due to requested /repeated revisions, changes or additions to the project scope, or non-payment; nor for computer, mechanical, or technical malfunction, nor for any such action or event beyond the control of the Designer.

The Designer shall not be held liable for the Clients’ failure to detect errors or omissions in the work, nor for the cost of corrective work.

The Designer shall be limited in liability to the amount of the Design Services Contract fee; (consultants fees, printing and incidental and/or additional fees are excluded). The Designer shall not be liable for any services, products or policies practiced by the Client or any third-party.

The Client shall indemnify and hold harmless, PurpleTree Graphics, the Designer, its’ employees, sub-contractors and / or consultants, from any and all liability and claims of third parties, including but not limited to the costs of Attorney’s fees, to the fullest extent as allowed by law.

The Designer shall not be liable for any services, products or policies practiced by the Client or any third-party.

The Designer does not warrant that the functions contained in the web pages, website or web application(s) will meet the Client’s requirements or that the operation of the web-page, website or web application(s) will be uninterrupted or error-free. The entire risk as to the quality and performance of the web-pages, website and web application(s) is with the Client. In no event will the Designer 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 operation of, or inability to operate the web-pages, website or web application(s), even if the Designer has been advised of the possibility of such damages.

Right of Refusal:

The Designer reserves the right to refuse, suspend or terminate services to any person or party, at any time. The Designer shall have the right to refuse artwork, photography, copy or other content which is seen as unacceptable, immoral, incorrect, or otherwise in bad taste.

Termination & Abandonment:

This agreement may be terminated by either party within (3) three working days after original signature by written notice, at no cost to either party. The Client may terminate this agreement upon (7) seven days written notice with payment in full of any outstanding and applicable fees. Upon termination the Designer shall provide the Client with an invoice of applicable fees which shall be due and payable upon receipt.

The Designer reserves the right to terminate services for any breach of this contract, including any action, or inaction, by the Client or client’s agents, which interfere with the Designer’s ability to perform services. If design services are terminated or abandoned prior to the Designer’s completion, the amount due shall be based upon the point of completion and any additional service hours or materials provided to the date of termination, with an additional $50.00 cancellation fee. Abandonment shall be defined as 30 days or more of non-communication by the Client. The Client shall not be entitled to the design materials or use of any portion thereof, without payment of the Contract amount in full. If the Client wishes to reinstate an abandoned or terminated project, there will be an additional $50 reinstatement fee, plus a new deposit.

Arbitration:

All questions in dispute arising under or related to this agreement, in excess of small claims court jurisdiction shall be subject to arbitration in accordance with the then current provisions of the arbitration procedure of the American Arbitration Association. No arbitration arising out of or relating to this agreement shall include, by consolidation, joinder, or in any other manner, any additional person not a party to this agreement. Notice of a demand for arbitration shall be filed in writing with the other party to this agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or matter in question would be barred by the applicable statute of limitations.

The Arbitration paragraph shall survive completion of and termination of this Contract.

Conditions:

This Contract Agreement is effective immediately and is not subject to conditions precedent, including any condition regarding financing or any other event. The Client represents that adequate financing has been arranged to pay for the work performed under this contract. Nothing in this agreement, whether expressed or implied, is intended to confer any rights or remedies under or by reason of this Contract, on any persons other than the parties to it and their respective successors and assigns. This agreement shall be construed in accordance with and governed by the laws of the State of California and shall be performed at Sacramento , California.

In case a provision of this agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

This Contract represents the entire agreement of the parties and supersedes all prior negotiations, representations or agreements. This agreement may not be amended or modified unless such amendment, modification or additional work requested by the Client is made in writing and signed by both the Client and Designer and attached to this agreement. Such amendment, modification or request for additional work shall be binding on the Client, unless objected to in writing, within (7) seven days after written confirmation of acceptance by the Designer.

The Client shall not assign, sublet or transfer an interest in this agreement without prior written consent by the Designer.

Copyright © 2012.  PurpleTreeGraphics.com