Terms of Service & Studio Policies
These Terms of Service were created to help our clients understand how we work and what to expect when working with us (and most other branding design companies). If you have any questions please contact us by phone or email: firstname.lastname@example.org.
1) Our Estimate vs Your Budget - We can usually work within any Client’s budget, as long as it does not compromise our quality standards. Given the goals of the Client, these estimated fees are budget recommendations only. Budgets can be increased or decreased by the Client depending on the Client’s standards, time restraints, and/or budget restraints, as long as both parties agree before each project begins.
2) Estimate Accuracy - The expenses shown are estimates only. Final fees and expenses shall be shown when final invoice is rendered. Client will be billed a minimum of $95 per hour for every hour incurred to complete each project. The Client shall be notified as soon as possible in the event that the originally agreed upon budget will not cover said expenses. At which time the Client’s approval shall be obtained for any necessary increase.
3) Payment expectations - Once the budget has been agreed upon and approved, the Client shall pre-pay on projects under $1,500. For projects over $1,500, the client shall pay one-half of the design fee before Relevant Studios begins the project. After completion of the project and receipt of the final payment the complete deliverables will be submitted to the client.
Late Fees - Late payments will be subject to a 5% late fee which will be applied to your next invoice.
4) Time-lines - All time-lines are dependant on Client response time and meeting availability. We reserve the right to reallocate time within the categories as needed to complete your project most effectively for the total design fee stated.
5) Approvals & Roles - We try to involve our Clients in most of the decisions regarding any given project, however, we do reserve the right to make decisions and recommendations within our expertise to expedite the project within the original scope and goals and in keeping our Client’s best interests in mind.
6) Alterations and Added Scope - Any changes that are requested after the Client has approved a project (or project phase) are not included in the original budget and will be billed additionally. All alterations to the scope of work will be re-estimated and a change order will be signed by the Client to establish the revised budget.
7) Time of Payment
Final payment is due within fifteen (15) days of receipt of invoice or before digital files are released. A 5% monthly service charge will be billed for late payment.
8) Default of Payment - The Client shall assume responsibility for all collection and legal fees necessitated by default in payment.
9) Grant of Rights - The grant of rights is conditioned on receipt of full payment.
10) Changes - The Client shall be responsible for making additional payments for changes requested by the Client in the original assignment. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Artist the first opportunity to make any changes.
11) Expenses - The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance up to 50% of the total estimated cost to Relevant Studios for payment of said expenses. Alternate payment schedule will be agreed upon and implemented when Invoices are rendered.
12) Cancellation (kill fee) - In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Artist, and a minimum twenty (20%) percent cancellation fee, based on contract price and expenses already incurred, and hourly rate of work completed to date, shall be paid by the Client.
13) Credit Lines - On any contribution for magazine or book use, the Artist shall receive name credit in print and online. If name credit is to be given with other types of use it must be specified here:
Website Design [with link], Catalog Brochure (Negotiable)
14) Releases - The Client shall indemnify Relevant Studios against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses which exceed authority granted by a release.
15) Modifications - Modification of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
16) Code of Fair Practice - The Client and the Designer agree to comply with the provisions of the Code of Fair Practice, a copy of which may be obtained from the Joint Ethics Committee, PO Box 179, Grand Central Station, New York, NY 10017.
17) Warranty of Originality - The Designer warrants and represents that, to the best of his or her knowledge, the work assigned hereunder is original and has not been previously published. The Client will hold the Designer harmless for all liability causes by the Client’s use of the Designer’s product to the extent that it infringes on the rights of others.
18) Arbitration - Any disputes in excess of $2,000 arising out of this agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgement upon it may be entered upon it in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award or judgement in favor of the Designer.
19) Intellectual Property - All of the information (including this document), and any designs, concepts, or ideas disclosed by the Company are the sole intellectual property of Relevant Studios and it’s affiliates, vendors, associates, or respective copyright or intellectual property owners. Recipient also understands that use of such property (in whole or in part), “borrowing ideas”, or the creation of information, designs, concepts, or ideas based on creative work authored by Relevant Studios without compensation, or without written consent, constitutes infringement on such rights and is punishable by law. Recipient agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party. Thank you.