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LEGAL CONDITIONS

*All projects and/or services that Fourth Cup Print and Web Design may be contracted to produce or provide are subject to the following:

Working/billing phases—Based on my experience with long-term design projects, I’ve found that it’s beneficial to handle each project in logical working/billing phases. Concept revisions, extensive alterations, or a switch in marketing direction sometimes makes it impossible to accurately estimate in advance the total cost of a design. Planning the work, cost estimating, and even billing in several phases permits my clients and I to adjust or suspend work before completion if a project is to be postponed or canceled. Any canceled design is billed only the portions of the design that was actually completed. For each design, my clients will receive a contract outlining the project details and scope. This contract will also contain a project estimate, which includes fees for professional services and itemized costs for anticipated out-of-pocket expenses that may occur. The design process begins upon approval of the submitted contract. A client approval (written or digital) will constitute an agreement between myself and the client.

Payment/estimates—All clients must pay in accordance with the terms specificed in each contract. Clients are required to pay, nonrefundable, 50% of the estimated design cost before work begins. Unless otherwise specified, all subsequent balances due are payable upon final approval. Interest on past due balances is 18% per annum or 1.5% per month. I also reserve the right to refuse completion or delivery of work until past due balances are paid. In addition, client-requested changes will be billed as required. Clients are notified of any billing changes.

Out-of-pocket expenses—Fees for my design services do not include outside purchases such as, but not limited to, printing, photography, illustrations, color proofs, separations, Web hosting, mailing, shipping or courier service. Expenses are itemized on each invoice. All expenses may be subject to Kansas sales tax. If consultant or supervisory services are required in out-of-town locations, all expenses (lodgings, meals and transportation) will be billed at cost. Reimburstment for mileage is calculated at current allowable rates.

Revisions and alterations—Any additional design work requested by clients after a contract has been approved is considered a revision or alteration. If the project changes to an extent that substantially alters the specifications described in the original contract, I will submit a revised contract that includes an additional fee of $150.00 per revision.

Overtime—Contract deadlines are based on a reasonable time schedule, and may be revised to take into consideration “priority scheduling” requests that may require overtime and/or weekends. In addition, please factor in that outside suppliers such as service bureaus may charge a 100% to 200% markup on overtime after 5:30 p.m. and weekends.

Nature of copy—All clients agree to exercise due diligence in its direction regarding preparation of materials and must be able to substantiate all claims and representations. Clients are solely responsible for all trademark, servicemark, copyright and patent infringement clearances. All clients are also responsible for arranging, prior to publication, any necessary legal clearance of the designs received from Fourth Cup.

Errors and omissions—All clients are responsible for checking any proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. I am not liable for errors or omissions. Client signature or that of an authorized representative is required with all layouts and/or artwork prior to release for printing or other implementation.

Property and supplier’s performance—Fourth Cup will take all reasonable precautions to safeguard the property clients entrust to me. I cannot however, be responsible for loss, destruction or damage or unauthorized use by others of such property. I will use my best efforts to ensure quality and timely delivery of all printed and/or digital pieces. Fourth Cup is not responsible for failure or loss on part of third-party vendors, media, or others to perform in accordance with their commitments. If at all possible, I will attempt to do so, but I cannot in any way be held responsible for poor quality, price, performance or delivery.

Telecommunications—Clients shall pay for all transmission charges. Fourth Cup is not responsible for any errors, omissions or extra costs resulting from faults in cable, satellite network or from incompatibility between the sending and receiving equipment.

*Note: This may include incompatibility between software programs as well.

Inspection of books—All invoices from Fourth Cup  and other documentation relating to the client’s account is available. Inspection via PDF document(s) by an authorized representative may be arranged upon reasonable notice.

Fourth Cup Print and Web Design