Standard Conditions of Agreement

 

ESTIMATE

Estimates are provided for client’s budgeting convenience and, since estimates of a creative project are difficult to anticipate, this estimate should not be construed as a firm quotation. 

REVISIONS

In the event that there are client revisions to the specified task, every effort will be made to keep the client apprised of additional costs. Revision time will be billed at an hourly rate up to $150.00. Expedited work (work needed in less than 5 business days) will be billed at time and a half (up to $225 an hour).

ADDITIONAL COSTS

Outside costs, such as printing, copywriting and photography, are estimated to the best of our ability. They are estimated at actual cost plus a 15% handling fee. 

SALES TAX

All applicable sales tax will be paid by the client. Out of state and out of country projects are tax-exempt. 

INTELLECTUAL PROPERTY

In the event that several solutions are being submitted, the solution selected by the client for production becomes the purchaser’s property subject to conditions below. All other design solutions in all forms remain the property of Circa Design.

All conceptual presentations are developed with the understanding that the final work will be executed by Circa Design.

Electronic mechanical art and illustration will remain the property of Circa Design unless specifically negotiated at the time of agreement. Circa Design will be responsible for storage of this artwork for three years. Unless specifically indicated otherwise, all files will be created in software versions and with fonts for MAC systems.

COPYRIGHT

Copyright on all original designs remains the property of Circa Design until completion of the contract (including implementation per these conditions) and full payment of all related fees.

Unless otherwise stated, all original (non-royalty-free) illustration and photography is purchased for one time use only and entitles the client to reproduction rights for the specific project on which the price was negotiated. Re-use, adaptation, or extended use will require additional compensation based on the market value of additional usage. 

COPY

Circa Design is not responsible for proofreading copy or other materials supplied by the client. Circa Design will make every effort to ensure correct spelling, punctuation, but the client is ultimately responsible for final approval of all copy.

BILLING

Projects placed on hold for more than 30 days will automatically be billed for work completed and are subject to termination and revised estimate if kept on hold for 60 days.

PAST DUE ACCOUNTS

Payment is due by invoice due date.  A 1.5% monthly service charge will be included on past due accounts.

CIRCA DESIGN PROMOTION

Use of designs for Circa Design’s promotion is permitted, including submission to design competitions and publications. 

TERMINATION

Client has the right to terminate the agreement in writing. In the event of termination, Circa Design will be paid for all expenses incurred on all fees for work done up to date of termination. All concepts and work produced up to date of termination remain the property of Circa Design. 

LEGAL ACTION

In the event of a legal action to enforce any provision of this agreement the prevailing party shall be entitled to receive reasonable attorney’s fees and costs. Prior to court proceedings however, either party may submit a dispute to binding arbitration before the American Arbitration Association in Nashville, Tennessee.

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