Terms & Conditions

I. DEFINITIONS

As used herein and throughout this Agreement:

“Agreement” means the entire content of this Basic Terms and Conditions document, the Proposal document(s), and any other supplements designated below.

“Parties Involved.” This Agreement is entered into between the person or entities as outlined in the Project Proposal, “CLIENT,” and Andrea Shepherd. Outside or third parties will be referred to as such.

“Project” refers to the Service and scope of service as agreed upon on the Product Page and form submitted at checkout.

“Deliverables” means the service and work products specified in the Product Page to be delivered by Andrea Shepherd to CLIENT, in the form and media specified on the Product Page, and on the date specified in email correspondence.

“Fees.” Any monies due or incurred in consideration of the Services to be performed by Andrea Shepherd as communicated through email.

“Errors” refers to any spelling or grammatical error in the copy of the Project, as well as flaws in the design such as but not limited to, copy inaccuracies, color inaccuracies, overlap of elements, poor cropping, inaccurate placement of elements, etc. Omissions are also counted as Errors.

“Confidential Information” means any information that either CLIENT or Andrea Shepherd wishes to remain confidential, such as but not limited to, trade secrets, personal information, and passwords.

“Revision” and a “Round of Revision” means a one-time editing session or proof done by Andrea Shepherd; i.e., a text change and a photo edit requested at a single time (rather than separately) counts as one round of revisions. Likewise, the opposite is also true: a text change requested at a certain time followed by a photo edit request later constitutes as two rounds of revisions. It is CLIENT’s responsibility to note all changes or edits before requesting them to consolidate Revisions.

II. TERMS OF AGREEMENT

By working with Andrea Shepherd, CLIENT enters into this Agreement, and agrees to the terms of this Agreement. CLIENT acknowledges that this is a binding contract.

III. COST QUOTE, AGREEMENT TO PAY, and CHANGES TO SCOPE OF WORK

Once CLIENT has agreed to the terms and conditions of the prices set in the store, CLIENT agrees also to pay that amount in full. Additional draft rounds thereafter are excluded from the set price and will be subject to additional charges. CLIENT is responsible for all fees required by third parties.

CLIENT may cancel Project at any time for any reason, but is subject to a Cancellation Fee in the amount of 50% of the total Project Estimate. CLIENT agrees that early termination of the Project doesn’t negate their responsibilities for paying all monies due, unless expressly agreed upon in other documentation that Andrea Shepherd agrees to beforehand. Additionally, once the design is completed in your account, regardless of whether or not the Project is used, CLIENT shall make no demands for a refund. Andrea Shepherd has the right to cancel the Project at any time for any reason, but will offer CLIENT either a) a full refund, or b) a partial refund.

Revisions or CLIENT’s alterations to the Scope of work shall obligate CLIENT to additional fees and costs. These may include but are not limited to: changes made to copy after the final copy has been submitted; changes made to the design once layouts have been approved; extensive alterations; retrieving and sending files; photo editing; copywriting; communicating with third Parties; a change in marketing objectives on the part of CLIENT and new work requested by CLIENT after the execution of the Agreement.

Change orders will be prepared by Andrea Shepherd and provided to CLIENT outlining the changes to the Scope of work, and any additional costs for those changes. CLIENT agrees to pay Andrea Shepherd additional fees and costs for said revisions or alterations at Andrea Shepherd’s current hourly rate. If Andrea Shepherd is unable to meet the delivery schedule set forth in the Agreement due to delays by CLIENT or changes requested by CLIENT in the Scope of work, Andrea Shepherd may, at her discretion, revise the production schedule as necessary and provide for adjustments in the costs for the Project.

IV. ANDREA SHEPHERD RESPONSIBILITIES

Andrea Shepherd agrees to work diligently and honestly to provide CLIENT with the best possible service and end product. CLIENT will not be charged for an amount higher than the total original charge, with the exception of additional changes that go beyond the Project Proposal Scope. Andrea Shepherd agrees to see Project through to completion, on time, and ensuring that the finished Project meets or exceeds CLIENT’s expectations.

Andrea Shepherd will maintain a professional and ethical work approach, to accommodate meeting or communication with CLIENT as requested, and to provide work in progress, samples, mock-ups, and completed work on a timely basis. Andrea Shepherd agrees to be reachable and return emails or calls in a timely fashion (within one [1] business day), unless unforeseen circumstances or other plans have been communicated with CLIENT.

V. CLIENT RESPONSIBILITIES

CLIENT agrees to accommodate meeting or communication with Andrea Shepherd as requested, and to provide as much information to the best of their abilities as possible throughout Project. CLIENT understands that, unless specified in the form, that all materials given to Andrea Shepherd must be ready for implementation; any such materials needed for Project must also be provided according to schedule. CLIENT agrees to be reachable and to return emails or calls in a timely fashion (within two [2] business days), unless unforeseen circumstances or other plans have been communicated with Andrea Shepherd.

CLIENT acknowledges and agrees that any work that falls outside of the Project’s scope will a) incur new charges billed by the hour, and/or b) require a new Project, and/or c) require a new and adjusted time frame.

Additionally, CLIENT agrees that Andrea Shepherd’s ability to meet any and all schedules is entirely dependent upon CLIENT’s prompt provision of materials, instruction, approvals, etc. pursuant of the Project. Further, any delays or changes to the Project may delay delivery of Project Deliverables. Any such delay caused directly or indirectly by CLIENT shall not constitute a breach of any term, condition or Andrea Shepherd’s obligations under this Agreement, nor will Andrea Shepherd be held financially or otherwise responsible in said instance.

VI. ACCREDITATION, PROMOTION, and COPIES OF WORK

At Andrea Shepherd’s discretion, all displays and/or publications of the Deliverables shall bear accreditation and/or copyright notice in Andrea Shepherd’s name, in the form, size and location as incorporated by Andrea Shepherd in the Deliverables, or as otherwise directed by Andrea Shepherd. Andrea Shepherd retains the right to reproduce, publish and display the Deliverables in Andrea Shepherd’s portfolios and websites or other media for the purposes of recognition of creative excellence or self-promotion, and to be credited with the authorship of the Deliverables in connection with such uses. Either party may describe its role in relation to the Project and, if applicable, the services provided to the other party on its website and in other promotional materials. CLIENT also agrees, at Andrea Shepherd’s request, to provide Andrea Shepherd with at least five (5) copies of any final printed work for such promotional use.

Andrea Shepherd agrees not to promote or showcase any finished work until it has been publicly published or otherwise made available to the public.

VII. INTELLECTUAL PROPERTY

According to U.S. copyright laws, Andrea Shepherd automatically reserves and owns all rights to any and all intellectual property created or designed throughout the Project. CLIENT may not modify, copy or share the Project. CLIENT may opt to purchase the native files or the rights to Andrea Shepherd’s intellectual property at Andrea Shepherd’s discretion, for an additional fee.

VIII. NON-EXCLUSIVITY

The Parties express acknowledgement that this Agreement does not create an exclusive relationship between the Parties. CLIENT is free to engage others to perform services of the same or similar nature to those provided by Andrea Shepherd after the project is completed. Bringing another design firm or designer into the project while it is still in production is in violation of this contract, and the project will be immediately terminated and all monies due must be paid. Andrea Shepherd shall be entitled to offer and provide design services to others, solicit other CLIENTs, and otherwise advertise services offered by Andrea Shepherd, including but not limited to, entities of the same or similar industry as CLIENT.

IX. CONFIDENTIALITY

Each Party acknowledges that in connection with this Agreement they may receive certain confidential or proprietary technical and business information and materials of the other Party. Each Party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as is necessary to perform its obligations under the Project, except as may be required by court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving Party, or is properly received by a third party without an obligation of confidentiality.

In the event of a Confidentiality/Non-Disclosure Agreement, it shall be limited in its scope, and must end by a set date once the project is complete.

X. ERRORS and OMISSIONS

Andrea Shepherd agrees to do all work in a professional manner, to pay attention to detail, and to correct any errors as they become apparent. However, Andrea Shepherd and CLIENT understands that the responsibility of submitting error-free work rests solely on CLIENT in the form of carefully proofing and signing off on all work delivered to CLIENT by Andrea Shepherd. Once CLIENT agrees to final proof(s) provided by Andrea Shepherd, CLIENT acknowledges that Andrea Shepherd will not be held responsible, financially or otherwise, for any errors or omissions found thereafter. Therefore, CLIENT understands and agrees to their responsibility to carefully proof their Project before it goes to Print or goes live, whichever is applicable according to the Project.

XI. PROJECT COMPLETION

Andrea Shepherd will provide CLIENT with a Project Proposal that outlines specific timelines and milestone completion dates. Andrea Shepherd and CLIENT agree to reasonably keep to the schedule as outlined in the Proposal, notwithstanding changes requested by CLIENT or unforeseen circumstances. If CLIENT delays the project without warning or explanation and breaks off communication, CLIENT is still liable for any outstanding balances. Further, Andrea Shepherd holds the right to terminate the Project after thirty (30) days of no communication.

Once Project Deliverables are submitted, and once CLIENT has paid the remaining balance to Andrea Shepherd, this Agreement is fulfilled. Any additional or new work requested by CLIENT will require a new Agreement and Project, of which participation by either party will be non-compulsory.

XII. COMPULSORY PROJECT COMPLETION

In the event that no project progress has been made for thirty (30) calendar days, and CLIENT does not acknowledge or return communication with Andrea Shepherd, the Project shall then be deemed complete and the CLIENT will be billed for the remaining balance.

If the Project continues on past one (1) year past its starting date with no progress, the Project may be canceled or marked as complete, and the total Project cost will be due, along with any outstanding balances.

XIII. SEVERABILTY

If any provision of this Agreement shall be deemed void in whole or in part for any reason whatsoever, the remaining provisions shall remain in full force and effect.

By agreeing to these Terms and Conditions, CLIENT acknowledges that they have read and understood the terms described here in this Service Terms Agreement, and that they agree to follow them as outlined.

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