Terms

Our mission is to conceptualize your vision and deliver professional and creative products that distinguish themselves, make a statement and elevate you to the next level. Although we operate primarily online, we pride ourselves in our superior customer service and give our clients the one-on-one communication they deserve. We are not satisfied with mediocrity and don’t expect our clients to settle for it either. We aim for the WOW Factor.

TERMS + CONDITIONS

Materials & Information
Client will provide all content, outlines, photos, project images, and descriptions necessary for any special projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Service Provider to perform or complete the agreed services or project.

Delivery
Completed projects are available for pick up during Office hours or items may be delivered via US Mail, or other means as required by the Client. Client is responsible and will be billed for all shipping and handling costs.

Client Approval Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. Service Provider is not responsible for errors or omissions.

Estimated Cost
This estimate is based on completing the design items within the estimated number of design hours. However, the total order price may increase as a result of additional design hours required or additional costs related to printing, materials, shipping and/or delivery. Any changes to the total order price will be communicated prior to the final approval and invoicing of your design items.

Revisions/Author Alterations
AA’s represent work performed in addition to the original specifications. Such additional work shall be invoiced on an hourly basis. No additional payment shall be made for changes required to conform to the original assignment description.

Copyrights & Licensing
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you have permission to use them.

Then, when your final payment has cleared, copyright will be automatically assigned as follows:

We will own the visual elements that we create for this project. We will give you the source files and finished files and you should keep them somewhere safe as we are not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.

We will own the unique combination of these elements that constitutes a complete design and we will license that to you, exclusively and in perpetuity, unless we agree otherwise. We can provide a separate estimate for that. However, Client, will not have the right to authorship credit, modification, and resell, which is retained by Service Provider.

We love to show off our work and share what we have done with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books. We understand that some projects may require they remain private for a certain period of time before the public may view them, and we will always respect those time frames.

Indemnification/Release of Liability
Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Service Provider is not limited to any acts or omissions, statements or representations made by Service Provider in the performance and/or nonperformance of Service Provider’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. All reasonable precautions will be taken to safeguard the property entrusted to Service Provider. In the absence of negligence, however, Service Provider will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.

Payments
A retainer deposit of 50% is required in order to process a design order. The remaining balance due must be paid in full before receiving your completed design items. Upon receipt all design items will be sent within 24 hours. Payments may be made via PayPal, Credit Card or Check.

Checks should be made payable to:

Diona Nicole Design Studio, LLC
150 Monument Road, Suite 207, PMB# 0038
Bala Cynwyd, Pennsylvania 19004

NSF Fees
There is a $50 NSF (insufficient funds) fee for returned checks. Late Payments Payments not received by due date will result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid. Monthly late charges of $18 will be assessed on unpaid balances every 30 (thirty) days.

Cancellation
Both parties understand that Client or Service Provider may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Service Provider. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Designer retains ownership of all copyrights and original work created.

Lien
All materials or property belonging to Client, as well as work performed, may be retained as security until all just claims against Client are satisfied.

Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Service Provider as sender and Client as recipient will acknowledge acceptance of these terms through acceptance of online estimate at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.

Let’s Make Something Great
I look forward to the opportunity of working with you. Please call me if you would like to discuss anything contained in this document.


Award winning creative agency

We are building for tomorrow because tomorrow is the future and we want to make a contribution to the wonderful digital age that is awaiting us.

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