Terms and Conditions
Graphic Design/Apparel
This agreement (the “Agreement”) by and between YOU (the “Client”)and Leslie Thompson, the “Designer.” In consideration of the mutual agreement made herein, both parties agree as follows:
Work: The Designer agrees to produce project materials (the “Work”) at the request of the client for fees agreed upon in advance and delivery of the Work by an agreed-upon deadline. Designer agrees that she will be the author of the Work, and will cooperate with Client in editing (up to 3 revisions, additional revisions will cost extra) and otherwise reviewing the Work prior to completion and launch.
Confidentiality: Designer acknowledges that she may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Designer has permission and CAN display materials and final work created for Client on the Designer’s website and social media for marketing purposes.
Compensation: Client agrees to pay Designer 50% of the total project cost BEFORE any services are provided, and the remaining 50% is to be paid BEFORE any workable files are delivered/printed.If the designer is unsuccessful with a design that is agreed upon by the client, the designer will refund 25% of the deposit amount. The other 75% is understood as non-refundable. (The deposit is acquired to compensate the designer for her time and effort). The client has a maximum of 3 revisions included, additional revisions are extra. If the parameters of the work change, or if it involves more time than estimated, Designer will inform Client of change and will discuss any issues and additional charges. The designer is responsible for the payment of all federal, state, and/or local taxes with respect to the services she performs for the client as an independent contractor. The Client will not treat Designer as an employee for any purpose.
Client Approval: Upon acceptance of mockups/proofs of the Work, Client accepts full responsibility for any further processes or changes in which this work is used. The designer is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.
Apparel and Printed Goods: Once designs are approved both by the client and designer various options to print may be utilized. The designs of printed items will be shared with the client for approval via the T M Graphics showroom or proposal packet. Once the design is approved via the client, and the full balance is paid, the items will go to print. The usual allowed production time is 10 to 14 business days from the date of order, but this can be expedited via express order and rush printing for an additional shipping/ print fee. (For apparel and multiple signage orders, The client may request a sample item for an additional fee. It is understood that the client will have to wait up to 10 business days to receive the sample.) Once the design is approved and goes to print, this CAN NOT BE STOPPED. Any errors or desired changes that veer from the original agreement will result in starting over and paying for the job again. By not getting a printed sample prior to printing, you are trusting in good faith that the end product will be duplicated accurately with the available inks available, it is understood that some inks may vary slightly if different printing processes are used.
Cancellation: Both parties understand that Client or Designer may terminate the service at any time if, for any reason, or if 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 Designer. A down payment is non-refundable, down payment is required to compensate the Designer for time incurred while creating designs for the items requested. Should the 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.
Excommunication of Accounts/ Work: TM Graphics is an equal opportunity, non-biased company. We will accept jobs with everyone regardless of gender, ethnicity, religion, or orientation. TM Graphics will not condone any hateful, bigoted, antagonistic actions or remarks whether to staff or to be printed on items. Using slurs or any type of judgemental antagonistic speech, vocabulary, descriptions will have the client(s) account suspended immediately. Items that have been paid for will be completed and rendered to the client to fulfill the order and no new orders will be taken. Items that have not been paid for will be suspended. If a deposit for work was taken for design etc., it is non-refundable if design work has already begun. If it has not begun, depending on the booking terms and consultation fees, some or possibly all monies may be refunded. This will be at the discretion of the designer.
Acceptance of Terms: Client promises to pay for the services rendered by Leslie Thompson for the Work as agreed upon. By paying the invoice (down payment and final payment), Client agrees they have read, understood, and is considered bonded to these terms.
Extra Fees: Once Invoice is generated by the request of the client, payment is expected no later than 72 hours. Failure to complete payment within this time may result in late fees occurring the 73rd hour of delinquency in the amount $25. If nonpayment persists you will be billed $25 per month until the balance is paid in full. The fee covers usage of memory and materials being held to complete your request. By establishing non-compliance, these things are being held in stasis until complete.