Terms & Conditions
SERVICE TERMS AGREEMENT
Updated February 1, 2014
As used herein and throughout this Agreement:
2. “Designer” refers to InkWrap.com.
3. “Client” refers to any person or entities entering into Agreement with the Designer.
4. “Project” refers to the service provided by the Designer for the Client. It includes, but is not limited to, the Quote, Order, Proof, and Final Product.
5. “Quote” refers to any verbal or written price provided by Designer to Client based upon the Project. This Quote is valid based upon the original agreement of terms. The Quote is subject to change with any changes to the Project.
6. “Order” refers to the Project after a 50% deposit has been taken. No work shall be done on a Project until this point.
7. “Proof” refers to an emailed or printed example of the expected outcome of the Project. This requires the Clients approval before production.
8. “Errors” refers to any spelling or grammatical error in the copy of the Project, including flaws in the design like, but not limited to, copy mistakes, cropping mistakes, placement mistakes, etc. Omissions are also counted as Errors.
9. “Confidential Information” means any information that either the Client or Designer wishes to remain confidential, such as but not limited to, trade secrets, personal information, and passwords.
II. PROJECT PROCESS
II.A. Idea Phase. The Idea Phase includes beginning idea formation, surveys, and photo gathering. At this point there is no financial agreement between the Client and Designer. The Client is able to void the Project at this point without any fees.
II.B. Quoting Phase. After the Idea Phase the Designer will generate a Quote for the Client. This Quote is either emailed, verbally delivered, or printed for the Client. The Client is able to void the Project at this point without any fees.
II.C. Ordering Phase. After the Quoting Phase is completed and the Client agrees to the Quote price, the Project moves to the Ordering Phase. There is a mandatory 50% deposit (variations based on individual needs) needed in order to move the Project from the Quoting Phase to the Ordering Phase. The deposit is non-refundable and will be used to start the artwork process.
II.D. Design Phase. After the Ordering Phase, the Project moves to the Design Phase. The Design Phase is where the Designer and Client begin the creative process. This includes Proofs that are sent to the Client and ends when there is an approval.
II.E. Production and Install Phase. After the Design Phase ends in an approved Proof, the Project moves to the Production and Install Phase. The Production and Install Phase includes, but is not limited to, printing, assembling, installing, and shipping.
II.F. Delivery Phase. After the Production and Install Phase the Project is finalized and is ready for pickup. Before pickup, the remaining balance on the account is collected (unless otherwise discussed with the Designer).
III. DESIGNER RESPONSIBILITIES
The Designer agrees to provide the highest quality of service and assistance. The Client will not be charged any more than stated in the Quote unless there is a change in the scope of the Project as stated in the Client Responsibilities.
IV. CLIENT RESPONSIBILITIES
The Client agrees to provide all the information to the Designer as to the scope of the Project. Client acknowledges and agrees that any work that falls outside of the Project’s scope will a) incur new charge on the invoice and/or b) require a new Project and/or c) require a new and adjusted timeframe. The Client agrees that the Designer’s ability to meet any and all schedules is entirely dependent upon the Client’s provision of artwork, approvals, etc. as stated in the Project. Any delays caused directly or indirectly by Client will not void the Project, and the Designer will not be held financially or otherwise responsible in said instance.
V. PROMOTION AND CREDIT
Designer retains the right to reproduce, publish and display Final Products in the Designer’s portfolios and websites or other media for the purposes of self-promotion and credit. Designer agrees not to promote any finished work until the Client approves and makes it publicly available.
VI. INTELLECTUAL PROPERTY
Per U.S. copyright laws, the Designer automatically reserves and owns all rights to any and all intellectual property created or designed throughout the Project. The Client is able to use all artwork created during a Project for their own needs, with agreement from the Designer.
The Client and Designer acknowledge that the Agreement does not create an exclusive relationship. The Client is free to engage other Designers for their creative needs. The Designer is entitled to provide services, including but not limited to, entities of the same or similar industry as the Client.
Both the Client and the Designer acknowledge that with this Agreement they may receive confidential, proprietary technical, and business information and materials. The Client and the Designer shall not disclose Confidential Information to any third party, and will not use any Confidential Information except as is necessary to complete the Project, except as may be required by court or governmental authority.
IX. ERRORS and OMISSIONS
The Designer agrees to preform their work professional manner. However, the Designer and the Client understand that the responsibility of the Project being error free rests solely on the Client. Once the Client approves the Proof provided by Designer, the Client acknowledges that the Designer will not be held responsible, financially or otherwise, for any errors or omissions found after the Production and Install Phase.
X. PROJECT COMPLETION
The Project is completed once the finalized product is delivered to the Client either by, but not limited to, being picked-up, installed, delivered, or emailed. The delivery is dependent on the scope of the Project.
XI. COMPULSORY PROJECT COMPLETION
In the event that the Project cannot be paid for, completed, or Client does not acknowledge or return communication with the Designer, the Project will be considered complete. If the Project is in the Ordering Phase, the deposit will be considered the payment for the Project. If the Project is in the Production and Install Phase, the Client will be responsible to pay the remaining bill.
XII. RETURN POLICY
There is no return policy for Projects. In the unforeseen event taking place in which the Client no longer needs the Project, during the beginning of the Design Phase, the deposit will be considered credit to their account and can be used at a later date for the same Project or something different. If the Client chooses to not go through during the Production and Install Phase, the deposit will be considered payment for the Design Phase, and NO credit will be given.
XIII. WEB ORDERS
When the Client orders a Project through InkWrap.com web store they are purchasing the deposit for the project. This price is subject to change depending on the full scope of the Project. The Designer will contact the Client to further understand the Project and send them an adjusted Quote. If the Client decides to void the Project at this point, the Designer will refund their money.
Manufacture warranty for up to three (3) years. Subject to change without notice.
The Designer provides labor warranty for one (1) year, which includes, but not limited to, normal wear and tear, and adhesive malfunctions. There is no coverage for customer error, including but not limited to, scratches, peeling off, sun discoloration, and removal of material.
XV. PROJECT TIMEFRAME
Because of the nature of the custom Projects that are created by the Designer, there is a range of timeframes for completion. After purchase from the web store, the Client will be contacted by the Designer to discuss the scope of their Project, including but not limited to, adjustments to price, an estimated timeframe, and additional items that will be needed for Project completion. At this time, the Client is able discuss a rush, or to void their Project without any fees.