Terms & Conditions

Indemnity

The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.

Cancellation

The client may cancel a project at any time. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost. Recurring orders will continue for the term of the contract as stated and expire at the end of that term unless extended by the client in writing.

If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer. Cancellation fees apply.

Rights

All services provided by the designer shall be for the exclusive use of the client other than for the designer’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:

• Client to gain full transferable rights to brand identity.
• Client to gain full license to reproduce works through commercial printers.

All declined or cancelled work shall remain the exclusive property of HND and no use of same shall be made nor may ideas obtained therefrom be used, except on terms mutually agreed to by HND and the client.

Third party contracts

The designer may contract with other creative professionals to provide services such as web development, photography, and illustration. Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed.

Alterations

Estimates are only for work according to the original specifications. Costs incurred for client specified alterations to previously approved material, services or changes in technical specifications will be charged to the client at current rates for the work performed.

Rush

Estimates are based on straight time work. Costs incurred for overtime work caused by client’s failure to meet specific deadlines necessary to complete the work within the time specified shall be charged to the client at current overtime rates, over and above the price quoted therein.

Verbal Instructions

HND specifically disclaims any responsibility for following client directed verbal instructions. HND will accept liability only for written instructions delivered to HND.

Payments

All sums payable under this contract are payable at the HND address in Maryville, Blount County, Tennessee, and client waives the right to be sued in the county of his residence should such action be necessary. Furthermore, all sums payable are to be made in U.S. dollars with checks, drafts, etc., drawn on a U.S. bank. Any costs incurred by HND in collecting payments made in any other manner will be charged to the client.

Terms

All accounts not paid within specified due dates will be charged an interest penalty at the rate of 1.5% per month or an annual percentage of 18%. Client agrees to pay any attorney’s fees or other expenses, legal or otherwise, incurred in collection of monies on this order upon failure of client to pay as agreed.

Payment schedule

The client will make a 50 percent downpayment prior to work commencing. The project can be scheduled once the downpayment is received by the designer. The downpayment is non-refundable. The remaining 50 percent is payable to the designer upon completion of the project, and before original artwork is supplied to the client.