Our desire is to completely satisfy the client. One way to do this is to make certain that we understand each other. These are the terms of our agreement together:
Time for Payment
Unless otherwise noted in writing, payment is due in two installments. The first installment is due upon acceptance of the Project Estimate, before design work begins. Final payment is due upon final project approval, before delivery or live upload of final materials. All invoices are payable upon receipt. A 0.8% monthly service charge is payable on all balances overdue by more than 30 days. PK1 Studios retains the rights to withhold delivery of final versions until full payment is received.
Estimates
The Client's approval shall be obtained for any increases in fees or expenses that exceed the Project Estimate by ten percent (10%) or more.
Billable Expenses
The Client shall reimburse PK1 Studios for all direct and indirect Billable Expenses arising from this assignment, regardless of whether the assignment is cancelled or terminated. Billable Expenses include but are not limited to costs of purchasing images, subcontracting talent, software or run-time license costs, the payment of any sales tax due on this assignment, any travel, research, postage and delivery, photocopying, and storage media expenses. The Client shall advance full cost of any Billable Expenses incurred during the design process.
Client's Alterations
There shall be no charges to the Client for revisions or corrections or additions made necessary by errors on the part of PK1 Studios. Any other changes, including design alterations, requested by the Client shall be considered Client's Alterations. A limited number of Client Alterations are included in the original Estimate. The Client shall be responsible for making additional payments at the rate of $35/hour for any Client's Alterations and any other changes in original assignment requested by the Client. These charges will be added to the final payment invoice.
Acceptance & Design Change Procedures
Within 14 calendar days of a proof delivery, the Client shall either accept the proof or provide PK1 Studios with written notice of any corrections to be made. A new design proof will be supplied no more than 7-10 days from receipt of written notice of corrections. If client does not respond within 14 calendar days of proof delivery, the project will be considered closed and final payment will be immediately due.
Cancellation
In the event of Cancellation of this assignment by the Client, any deposits or payments made prior to cancellation shall be retained by PK1 Studios. In addition, if cancellation is made after more than 3 proof sets (initial proof plus 2 more), a cancellation fee of fifty percent (50%) of the remaining balance shall be paid by the Client. Regardless of when the project is cancelled, all billable expenses already incurred by PK1 Studios shall be paid by the Client in full. In the event of cancellation, PK1 retains ownership of all copyrights and any original artwork.
Late Payments
A 0.8% monthly service charge is payable on all balances overdue by more than 30 days. PK1 Studios retains the rights to withhold delivery of final versions until full payment is received.
Assignment Termination
In the event that work in process is found by the client not to be reasonably satisfactory due to errors on the part of PK1 Studios, the client may decide to terminate the assignment. Any deposits or payments made prior to cancellation shall be retained by PK1 Studios. Regardless of when the project is cancelled, all billable expenses already incurred by PK1 Studios shall be paid by the Client in full. In the event of cancellation, PK1 retains ownership of all copyrights and any original artwork.
Ownership of Artwork
The Client acknowledges and agrees that PK1 Studios retains ownership of all original artwork until project completion and final payment is made. After final payment is made, client holds sole ownership and rights to artwork.
Modifications of the Agreement
Modifications of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized by the Client in order to progress promptly with the work.
Limitation of Liability
Client agrees that it shall not hold PK1 Studios or its agents or employees liable for any incidental or consequential damages which arise from PK1 Studios' failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of PK1 Studios or a third party. Client expressly agrees that it will hold PK1 Studios harmless for all liability caused by the client’s use of PK1 Studios’ product to extent such as infringes on the rights of others.
Dispute Resolution
Any disputes arising out of this Agreement shall be submitted to binding arbitration. The Arbitrator's award shall be final, and judgement may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgement in favor of PK1 Studios.
Acceptance of Terms
Submission of deposit payment shall evidence acceptance of these terms.
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"I ended up with the design of my dreams! You took my scattered ideas and molded them
into exactly what I wanted. I couldn't have asked for more artistic skill!"
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