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Review our general
policies as they apply
to trademarks,
intellectual property
issues, cancellation of
projects, client
privacy, payments and
other legal issues.
Trademarks, Logos and Other
Intellectual Property Issues
Client is responsible for any copyright or trademark issues
related to the creation and use of project files by
customer. Customer shall be solely responsible for any
trademark or copyright searches pertaining to the project
unless otherwise contracted for in the project
specifications. Designers will not knowingly copy other
rightfully trademarked or copyrighted material.
Independent Agents Status
Designers are retained as independent contractors. Designers
are fully responsible for payment of their own income taxes
on all compensation earned. Client's agree that they will
not withhold or pay any income, social security tax or any
other payroll taxes on Designers' behalf. Designers
understand that they are not entitled to any fringe benefits
that Client may provide for its employees including but
without limitation worker's compensation or unemployment
insurance.
Rejection/Cancellation of Project
Dezigns by T and its designers strive for 100% client
satisfaction. Payment in full of any deposit(s) are required
prior to commencement on any web design or development
project. Dezigns by T clients shall not unreasonably
withhold acceptance of, or payment for, the project.
If,
prior to completion of the project, the client observes any
nonconformance with the design plan, the designer must be
promptly notified, allowing for necessary corrections.
Rejection of the completed project or
cancellation during its execution will result in forfeiture
of deposit and the possible billing for all additional labor
or expenses to date. All elements of the project must then
be returned to the designer. Any usage by the client of
those design elements will result in appropriate legal
action. Client shall bear all costs, expenses and reasonable
attorney's fees in any action brought to recover payment
under this contract or in which Dezigns by T or Steinberg
and Stesen may become a party by reason of a contract.
Completion/Delivery of Project
Any delay in the completion of the project due to actions or
negligence of client, unusual transportation delays, failure
to provide timely feedback or responses, unforeseen illness,
or external forces beyond the control of the designer, shall
entitle the designer to extend the completion/delivery date,
upon notifying the client, by the time equivalent to the
period of such delay. Any alteration or deviation from the
proposed quotation and design specifications involving extra
costs will be executed only upon approval with the client.
Rush Orders
Rush orders whether for design or printing services are
subject to a $50.00 rush surcharge. Your rush project will
receive priority over
our current project lineup.
Design Copyright Notice
Each web site design created by Dezigns by T includes a
credit to the designer in the footer of each page. These
credits must stay intact and the link must be active
(clickable) and linked to the Dezigns by T web site. Please
note that the link is defaulted to open in a new window to
prevent users from leaving your site altogether.
You may not alter, change or use the
graphics or products purchased as part of your web site
design from Dezigns by T. You may not disassemble or
reuse portions of our designs to create a new design.
Copyright remains with the original creator of the design
and you are legally bound by these terms and conditions.
Your use of this site and purchase of a Dezigns by T
creation signifies your agreement to these terms and
conditions, whether you opted to read them or not.
Ownership of
Artwork and Source Files
Except for client's proprietary material contained in the
project, designers shall hold all right, title, and
interests in all original artwork, whether in draft,
mock-up, concept or final development for the project.
Specifically, but without limitation,
designers shall hold all right, title, and interest in and
to (1) all text, graphics or digital components of the
project (the "content"), (2) all layouts, logo, structures
or arrangements or other components of any materials
presented to client that comprises the project, (3) all
literal and non-literal expressions of ideas that operate,
cause, create, direct, manipulate, access, or otherwise
affect the content, and (4) all copyrights, patents, trade
secrets, and other intellectual or industrial property
rights in the project or any component or characteristic
thereof.
Client shall not do anything that may
infringe upon or in any way undermine designers' right,
title and interest in the project, as described in this
paragraph.
Overdue Accounts
Accounts not paid within terms are subject to a 1% monthly
finance charge.
Charge Backs
Unfounded charge backs issued against Dezigns by T and/or
its designers are subject to a charge back processing fee of
$50.00 (ESD) for each credit/debit card charged back related
to the services provided by Dezigns by T.
The customer understands, acknowledges
and agrees that unless payment in full, by certified check
or money order, including both the original invoice amount
due plus charge back fee, is received within ten (10) days
of invoice an additional collections processing fee in the
amount of $50.00 (USD) will be added to the account balance
for each credit/debit card charge back related to the
services provided by Dezigns by T.
Returned/Bounced Check Fees
Under Colorado law we are entitled to charge a bad check fee
of $20.00 for each check or e-check that is returned to us
for non sufficient funds.
Delinquent Accounts
Delinquent accounts are placed with
MAD Collection Agency, LLC in Swanzey, New Hampshire.
Once your account has been placed in collections payment
arrangements can no longer be made with Dezigns by T, and
must be made with the MAD Agency at 1 (603) 357-2922. Dezigns
by T adheres to the Fair Debt Collection Practices Act
and any applicable state collections laws very closely.
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