Effective January 1, 2018, all estimates/proposals will direct clients to this web page to inform them of the policies. Failing to read this page is not an acceptable excuse for not abiding by the policies outlined below.
All clients must read and agree to the points laid out below.
By entering into a business relationship with Perillo Design, you [the Client] agree and consent to the following terms and conditions:
Mistakes made on our end will be corrected at no charge. Minor revisions may be made at no charge. However, it is the client’s responsibility to find all errors and request revisions.
Revisions & Author Alterations
Revisions may be discussed verbally, however, no work will be done until the Client submits their revisions in writing, by email. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly rate as noted in the project quotation. Revision work is not done free of charge unless otherwise agreed upon. If a base package is agreed upon and the revisions and requests exceed the package parameters, the Client will be notified in advance.
Timeframe & Delivery
Perillo Design will provide the initial draft concepts to the Client within the timeframe agreed upon in the initial consultation. Initial designs will be sent in an email or posted to a website for review by the Client. Upon review, the Client will be able to provide feedback concerning the design.
Perillo Design will analyze the Client’s feedback and revise the designs. The revised samples will be presented to the Client within the specified timeframe. Perillo Design will continue the revision process as per the terms of the specific contract until the Client is satisfied. Once the Client has approved the final design, the Client will complete any remaining payment owed, and Perillo Design will then proceed with the delivery phase. All requested formats of the approved design will be emailed or posted to the client download area for the Clients use.
Clients will be charged for photography, fonts, web hosting, printing etc.. If requested, a client shall advance payment for expenses. Any expenses expected to be above $100.00 will be discussed with the client.
Copyright & Trademarks
The Client unconditionally guarantees that any element of text or graphics supplied to Perillo Design for inclusion in the design does not infringe on any copyright or trademarks that have been established by another company or organization. The Client will hold harmless and protect Perillo Design from any claim or suit arising from the use of such as furnished by the client.
Perillo Design makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, Perillo Design holds no liability and is limited only to a refund of the paid amount. Perillo Design will not do research checking on the legal availability of the name we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image. Perillo Design and its employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Canadian Copyright laws permit ownership of the final product and design to belong to the designer, Perillo Design unless otherwise agreed upon. The client is restricted from editing designs completed by Perillo Design and use of the design and file is limited to that originally intended. The exception being FINAL logo design. Concepts are also the ownership of Perillo Design regardless of design type.
Until a contract is paid in full, all materials remain the property of Perillo Design. Perillo Design retains the right to display the artwork in their corporate portfolios and marketing materials.
All concepts furnished to the client are for client review and comment purposes only. Perillo Design retains exclusive copyright and ownership of all design and draft materials.
Ownership & Copyright
The final artwork/digital files will become the property of the client upon final payment of the project.
If final payment is NOT received within the allocated days/time, all designs and concepts will remain the property of Perillo Design until payment is received and a 5% interest charge will be added to the full amount every 7 days.
If there are issues with final payment, I reserve the right to re-use or amend any of these ideas for other clients, or to be used freely as concepts in my portfolio.
Should the client attempt to use/modify/alter/replicate or steal any of my ideas without making the agreed final payment, I will take immediate legal counsel.
Perillo Design reserves the right to show any artwork, ideas and sketches created for this project in a portfolio as examples of client work. This can be during the project, and also on completion. If you have any specific ‘secrecy/stealth mode’ requirements, please mention this before agreeing to the bill of sale.
Final payment ensures that your project becomes your property. Any previous ideas/concepts remain the property of Perillo Design unless a prior agreement has been made.
Perillo Design provides a skilled service - customers are billed for the time and expertise of our graphic designers and support staff. Perillo Design charges for design services by the hour or a flat fee [negotiated in writing].
All quotations given are estimates only unless otherwise negotiated and noted in writing on the quotation. Final invoices will reflect actual hours worked on your project, which may or may not differ from your quotation. The final invoice will not exceed the quoted amount by a margin of over 25% without prior notification and written authorization by the client.
An upfront deposit of 50% [based on the quotation amount] is required for all new projects.
Preferred clients requiring long-term and ongoing design work can negotiate billing cycles (bi-weekly or monthly), skipping the quotation/deposit phase.
Deposits and payments may be made in a number of ways:
Company or Certified Cheque,
Bank or Wire Transfer, Money Order or Bank Draft.
We prefer NOT to deal with PayPal as their business ethics do not meet our requirements. If you do need to pay via PayPal a transaction fee [PayPal charges 2.9% + 0.30 to send funds] will be added to your invoice. It is up to the client to inform Perillo Design if PayPal is how you choose to pay. PayPal Fee Calculator will be used to determine your final invoice amount.
All invoices are payable on receipt, within 7 days. If a client is sending payment through the postal office, a tracking number will be accepted as a notice of payment.
Please see sample work to judge whether the style and quality of design offered by Perillo Design is a good fit for your organization.
If a project is cancelled, the client shall pay a fee for work completed. 50% of total project fee for preliminary work, concepts, or comps, 75% of total project fee after preliminary work but before completion, 100% of total project fee for nearly completed work regardless of final approval. Unless the full amount of the invoice is paid, the ownership of all copyrights and original artwork, including designs and code shall be retained by Perillo Design.
Your Consent to this Agreement
Perillo Design reserves the right to amend these terms at any time. Should it happen that a client’s own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of Perillo Design.
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