proofing agreement & Terms and conditions

Proofing Agreement

PROOFING OF PROJECT
To limit any possible errors in artwork, designs will not go to production until they have been approved by the client. Fangman Designs will not be held responsible for errors if the client has returned a signed proof or e-mail confirmation, has refused and/or did not request a printed or digital proof, or if the customer has requested the order go to production without proofing upon order.

TEXT
Fangman Designs shall make every effort to ensure that proofs are free of any grammatical and spelling errors, before supplying them to the client. It is agreed that it is the client’s responsibility to completely review their proofs and ensure that there are no errors contained in the proofs. It is agreed that Fangman Designs is not responsible or will not be held liable for any errors contained in the final product after the final product has been approved by the client, committed to print, and/or posted in view of the public.

STOCK IMAGES/PHOTOGRAPHY
Fangman Designs will endeavour to ensure that only royalty-free images are used in custom designs. It is agreed that Fangman Designs will not be held liable for any damages, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement.

COLOR
Where color matching is a priority, the client shall provide or choose an appropriate Pantone color number and receive a color proof before going to production. Because of the differences in certain pieces of equipment, paper stocks, inks, and other conditions between color proofing and production, a reasonable variation in color (2 – 5%) shall be considered acceptable when printed on the same printer.

CLAIMS PERIOD
Claims for defects, damages, and/or shortages must be made by the client in writing within a period of five (5) business days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance of the product and an admission that they fully comply with terms, conditions, and specifications.

IMPORTANT
An approval to send design/printed proofs to print is a confirmation that you have reviewed the proofs/product completely, agree that all content in the proofs are correct, and that you have read and accepted the terms and conditions in the proofing agreement. Approval is a confirmation that electronic and/or printed proofs provided have been reviewed, agree all contents/color are correct, and accept the design times stated and the terms and conditions in the proofing policy, which release Fangman Designs from liability beyond approval. Orders will not go to production until proofs have been approved by the client via email, fax or a signed agreement. Verbal changes and approvals will not be accepted.

Terms and conditions

RIGHTS
All services provided by Fangman Designs shall be for the exclusive use of the client other than for the designer’s promotional use.

OWNERSHIP
The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.

COMMUNICATION
The designer can be reached by phone/text (502-593-8094) or email at gretchenfangman@gmail.com

PAYMENT SCHEDULE
50% non-refundable deposit will be paid prior to work and the remaining balance after the project has been completed. (The deposit is only refundable if I have not started on the work yet)

DELAYED PAYMENT
If, after the project has commenced, subsequent invoices are not paid within 10-days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added up on each recurring 10 day period until the full amount has been received by the designer.

CANCELLATION
If after the project starts, client communication (face-to-face, telephone, or email) stops for a period of 180 days, the project can be canceled, in writing by the designer, and ownership of all copyrights shall be retained by the designer. 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% of the total project cost.

MISCELLANEOUS
Samples: The client shall provide the designer with samples of print design that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. The designer may use such copies and samples for publication, exhibition, or other promotional purposes. The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.

CONFIDENTIALITY
The client shall inform the designer in writing before the project starts if any portion of any material or information provided by the clients or any portion of the project is confidential. And confidentiality agreement can be written, sent, and signed if needed.

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 attorney’s fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.