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© 2010-2019  Vivid Vision Creations, LLC

All clothing brand and department store logos are registered trademarks belonging to their respective brands.

TERMS AND CONDITIONS

VVC TERMS & CONDITIONS

Logo and Graphic Design

Concepts: Within 7 business days of receiving your company information and deposit, Vivid Vision Creations, LLC (VVC) will create several renditions of a logo or graphic design work requested for your business. Graphic designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, VVC will make any needed changes to the designs you choose until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at VVC’s current hourly rate.

File Delivery: After the final logo design is approved, the logo design to you as a digital files (.jpg, .pdf, and .eps graphics file formats).

Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. VVC retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives VVC permission to use client’s full name, business address, and/or website address, for testimonial purposes on our website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

Payment: In return for graphic design, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered. The client understands that the final design belongs to VVC until paid in full. In the event of termination of this Agreement, VVC owns the artwork and has the right to complete, exhibit, and/or sell the artwork design (not including business name). Furthermore, VVC owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the logo and/or design in all media useful for business promotion and that VVC reserves the right to display the logo for business promotional use.

Originality: VVC affirms that our logo and graphic designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.

Delays: Illness, injury, or other events beyond VVC’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Termination: The client has the right to terminate this Agreement if, VVC fails to complete the ARTWORK within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, VVC shall retain the deposit.

Performance Liability: VVC does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will VVC be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if VVC has been advised of the possibility of such damages.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Print Design

Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.

Concepts: Within 7 business days of receiving your company information and deposit, VVC will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost.  Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at VVC’s current hourly rate.

Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. VVC retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives VVC permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered. The client understands that the final design belongs to VVC until paid in full. In the event of termination of this Agreement, VVC owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, VVC owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that VVC reserves the right to display the logo for business promotional use.

Originality: VVC affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement. 

Stock Photography: VVC agrees to provide up to 5 stock photos during the print design process. Any photos acquired by VVC for inclusion in the client’s website remain the property of VVC and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.

Delays: Illness, injury, or other events beyond VVC’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Termination: The client has the right to terminate this Agreement if, VVC fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon time-frame, VVC shall retain the deposit.

Performance Liability: VVC does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will VVC be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if VVC has been advised of the possibility of such damages.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Web Design

Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes VVC to publicize their completed Web site to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.

Proposal: For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in this contract will be honored for three (3) months after both parties agree to this contract. Continued services after that time will require a new agreement.

Client Provisions: Client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.

Stock Photography: VVC agrees to provide up to 5 stock photos during the web design process. Any photos acquired by VVC for inclusion in the client’s website remain the property of VVC and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.

Web Browsers: VVC will verify the design and functionality of all websites on the following internet browsers: Internet Explorer, current versions of Firefox, Microsoft Edge, Opera, and Safari. Should an update or up-version of any of these browsers results in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense, billed at VVC’s current hourly rate.

Hosting:  The client is responsible for hosting their own domain and email clients.  HOWEVER, if the client prefers that VVC hosts and supports their email accounts, an additional cost will be forwarded to the customer.  Hosting and Email will incur charges on a yearly (annual) basis.  

Completion Date: VVC agrees to complete website projects within a time-frame agreed upon with the client.  Depending on the size, content, and page count of a website, most websites will be complete within a two week time-frame.

Delays: Illness, injury, or other events beyond VVC’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Payment: A 50% deposit is required before any work begins and the remaining payment when final logo design is approved but before it is delivered. Returned checks will results in a return-check fee of $30.00. The client understands that the final website design belongs to VVC until all invoices are paid in full. In the event of termination of this Agreement, VVC owns the website design and has the right to complete, exhibit, and/or sell the website design (not including business name).  Once the final invoice is paid in full, the client has the right to use images of the website design in all media useful for business promotion and that VVC reserves the right to display the website for business promotional use.

Delinquency: VVC reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.

Performance Liability: VVC does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will VVC be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if VVC has been advised of the possibility of such damages.

Copyrights and Trademarks: The client represents to VVC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to VVC for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend VVC from any claim or suit arising from the use of such elements furnished by the client.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.

SEO (Search Engine Optimization), SMO (Social Media Optimization), Digital Marketing

Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future social media outlets, Google My Business and Google Search Console Accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes VVC to publicize their completed Web site to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.

Proposal: For any digital marketing project, a proposal shall be provided to the client which outlines the general scope of the project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in this contract will be honored for three (3) months after both parties agree to this contract. Continued services after that time will require a new agreement.

Client Provisions: Client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.

Completion Date: VVC agrees to complete SEO projects within a time-frame agreed upon with the client.  Initial Digital Marketing packages are often complete within a one to two week time-frame.

Delays: Illness, injury, or other events beyond VVC’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Payment: A 50% deposit is required before any work begins on an initial Advanced Digital Marketing package and the remaining payment upon completion of services delivered. Returned checks will results in a return-check fee of $30.00.  Once the final invoice is paid in full, the client has the right to use images of digital marketing campaigns in all media useful for business promotion and that VVC reserves the right to display these services for business promotional use.

Monthly Retainer:  Clients can agree to a monthly digital marketing services fee, based on an agreed upon monthly price set with the client.

Performance Liability: VVC does not warrant that that clients will gain the #1 ranked position in search engine results.  We can however, guarantee that we can land you on the first page of search engines with time permitted.  Clients must realize that SEO is an ever moving target and companies like Google often change their algorithms.  VVC does stay ahead of the curve for all algorithm changes, but ranking results will still vary often.  This is the reason that many of our clients have signed a monthly retainer contract.  Clients must also realize that at any given time during a month, search engine rankings will go up and down, and sometimes even remove you from a high ranking position.  VVC does everything it can to regain top positions in search engine rankings.

Copyrights and Trademarks: The client represents to VVC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to VVC for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend VVC from any claim or suit arising from the use of such elements furnished by the client.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.

Printed Products, Promotional Products, Corporate Apparel

Printed products include business cards, fliers, posters, stickers, decals, window graphics, car graphics, brochures, signage, and other printed products.  Promotional products include a list of over 800,000 promotional products that can don a logo, business name, or slogan, to include coffee mugs, pens, totes, stress relievers, and a plethora or many other promotional products.  Corporate Apparel consists of items that are either screen printed, sublimated, or embroidered, to include hats, t-shirts, hoodies, jackets, and thousands of other apparel possibilities.

Permissions: The client agrees to give VVC the right to print their logo, designs, slogans, and business name on all printed, promotional, or corporate apparel products.

Completion Date: VVC agrees to complete product orders within a two to three week time-frame.  Most often our items are produced, shipped, and received by our clients in less than two weeks, but not guaranteed.

Delays: Illness, injury, or other events beyond VVC’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Rush Production and Shipping:  We do offer RUSH production times and RUSH shipping times at an additional charge to our clients.  However, at times there are still unforeseen delays beyond our control.

Payment: A 50% deposit is required before any items are ordered and the remaining payment when products are either in-hand and our QA team has confirmed that you are receiving a quality product (local customers), or a shipping number is received by our team, but before items are delivered. Returned checks will results in a return-check fee of $30.00. The client understands that if the order is terminated before receiving their products, VVC keeps the deposit and items become property of VVC.  In this case, VVC reserves the right to use completed products at trade shows as samples to hand out to potential future customers.

Performance Liability: VVC does not warrant that the items supplied will be error-free. The client is responsible for checking all names, content, slogans, etc. for spelling and grammatical errors.  VVC is NOT responsible for such errors printed on products if the customer signs off on the design before print.  In no event will VVC be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of such case whereas client has approved artwork, spelling, and grammar before print production.

Artwork:  Printed artwork should be set at 350 dpi and submitted as either a .jpg or .pdf image.  Artwork for screen printed apparel should be in Vector Format (Camera Ready Format), either .ai or .eps format and separated by color.  If you need us to vectorize the artwork for you, feel free to send your artwork in either .jpg, .png, or .tiff format.   Artwork for Embroidered products should be in the following Digitized formats, .emb or .dst.  If you need us to digitize the artwork for you at an agreed upon fee, feel free to send us the artwork in .jpg format.

Damaged or Incorrect Goods Received During Shipping:  Please take quality pictures of the packaging, the package contents, and a closeup of all shipping labels on the packaging.  This is required for us to either dispute these items with either our post provider or third party print teams.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.