Terms and Conditions

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PROJECT TERMS AND CONDITIONS + USAGE TERMS

 


 

 

 

PROJECT TERMS AND CONDITIONS

 No project is to start without reading and accepting these terms and conditions. A link to this page is on the checkout page and/or on the “Get Started” / “Authorization” page and form. We encourage you to save and/or print and keep a copy for your records. These terms are binding throughout the duration of the project.

 

DEPOSITS

All deposits are non-refundable. This applies to Logo Design Projects, Custom Design Projects and Website Design Projects. All invoices that include a deposit are to be labeled as “Deposit” either in the product description or clearly visible somewhere on the invoice email or checkout page.

 

INCOMPLETE PAYMENTS, PROJECTS AND LATE FEES

If you fail to complete an agreed upon payment, we do have the right to claim copyright ownership of the artwork or web development codes and designs.

Graphics: All work is copyrighted by GraphixNerd until transactions are COMPLETE.

Web Design: We will shut down the website until payment is completed. We will restore it afterwards.

We will protect all unpaid for work to the fullest extent of the law.

If you cancel a project after work has begun, a cancelation fee may be added to your owed hourly OR fixed rate. Hourly rate is still due up to and including the time you cancel. If client refuses to pay, we will consider further actions, including late fees.

< NEW AS OF 10/8/15 > If you do not pay your graphic design invoice:

> within 14 days, a LATE FEE of $25 will be added on to your invoice.

> within 30 days, a LATE FEE of $75 will be added on PER MONTH until paid.

> After 90 days, an additional fee of $150 will be added PER MONTH. After 180 days legal action may be taken + all accrued costs need to be paid IN FULL.

 

 

WEBSITE DESIGN AND DEVELOPMENT TERMS AND CONDITIONS

GraphixNerd MAY offer up to one (1) year of hosting through a 3rd party website if requested and agreed upon. A non-refundable payment will be required.

GraphixNerd has no affiliation to the content on your website. GraphixNerd is not responsible for your website after development or it’s content.

GraphixNerd has no legal responsibilities for your website, or it’s maintenance unless otherwise officially documented and signed upon. GraphixNerd can provide updates to your existing website, but is not responsible for work previously completed, any security issues and/or function related issues, by another designer, developer or firm.

You are charged an hourly rate of between $25 – $50. You must pay this amount upon completion. A deposit will be required of 5 hours. If you cancelled your project without acceptable reason (relating to design/development) – a cancellation fee of $75 will be added to your invoice.

Late fees: If payment is not made within 30 days of official notice, we will lock your website design and interface until it is paid in full. We reserve the right to take down your website within 90 days. A late fee of $150/mo will accrue for every month you don’t pay after the official 30 day notice. Collections and/or legal action may occur within 180 days of not paying.

 

LOGO DESIGN TERMS

Authorizing a Project via the “Authorization Form” / “graphixnerd.com/get-started” means you are guaranteeing the project to GraphixNerd, and it’s designer, and you agree to the pricing you were given. Work will begin immediately thereafter, along with billable time.

GraphixNerd (and it’s designer) owns the rights to your logo until the client pays in full the agreed upon amount. Once a client pays, all ownership and copyrights are given to the client. GraphixNerd is not responsible for any copyright and trademark filling and/or any conflicts that may arise from it. The client is responsible for obtaining copyright and originality checks.

Pricing may change at any point:

Basic ($100) – includes one unique concept; all files needed for print and web. Source file included. Limited Revisions.

Standard ($175) – includes three unique concepts; all files needed for print and web. Source files included. Unlimited Revisions.

Pro ($225) – includes five unique concepts; all files needed for print and web. Source files included. Unlimited Revisions.

If payment is not collected before the project begins, payment is due immediately before file handover.

 

Payment terms are determined by the designer: In full at start, split payments (50% upfront/50% upon completion), In full upon completion.

 

 


Website Usage Terms and Conditions

1  Acceptance The Use Of GraphixNerd Terms and Conditions

Your access to and use of GraphixNerd is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website and discontinue any forms of communication.

By making a purchase/paying an invoice, you  agree to the following terms and conditions. You understand the terms and conditions can change without us contacting you. You are responsible for accessing and abiding by the Terms and Conditions and it’s regular updates and changes.  

By contacting us (via an @GraphixNerd.com email, OR GraphixNerd email), you agree to the following terms and conditions. You understand the terms and conditions can change without us contacting you. You are responsible for accessing and abiding by the Terms and Conditions and it’s regular updates and changes. These terms and conditions must be reviewed prior to making any pricing agreements and/or beginning any projects via email or phone.

ANY project, via email, phone, chat is subject to these terms and conditions. Projects that are given the “OK” to begin by email, phone or chat must follow these terms and conditions and shall not be broken.

2  Credit card details

All payments are done via PayPal or Stripe. No credit card information will be stored by GraphixNerd. No other form of payment is currently accepted, and will not be negotiated. All credit card details must be valid and the card owner must make the payment; Fraudulent activity will be reported to law enforcement and pursued legally. Penalties and fee’s can and will be enforced. Email, phone and address may be stored but NOT shared with anyone other than GraphixNerd and ONLY used for contact should we need to contact you.

3  LEGAL ADVICE

The contents of GraphixNerd website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

All material contained on GraphixNerd is provided without any or warranty of any kind. You use the material on GraphixNerd at your own discretion.

4  CHANGE OF USE

GraphixNerd reserves the right to:

4.1  change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that GraphixNerd shall not be liable to you for any such change or removal and.

4.2  change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4.3 change in the terms effect all orders past and present. You must check these terms and review without us notifying you.

5  Links to Third Party Websites

GraphixNerd Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

6  COPYRIGHTS – Images throughout website

6.1  All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to GraphixNerd or otherwise used by GraphixNerd as permitted by law.

6.2  In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6.3 Full credit can be given to FontBundles . net and it’s artists for font images found throughout the website.

7  LINKS TO AND FROM OTHER WEBSITES

7.1  Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk. GraphixNerd nor its authors are responsible for any damages these links may cause.

7.2  Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a)  you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b)  you do not misrepresent your relationship with this website; and

(c) ; the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party. Illegal content will be reported to law enforcement.

7.3  By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

8   DISCLAIMERS AND LIMITATION OF LIABILITY

8.1  The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

8.2  To the extent permitted by law, GraphixNerd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

8.3  GraphixNerd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

8.4  Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of GraphixNerd for death or personal injury as a result of the negligence of GraphixNerd or that of its employees or agents.

9  INDEMNITY

You agree to indemnify and hold GraphixNerd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against GraphixNerd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

10  SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

11  WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

12  GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of United States and you hereby submit to the exclusive jurisdiction of the United States courts.

13 ATTORNEY FEES AND EXPENSES RE: Website Terms and Conditions, Project Terms and Conditions

If a client, or potential client, breaks the terms and conditions, or commits acts deemed illegal while accessing the Website and or it’s services, GraphixNerd has the right to collect from the other party it’s reasonable attorney fees and costs and necessary expenditures.

14  OUR CONTACT DETAILS + OTHER IMPORTANT INFO

1. GraphixNerd operates on business days (Monday through Friday) – All US national holidays are observed.

2. For any further information please email the GraphixNerd Team.

3. LAST UPDATE: 4/15/16