PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
This page contains the terms & conditions. Please read these terms & conditions carefully before ordering any products from us. You should understand that by ordering any of our products, you agree to be bound by these terms & conditions.
By placing an order at Caryberry Graphic Design, LLC (Caryberry), you warrant that you are at least 18 years old (or have parents' permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at Caryberry for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
Consultant agrees to deliver samples of design within two to three days of contract date. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work and applicable design rate.
All payments are made through Waves Invoicing, which takes all major debit and credit cards, including VISA, MASTERCARD, AMERICAN EXPRESS, and DISCOVER.
Client shall pay Consultant (50% of total estimate), as a deposit for project commencement. The balance is due on completion date, and prior to file relinquishment.
All design delays on the part of the client will assess a $30 per hour design rate effective 30 days after initial design due date.
All products remain Caryberry's property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents' permission to buy from Caryberry.
All transfers conducted through Caryberry are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
FEES & ADDITIONAL SERVICES
Changes in client input or direction or excessive changes will be discussed to adjust fees. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of this agreement, or in the attached Proposal will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.
Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation)
RESERVATION OF RIGHTS
All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.
PERMISSIONS AND RELEASES
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release. Caryberry licenses all images, also known as stock photos, they provide for client projects. Caryberry is not held responsible for client provided images that are not licensed.
The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client has permission to use the name of Consultant, in advertising or for publicity. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.
Copyright is in Consultant’s name. Upon completion of Work, the copyright will only be released to the Client with the expectation that the client will give credit to Caryberry as design of logo.
A project will be considered abandoned if we have not heard from you in 30 days. You will not have any rights to use any of the work that was presented to you, unless the project has been paid in full. If we have not heard from you and you contact us after the 30 day abandonment, a start up fee may apply.
Either party may terminate this Agreement by giving 14 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.
Caryberry reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
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