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Terms and Conditions

Upon receipt of the completed New Project form, byDesizn will send an invoice quoting the price for the design work requested. byDesizn requires a 50% deposit (which is non-refundable) on all projects over $300. The remaining balance is due upon acceptance of the final approved design and before the Client receives the final output files. Once the deposit is received, byDesizn will immediately begin working with the Client to make sure that the new design is a success. Design work will not begin until the initial deposit or payment is received. All final payments are due upon completion of project (no exceptions). We accept payments through PayPal.

Most designs are delivered within 1 to 3 business days unless stipulated otherwise. It takes approximately 1 to 3 business days to display the initial design variations and complete a design. In the event that changes are requested allow one (1) business day for alterations. An alteration is a cluster of 4 changes requested on any given design or layout. Four (4) changes (revisions) are included in base price of layouts. Any changes in excess of these (4) are billable at $35 per change. Changes must be submitted in writing, via email, and if there are more than 5 pages, we request that the marked up pages be sent as hard copy. Our turnaround period on most jobs is 1-5 business days from the time of deposit and forwarding of ALL information (i.e., Project Form, photos etc.) to completion of project.

DESIGN ONLY projects are paid in full and in advance. They are normally completed within three (3) business days and byDesizn assumes no responsibility on print output of project. Our turnaround time may be delayed due to technical problems from our servers. A delay of no more than 3 days will be needed in the event of such problems.

All jobs that require design and printing in less than 10 business days are considered “RUSH JOBS” and will have an automatic rush fee added of at least $200 for all types of card designs. For booklets, menus and brochures the rush fees are $300 and up.

byDesizn shall provide all clients with a Print Approval Form for all projects. Clients must return the Approval Proof Form upon finalizing all project revisions before project will be sent to print. byDesizn will not accept any verbal authorizations. byDesizn will not be held responsible for delays in production due to the authorization form either not being signed or not being returned in a timely manner. byDesizn will also not be held responsible for typos found after a project has gone to print.

Because the majority of our clients are more concerned with keeping their project within their budget; all quotes are based upon standard industry paper with Pleasing Color reproduction, which allows for reasonable color variation between original proofs and the completed project. When variation of this kind occurs it will be considered acceptable performance. If the Client requires a more exact color reproduction, Critical Color, additional time and fees will be applied. In addition the client must inform byDesizn at the beginning of the project that the project requires Critical Color. In the absence of this formal request all projects will be treated as Pleasing Color jobs.

The client warrants to byDesizn that to the best of his/her knowledge the concepts, ideas, copy, sketches, artwork, photographs, electronic files and other mThe client warrants to byDesizn that to the best of his/her knowledge the concepts, ideas, copy, sketches, artwork, photographs, electronic files and other materials provided do not infringe on any copyright or proprietary rights materials provided do not infringe on any copyright or proprietary rights of others, and that he/she has the unencumbered right to enter into this agreement. The client shall indemnify
byDesizn from any damage or loss, including attorney’s fees, rising out of any breach of this warranty.

OWNERSHIP/COPYRIGHTS
Ownership (copyright) of the final artwork (for logos only) become the property of the client, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees. According to the Copyright Act of 1976, the creative firm maintains rights to their creations. byDesizn maintains ownership of all other artwork, whether preliminary or final. byDesizn retains the rights to display the artwork in portfolio and advertising materials. All concepts, comprehensives, or other preliminary materials, which are not selected by the client or are not included
into the final delivery remain the full property of byDesizn. We will not give away our creative files for other vendors to reproduce. byDesizn retains the right to cancel any project at any point in the developing process. I understand that I am only purchasing one design. I understand that all other concepts created by ByDesizn during the design process, may and will be used by other companies. byDesizn is not responsible or does not guarantee that there are not other designs in the world that are similar to the design that I purchased from byDesizn. I understand the use or duplication of any unauthorized concepts will be a breach of this agreement and will be pursued to the full extent of the law. In the event that byDesizn should be forced to defend any action as a result of an unauthorized use of an un-purchased design, I agree to pay all costs and collections included, but not limited to, attorney’s fees and costs.

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