Terms and Conditions of Fashion Studio Urban Purple
Please read carefully through the Terms and Conditions associated with Fashion Studio Urban Purple. All services and projects provided by Fashion Studio Urban Purple are specifically connected by terms and conditions to manage expectations and outcomes, and protect both you “The Client” and “Fashion Studio Urban Purple”. By reading these Terms and Conditions and paying for your project, you are agreeing to the sole conditions of our business. Please understand that at any time, Fashion Studio Urban Purple has the right to change and/or edit our Terms and Conditions and pricing without notice. Any projects started on before the adjusted price change (or TAC) will continue to remain as is. We have the right to decline any project or client at any moment for any reason.
GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that Fashion Studio Urban Purple may be contracted to produce or provide for the client will be subject to the following:
WORKING/BILLING PHASES – Based on our experience with long-term design communications projects, we have found that it is mutually advantageous to handle each project in logical working/billing phases.
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits Fashion Studio Urban Purple or to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were completed by Fashion Studio Urban Purple plus a cancellation fee of $250. For each project, the client will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of-pocket expenses.
We will begin work upon CLIENT’S approval of the written estimate. Your approval (written or oral) will constitute an agreement between us.
PAYMENT/ESTIMATES – CLIENT agrees to pay Fashion Studio Urban Purple in accordance with the terms specified in each proposal/estimate. For all projects that are at the value of $500 and up, will be required to pay 50% of the project cost before work can begin.
Free consultations cover answering questions about Fashion Studio Urban Purple services and helping clients decide if they want to hire Fashion Studio Urban Purple to perform those services. If a client asks Fashion Studio Urban Purple to “work” on a project, this is billable time. Billable time includes not only making changes, but also doing research, reviewing projects and editing designs.
Fashion Studio Urban Purple only accepts compensation in US dollars. Fashion Studio Urban Purple does not accept trade for the services that a client might offer; this includes partnerships in a client’s business. Payments are accepted via credit cards/debit cards/e-checks through PayPal.
Fashion Studio Urban Purple accepts serious inquiries only. Invoices are sent for items that are not listed on the site such as a custom package. To ensure that Fashion Studio Urban Purple only deal with serious clients, all invoices must be paid within 48 hours. If an invoice is not paid within 48 hours it will be canceled and Fashion Studio Urban Purple has the right to decline the project.
Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is 18% per annum or 1.5% per month. We reserve the right to refuse completion or delivery of work until past due balances are paid.
All payments are accepted via Fashion Studio Urban Purple website or via PayPal invoice. E-checks through PayPal are accepted but please keep in mind, any work will not began until the e-check has cleared (usually 3-5 business days).
Client requested changes will be billed additionally. The client will be notified of any price changes.
All designs are subject to a complete 100% NON-refundable payment from client. Please understand that under no circumstance can a refund be given after work (including proofs) have been issued and/or labor has begun. If for any reason client cancels services after work was started, no payment shall be reimbursed and becomes forfeited by you “The Client”. Should a printed item be deemed defective, Fashion Studio Urban Purple will issue a reprint or exchange on a case by case basis. Fashion Studio Urban Purple does not guarantee any exchanges on any of our products.
No final artwork or files without watermarking will be delivered until final payments are received. Draft files revision files and unselected logo proofs remain the property of Fashion Studio Urban Purple. Once logo is complete, all files needed will be emailed to client within 48 hours of final agreement. Client has the right to own the following files given upon completion: JPEG, PNG, PDF and EPS (upon request).
OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to Georgia sales tax unless 1) You are a nonprofit organization; or 2) the work is for resale and you have submitted a resale certificate to Fashion Studio Urban Purple. If consultant or supervisory services are required in out-of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.
REVISIONS AND ALTERATIONS – New work requested by the client and performed by Fashion Studio Urban Purple after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
OVERTIME – Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, outside suppliers such as service bureaus charge a 100% to 200% markup on overtime after 5:30pm and weekends.
NATURE OF COPY You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.
ERRORS AND OMISSIONS – It is the client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Fashion Studio Urban Purple is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
Fashion Studio Urban Purple sends proofs or drafts of all design work via email, text message, Facebook Messenger or Instagram Direct Message to be approved by the client before sending the final copies or sending the order to print. The client is solely responsible for all spelling, grammer, graphics and design errors and should report them to Fashion Studio Urban Purple during the revision process of the project. Fashion Studio Urban Purple is not liable for any errors found on graphics or printed materials after the work has been approved by the client. Any additional changes requested by a client after drafts or proofs have been approved will be subject to a $25 Revisions Fee for each revision needed.
TELECOMMUNICATIONS – CLIENT shall pay for all transmissions charges. Fashion Studio Urban Purple is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment. All communication with Fashion Studio Urban Purple shall be done via email or text if necessary. It is important to protect us “Fashion Studio Urban Purple and you the client by having written communication at all times to ensure both parties are still in agreement. Phone consultations may occur but it is still important to provide via email what was discussed. Please allow up to 48 hours for a response from our team, if for any reason, you have no response within that time frame please resend your email, contact via social networks or via phone. We do not respond to any clients after business hours 9AM- 6:30PM EST.
To get your designs and packages finished in a timely manner and effectively manage our workload, it’s important that you are able to respond to emails within a few days. If you’ve been emailed several times and haven’t responded in 10 days, you will lose your position in the work queue. If you have not responded in 30 days, your project may be terminated with no refund. Please advise if you are going to be away for a span during the design process so that schedules can be planned accordingly.
OVER RUNS AND UNDER RUNS – The CLIENT will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. Fashion Studio Urban Purple will bill for actual quantity delivered within this tolerance. If the CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
Fashion Studio Urban Purple uses a 3rd party printer for all of its printed products and packages, and they determine the turnaround time, estimated time of arrival, and shipping fees for all orders placed by Fashion Studio Urban Purple. Fashion Studio Urban Purple shall not be held responsible for lost, stolen, delayed or missing packages as this is the responsibility of the printer. It is the sole responsibility of the client to make sure they have provided Fashion Studio Urban Purple with the correct shipping address.
Fashion Studio Urban Purple offers a general overview of the length of time it will take to complete each project. This time frame is calculated based on production time and communication time with client. If a client is slow to respond or is not communicating effectively with Fashion Studio Urban Purple, this time frame will be null and void. Most drafts and proofs for digital and printed designs are sent within seven business days or less. If more than one design was ordered with a logo, the other designs will be dependent on how soon the client approves the logo. Large Projects will generally take 3-6 weeks depending on how fast the client can provide ALL content.
If client wishes to expedite the length of time expected to complete a project, the client will be responsible for paying the rush fee for each project, which is determined by
Fashion Studio Urban Purple on a case-by-case basis. If a client is slow to respond or is not communicating effectively with Fashion Studio Urban Purple this time frame will be null and void.
PROPERTY AND SUPPLIER’S PERFORMANCE – Fashion Studio Urban Purple will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, Fashion Studio Urban Purple is not responsible for failure on their part.
If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.
LIEN – All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied.
RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for Fashion Studio Urban Purple will assign the reproduction rights of the design for the use(s) described in the proposal.
According to the Copy right Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained Fashion Studio Urban Purple, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with Fashion Studio Urban Purple and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project.
We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
FASHION STUDIO URBAN PURPLE IS NOT RESPONSIBLE FOR ARCHIVING OR GUARANTEEING THE AVAILABILITY OF FILES CREATED FOR CLIENTS. CLIENTS ARE RESPONSIBLE FOR KEEPING BACKUP COPIES OF THEIR PROJECTS AND GRAPHIC DESIGN FILES IN THE EVENT OF AN EMERGENCY.
TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result.
Upon termination of this agreement, Fashion Studio Urban Purple will transfer to all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold Fashion Studio Urban Purple harmless for any loss or expense (including attorney’s fees), and agree to defend Fashion Studio Urban Purple in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertions made against the client and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both the client and the Fashion Studio Urban Purple, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or the Designer. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.
ADDITIONAL PROVISIONS – The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Georgia applicable to agreements entered into and performed in the State of Georgia. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.
If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.