QDS JAMAICA TERMS & CONDITIONS

Please review and confirm this work-for-hire agreement.

All work is carried out by QDS Jamaica, herein after referred to as QDS, on the understanding that the client has agreed to QDS’s terms and conditions.
Copyright is retained by QDS on all creative design work including slogans, pictures, visuals and illustrations until all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by QDS as fulfilling the contract. All other designs remain the property of QDS, unless agreed in writing that this arrangement has been changed.

Logo Design

Concepts: Within 5 business days of receiving your company information and deposit, QDS Jamaica (QDS) will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, QDS will make any needed changes to your favourite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at QDS’s current hourly rate.

If the parameters of the project changes, or if it involves more time than estimated, QDS will inform you, the client, and the cost to complete the project can be renegotiated.

If, at any stage, you are not happy with the direction the work is taking, Client will pay Designer in full for everything produced until that point and cancel this contract.

Client Approval: You, the client, will approve all final designs. Client’s approval of all tangible materials and artwork will be assumed after the work has been submitted to client for review, unless client indicates otherwise in writing. Upon acceptance of the Work, the client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) QDS is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the client.

File Delivery: After the final logo design is approved, the logo design is sent to you as downloadable digital files (.jpg, .pdf, and .eps graphics file formats). If native files are required, these can be purchased at an additional cost of USD$100.

Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. QDS 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 QDS permission to use client’s full name, business address, and/or website address, for testimonial purposes on QDS’s website, or other business related media. The client understands that it is the client’s responsibility to register copyright in the design and/or seek trademark.

Payment: In return for logo design, the client agrees to pay the total fee payable in two payments. A 50% deposit is required before any work begins and the remaining payment when final logo design is approved but before it is delivered. The remaining 50% is payable not more than 15 days after the final design is approved and invoice sent. The client understands that the final design belongs to QDS Jamaica until paid in full.

The client understands that the final logo design belongs to QDS until paid in full. In the event of termination of this Agreement, QDS owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, QDS owns all the logo design concepts created before the final logo 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 QDS reserves the right to display the logo for business promotional use.

Consequences of Non-Payment: QDS Jamaica reserves the right to suspend work and/or withhold issuing any project files if invoice payments are not received within a reasonable period of time from invoice date. If payment is not made within 20 days, Interest is of 5% of outstanding amount will be added every 7 days, starting from 21st day after the date of the invoice.

Originality: QDS affirms that our logo 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 QDS’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Termination: You, the client, have the right to terminate this Agreement if, QDS fails to complete the Logo within 20 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 20 days, QDS shall retain the deposit. Upon written or verbal cancellation, you, the client, are responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by QDS. Should you cancel the project following its completion, you are responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, QDS retains ownership of all copyrights and original work created.

Performance Liability: QDS 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 QDS 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 QDS 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 via email 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.

Responsibilities: You, the client, are responsible for providing text and images for the project. QDS is not responsible for writing or editing any text copy unless specified in the original estimate. If you require QDS to write new content or edit text, QDS will provide a separate estimate for that. QDS is not responsible for sourcing images unless specified in the original estimate. If you require QDS to source images, QDS will provide a separate estimate for that.

Concepts: 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 QDS’s current hourly rate.

Within 5 business days of receiving your company information and deposit, QDS will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated.

Client Approval: You, the client, will approve and proofread all final designs, type, press proofs. QDS Jamaica will make all efforts to ensure that no information is misrepresented. However, you the client assume all responsibility for content. Client’s approval of all tangible materials and artwork will be assumed after the work has been submitted to client for review, unless client indicates otherwise in writing. Upon acceptance of the Work, the client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) QDS is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the client.

File Delivery: After the final design is approved, the design is sent to you as downloadable digital files (.jpg, and .pdf, graphics file formats). If native files are required, these can be purchased at an additional cost of USD$100.

Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. QDS 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 QDS 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 register copyright in the design and/or seek trademark.

Payment: In return for graphic design services, the client agrees to pay the total fee payable in two payments. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered. The remaining 50% is payable not more than 20 days after the final design is approved and invoice sent.

The client understands that the final design belongs to QDS until paid in full. In the event of termination of this Agreement, QDS owns the print design and has the right to complete, exhibit, and/or sell the design (not including business name). Furthermore, QDS 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 print design in all media useful for business promotion and that QDS reserves the right to display the print design for business promotional use.

Consequences of Non-Payment: QDS Jamaica reserves the right to suspend work and/or withhold issuing any project files if invoice payments are not received within a reasonable period of time from invoice date. If payment is not made within 20 days, Interest is of 5% of outstanding amount will be added every 7 days, starting from 21st day after the date of the invoice.

Originality: QDS 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: The price of any photos purchased by QDS for inclusion in the client’s website will be billed to the client and photos may be used by client in multiple, separate projects.

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

Termination: You, the client, have the right to terminate this Agreement if, QDS fails to complete the print design within 20 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 20 days, QDS shall retain the deposit. Upon written or verbal cancellation, you, the client, are responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by QDS. Should you cancel the project following its completion, you are responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, QDS retains ownership of all copyrights and original work created.

Performance Liability: QDS 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 QDS 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 QDS 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 via email 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 QDS 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 honoured 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. If the client requires QDS to write text for the web pages, QDS will provide a separate estimate for that.

Stock Photography: The price of any photos purchased by QDS for inclusion in the client’s website will be billed to the client and photos may be used by client in multiple, separate projects.

Web Browsers: QDS will verify the design and functionality of all websites on the following internet browsers: Internet Explorer 9, 10 and 11, current versions of Chrome, Firefox, 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 QDS’s current hourly rate.

Completion Date: QDS agrees to complete website projects within a timeframe agreed upon with the client.

Delays: Illness, injury, or other events beyond QDS’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 website design is approved but before it is delivered. Returned cheques will results in a return-cheque fee of USD$30.00. The client understands that the final website design belongs to QDS until all invoices are paid in full. In the event of termination of this Agreement, QDS 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 QDS reserves the right to display the website for business promotional use.

Delinquency: QDS reserves the right to remove web pages from viewing on the Internet until final payment is made. If payment is not made within 20 days, Interest is of 5% of outstanding amount will be added every 7 days, starting from 21st day after the date of the invoice. If case collection proves necessary, the client agrees to pay all fees incurred in that process.
Performance Liability: QDS 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 QDS 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 QDS has been advised of the possibility of such damages.

Copyrights and Trademarks: The client represents to QDS and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to QDS 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 QDS 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 signing your name here and clicking the agreement box, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business

 

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