Cultura Design Terms
These terms are provided as a reference only. Complete terms applicable
to your project will be provided in your contract.
Price and Payment Terms
Projects are billed by-the-project depending on the scope of the work.
Projects are generally billed in 50% increments. Specific fees and terms
will be detailed in your project estimate. Invoices are due upon receipt
unless otherwise noted or arranged. Fees are non-refundable.
Project Cost Estimates
Cultura Design makes an effort to be as accurate and complete in their
project estimates. If it is necessary to go beyond the time allocated then
Cultura Design will notify you in advance. This happens only in the case
where excessive changes are requested by the client. Additional time if required
is billed hourly at a rate of $75 for graphic design services and $95 for
Web design and programming.
Our estimates typically include:
- Meeting 1—information gathering meeting.
- Meeting 2—presentation of comps to client. 2 or 3 design options
(called comps). If more, or less, options are desired please let Cultura
Design know and the estimate will be adjusted. During this meeting the
client and the designer(s) discuss these options and make decisions as
to the direction of the piece. Based on these decisions, or revisions,
the designer completes the layout and presents the final piece to client
for approval.3.
- Meeting 3—presentation of revised layout for final client approval.
Minor revisions are anticipated (1 round is included). Should
additional revisions be required depending on their level of complexity
they will be billed accordingly. Minor revisions will be charged at our
standard hourly rates. Major design or content changes will be
beyond the scope of the estimate and a revised estimate will need to be drafted.
- We usually provide printing management for most projects.Cultura Design’s
Printing management fee is 15% of the total printing cost. This fee includes
requesting at least 2 bids from 2 printers, dummy for printer, project specifications,
reviewing proofs, performing press checks (when applicable), and final quality
inspection before your project is delivered.
Approvals
Work in progress not yet approved by client beyond 30 days shall be billed.
Proof Approvals
The Client will be ultimately responsible for final approval of all proofs.
Cultura Design will coordinate this with you and request you to "sign off".
It is important to make all final corrections BEFORE the files go to the printer to avoid
delays and excess fees. Cultura Design is not liable for any final work approved
by client and released to printer.
Printing
Printing fees are the responsibility of the client. Cultura Design will serve as
an intermediary between you, the client, and the printer. Cultura Design normally
works with a select group of printers but will gladly collaborate with a client’s
favorite as long as they are technologically compatible and current. The designer's time
to oversee printing and to check proofs is billable if not included in estimate. If the
client chooses to oversee printing themselves there is no print management fee. But,
Cultura Design will not be responsible for the quality of print jobs it does not manage.
Proofreading
Designers are not trained proofreaders, and while every effort will
be made to ensure accuracy it is recommended that the client hire the services
of a professional proofreader BEFORE the job goes to press. Cultura Design
can gladly recommend one at a nominal rate ($30-40 hr).
Possible Billable Expenses
Out-of-pocket expenses may be subject to the industry-standard markup of 15% to
cover time and costs involved. The client will always be notified to approve any
expense over $30. The following is a list of possible standard expenses that
clients should be aware of:
- major revisions requested late in the design process
- royalty fees/usage rights for photographs or illustrations (if used)
- hiring a proofreader
- time for designer to check proofs & time on press (if not included in estimate)
- additional proofs and color outputs (beyond those included in estimate)
- high resolution image scanning (required for color printing)
- disks
- shipping and courier fees
Logo Research and Registration
Please note that Cultura Design does NOT offer or provide logo research or
registration services . An attorney is recommended for this complex service.
We do not assume responsibility or any liability in the event that a name,
slogan or design conflicts in any way with an existing name, slogan or design.
If this situation arises, we will provide adequate time at our expense to alter
the logo in such a way that it no longer conflicts. This may be done up to
9 months from completion of the original logo. It is highly advisable that
clients research and register their COMPANY NAME with the US Patent & Trademark
Office, by themselves or through a trademark attorney, and with their state
/ province, before proceeding with design services. The name should be thoroughly
researched to ensure there are no similar or exact names exist in the same
industry. This is not legal advice but a recommendation to ensure efficiency.
Copyright Ownership
Under U.S. copyright law, the designer is the owner of all files and artwork
created for the client, and client shall be the owner of the end product (i.e.
a printed brochure). Release of electronic files to the client is at the discretion
of the designer. Copyright ownership may be transferred for a flat fee via
a "copyright transfer" contract.
Clients Warranties
Client warrants that their supplied Properties (i.e. logos, images, etc.) will
not knowingly violate any law or regulations or infringe upon or violate the
copyright, trademark, or other proprietary right(s) or confidential information
of any third party, or violate any right of privacy. If these representations
shall be untrue or this warranty is breached, client agrees to hold harmless
Cultura Design, as well as any of its' officers, directors, employees and agents,
from any and all liability, damages, losses, claims, actions, judgments, and
costs, including attorney's fees, arising as a result of any infringement upon
the rights of a third party.
Liability Limit
Cultura Design’s liability for any job shall be limited to design fees
paid. Cultura Design cannot be held liable for any consequential or special
damages such as profit losses.
Project Termination
If at any time client chooses not to complete their project then designer shall
be compensated for all work to date.
Promotional Use
Cultura Design will retain the right to reproduce any design, artwork or layout
for promotional purposes only. If you do NOT want your project(s) to appear
in Cultura Design’s promotional materials please send a written request.
Client Satisfaction
Cultura Design thrives on repeat and referral business—most of our clients
have been working with us for a number of years and feel very comfortable referring
friends, colleagues and peers. It is a top priority that clients' expectations
are not only met but exceeded. |
