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1. Retaining Fee
A retainer fee of at least 10% must be paid before any work commences, a commencement fee may also be due.
Until full payment has been made, WINcustomers web Design retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. WINcustomers web Design retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.
Any images, text, audio or other supplied by the client are deemed to be copyright free and usable.
The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. The designer shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer. If such event(s) occur, it shall entitle the designer to extend the completion/delivery date, by the time equivalent to the period of such delay.
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, the designer will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
Claims for defects, damages, and/or shortages must be made by the client in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
Liability is limited to correcting defects, damages or shortages.
The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that the designer is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.
In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be returned and retained by WINcustomers Web Design, and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client.
WINcustomers Web Design reserves the right to cancel the project if the project is found to be illegal, immoral or alike at our total discretion.
All correspondence and documents provided will be treated as confidential between the client and the designer, unless consent has been granted by both parties involved.
The above details, specifications and conditions are hereby accepted. The designer is authorized to execute the project as outlined in this agreement. Payment will be made as proposed in the contract. This agreement is not valid until signed client and returned to the designer.