“Developer”, “We”, “Us”
signifies an employee of SomiTech Solutions LLC.
“Client” or “You” references
the paying customer or stakeholder.
“Person(s)” or “Entity” refers
to anyone or thing other than SomiTech Solutions LLC.
PROPERTY RIGHTS: Any person(s) or entity shall NOT use SomiTech
Solutions LLC design graphics without our written consent or permission. Usually there is a fee (which will be
determined at any given time) to hand over the ownership of our work to other
person(s) or entity to profit from. The
elements of design work for the project remain SomiTech Solutions’ property
whether or not the project is executed.
If the client chooses to terminate the project at any time in the
future, SomiTech Solution reserves the right to retain the rights for usage.
We suggest you copywrite and
trademark your custom done artwork (i.e. company logo). Template job MAY NOT be copywritted as we
are the owners of these illustrations.
APPROVAL OF WORK: The Client
shall proofread and approve all final designs before the package is
submitted. The email verification of
the Client’s Representative shall be conclusive as to the approval of all
artwork, drawings, & other items prior to their release for printing,
fabrication, or installation. Once the
final artwork is approved and deliver, no refunds or rework are given. A new
contract will be drawn.
RIGHTS: Other than for the promotional use of the
Developer, all services provided by the Developer shall be for the exclusive
use of the clients said purposes ONLY.
Designs may not be used for other promotional items, website or printed
material without permission. Upon
payment of all fees & expenses, reproduction rights for all approved final
designs created by the Developer for this project may be outlined in the
original estimate. For further usage,
price will be based on a case-by-case basis.
EXPEDITED FEES: Any job that is pushed ahead of regularly
scheduled jobs for emergency purposes will have an automatic expedite fee of at
least 20% of the quoted price of the work.
This fee applies to but not limited to the following services: business
card designs, booklets, menus, brochures, flyers, website and software
application development.
OWNERSHIP: All drawings, artwork, specifications, & other
visual presentation materials remain the property of the Developer to show in
printed or online portfolios for the length of the lifetime of the artist. All preliminary concepts & visual
presentations produced by the Developer remain the property of the Developer
& may not be used by the Client without the written permission of the
Developer. Final artwork & concepts
may not be given to other artists to alter, reproduce or post online in anyway
without express permission of SomiTech Solutions LLC.
CREDIT: The
Developer shall have the right to include a credit line with live link to
SomiTech Solutions LLC website on any website or design graphic developed by
SomiTech Solutions LLC at the bottom of each page or in any publication of the
design by the Client. The Client shall
not, without written approval, use the Developer’s name for promotional or any
other purposes with respect to these designs.
LIABILITY OF DEVELOPER: The
Developer shall take reasonable precautions to safeguard original or other
materials provided by the Client. The
Developer shall, however, not be liable for any damage to, or loss of any
material provided by the Client, including artwork, photographs, or
manuscripts, other than or on account of willful neglect or gross negligence of
the Developer.
PAYMENT: Payment of Deposit is due to begin the project
outlined in your estimate. If you choose to terminate the contract at any given
time deposit is NON REFUNDABLE. This is
not negotiable. Deposit covers any initial work and consultation fees. NOTE: that SomiTech Solutions LLC reserves
the right to bill for any additional work performed by its developers that
exceeds the initial cost of deposit. The remaining bill is the responsibility
of the Client and payment is expected with 15 business days of the
invoice. We reserve the right to pursue
any legal actions necessary to collect overdue payments.
PAYMENT OF FEES: Fees are due & payable within 15 business days
of the invoice date. Payment schedule is handled on a case-by-case basis. Payment in full is due before final
pertinent information and/or materials are returned or provided to the client.
TERMINATION: Either party may terminate this Agreement upon
giving written notice to the other as specified therein. Upon termination, the Developer may retain
any initial payment & the Client shall pay the Developer for all hours
expended on the Project, up to the date of termination, at the Developer’s
standard rates together with all other amounts due hereunder. If you decide to take a break from the
project, for a period of at least 2 months, if there is no response or proper
co-operation from the Clients, the project is subject to termination by us.
SomiTech Solutions LLC reserves the right to collect any payments as necessary
at that time.
TIMELINES: After we receive the monetary deposit and the
initial consultation has taken place, we will provide you with an estimated
turnaround time. The turnaround time is
from the date we have ALL CONTENT FROM YOU.
Without content from you, the job cannot be fully understood or planned
out.
MAINTENANCE: After
completion of a website project, further maintenance is billed at an affordable
hourly rate. Consult SomiTech Solutions
for the current rate.
Policies/Terms and Conditions
apply to each and every job with SomiTech Solutions LLC 2008-2009.