Terms of Service

TERMS AND CONDITIONS

Rights and ownership Rights:

All services provided by the designer shall be for the exclusive use of the client other than for the designer’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:
• Client to gain full transferable rights to brand identity.
• Client to gain full license to reproduce works through commercial printers.

Ownership:

The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. Third party contracts: The designer may contract with other creative professionals to provide services such as web development, photography, and illustration. Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalized prior to project commencement, unless requested by the client at a later date.

Miscellaneous Samples:

The client shall provide the designer with samples of print design that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. The designer may use such copies and samples for publication, exhibition, or other promotional purposes. The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.

Confidentiality:

The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential. Indemnity: The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer. We appreciate your business.

Payments, Invoicing, & Quotes:

• All prices are standard. However depending on the overall details of the job and time line prices are subject to change.
• Quotes are good for 30 days from date on quote. Unless extraneous circumstance are presented.
• Approval of an invoice (written/oral/email) is require prior to work commencing. Full or partial payment of the invoice constitutes acceptance of all terms and will be regarded as an approval of the invoice(s).
• Invoices under $1000 require a payment of 100% and will be processed immediately upon acceptance of the invoice and the remainder of funds will be processed at job completion or 30 days whichever comes first.
• For initial work to begin, the client must pay the requested amount. No work will begin until requested amount is paid.
• Invoices above $1000 require a down payment of 50%, unless otherwise arranged between Boisson Media and the client, and/or unless following the terms mandated in the B.M.A. Client guidelines, and all payments will be processed immediately upon acceptance of the invoice and the remainder of funds will be processed at job completion or 30 days whichever comes first. The client must provide a credit card for work to begin.
• If work has begun, ALL MONIES PAID TO BOISSON MEDIA® ARE NON-REFUNDABLE for the projects that have been worked on!

Warranties:

• BOISSON MEDIA OFFERS NO GUARANTEES.
• Boisson Media will accept NO financial responsibility for any design related problems. (i.e. delays in the completion/printing problems/website hosting issues/etc).
• Any items provided to Boisson Media (logos, text, images, etc) for use in a design project, illustration, and or a website is assumed to be the property of the client or the client has permission to use these items. Boisson Media will not be responsible or held liable for any copyright or trademark infringement or any other misuse of any item provided by the client. The client assumes ALL responsibility legal or otherwise for all items provided to the artist and of the final art approved.

Boisson Media Alliance Retainer:

The present Retainer Client Rate is $100.00 per hour as of January 1, 2018.

Boisson Media Alliance Retainer Client Payment Schedule:

Following month’s labor must be purchased prior to that month. Labor is to be purchased at half base labor, as of January 1, 2015, base labor is $100.00. Client may purchase as many hours as desired. For each hour purchased, a Basic B.M.A. client must agree to a 3 month term to receive a discount 5% discount on base labor following the exhaustion of the retainer with a cap of 50%. E.G. Client purchases $500 of labor (10 hours) for a retainer, client receives 50% the base labor after exhausting the retainer. Should the client purchase $650 of labor (13 hours) for a retainer, the discount will not exceed 50%. Advanced B.M.A. clients must agree to a 12 month term to receive double the discount, instead of 5%, the client will receive 10% per $50, capping at the same 50%. E.G. Client purchases $250 of labor (5 hours) and receives a discount of 50% on the base labor.

Cancellation for Boisson Media Alliance Retainer Client:

The B.M.A. retainer may be canceled. However, all due balances must be paid in full otherwise Boisson Media retains ownership of all developed products. All use must be ceased and product must be returned to Boisson Media. Upon satisfying the balance, there will be an Early Termination Fee of $50 for each of remaining months. For example; You have 9 months remaining, you will then have an early termination fee of $450.

Boisson Media Alliance Retainer Payments:

• B.M.A. payments are scheduled for the first of the month unless otherwise indicated within this document.
• Clients will have a 7 day grace period from the first of the month to make a payment on B.M.A. retainers unless otherwise specified in this document.
• After 14 days of non-payment, Boisson Media reserves the right to remove any content and/or media that has not been paid for.

Boisson Media Alliance Retainer Client Late Fees:

• Clients that fail to make a payment on time or on a day agreed upon between Boisson Media and the client will lose their retainer discount, all labor charges will revert to Non-Retainer Client Rate. (E.G. Should you purchase 3 hours at $150.00 and fail to pay within the grace period, the new total will be based off of the base labor rate of $100/hr bringing the total to $300.00) and will receive a late payment fee of $150.00.
• Clients that fail to pay the balance due within 30 days after receiving the added late fees will have their balance sent to a collections agency.
• Clients that fail to pay the Boisson Media or the collection agency within 90 days of the balance being sent to the collection agency, Boisson Media will seek civil action. The client will then be solely responsible for all legal and court fees.

Non-Retainer Client:

The present Non-Retainer Client Rate is $100.00 per hour as of January 1, 2018.

Non-Retainer Client Payment Schedule:

The client will make a 50 percent deposit based off of the estimated and/or projected total amount prior to work commencing. The project can be scheduled once the deposit is received by the designer. The deposit is non-refundable. The remaining 50 percent is payable to the designer upon completion of the project, and before original artwork is supplied to the client.

Cancellation for Non-Retainer Client:

If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 180 days, the project will be canceled, by the designer in writing, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost.

Non-Retainer Client Payments:

• Clients will have a 7 day grace period from the due date to make a payment of at least the present balance due.
• After 14 days of non-payment, Boisson Media reserves the right to remove any content and/or media that has not been paid for.

Non-Retainer Client Late Fees:

• Should the Client fail to make a payment on time or on a day agreed upon between Boisson Media and the client will be subject to a late fee of $150.00.
• Should the Client fail to pay the balance due within 30 days after receiving the added late fees will have their balance sent to a collections agency.
• Should the Client fail to pay the Boisson Media or the collection agency within 90 days of the balance being sent to the collection agency, Boisson Media will seek civil action. The client will then be solely responsible for all legal and court fees.

Termination of Retainer Client & Non-Retainer Client Status By Boisson Media:

All balances will become immediately due. Any work that is being used is required to be returned to Boisson Media until full payment of balance has been satisfied. Websites, commercials, and advertising campaigns that are active are to be terminated and/or suspended until the balance has been satisfied.

Traveling & Transportation:

Boisson Media charges an initial fee of $50 for travel outside Central Kitsap. (The area between Poulsbo and Bremerton.) For every hour of travel, which will be billed as a flat rate, of $25 per hour traveled. Travel via 3rd Parties such rail, bus, taxi, & airlines must be paid by the client prior to travel. Unless the client and Boisson media have come to an agreement that differs from what is listed above. Any travel must be paid prior to traveling. Traveling fees will be charge for both directions to and from site. Traveling expenses are non-refundable.

Bartering:

Boisson Media is open to bartering. So long that both parties are in mutual agreement to the terms and that the value of whichever bartered does not exceed 50% of the project cost. Additionally, the bartered items cannot be used as the deposit for work to begin. The percentage however may be adjusted to Boisson Media’s discretion at any time for any reason. The outcome must be converted to a dollar value and listed within the open invoice for proper compensation. The invoice featuring the barter must contain the signature and printed names of both parties including date, time, and location. Failure to comply results in the agreement being null and void. Should the Client fail to uphold their end of the bargain will be dealt with as so. Should the client fail to uphold their end of the bargain they will be billed at the present full labor rate for hours utilized including 50% of the decided value for the bargain. Non-payment for tangible work installed on the businesses location may result in a lien – this is subject to Boisson Media discretion. In order for any work to begin, a non-refundable deposit of at least 25% of the projected cost must be paid.

3rd Party Services:

3rd Party Services are defined as; A third-party logistics provider is a firm that provides service to its customers of outsourced (or “third party”) logistics services for part, or all of their supply chain management functions. Services that would fall under a 3rd Party Service would be; shipping companies, printing companies, web hosting companies, and any company that is not directly owned by Boisson Media.

Discounts on 3rd Party Services:

There are no discounts on 3rd party services unless otherwise negotiated and listed in the section; “Agreement Customizations”.

Mediation/Arbitration:

Any controversy or claim arising out of or relating to this Agreement shall be settled by mediation or arbitration in Kitsap County, Washington.

Severability:

If any term or provision of this Agreement should be declared invalid by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall remain unimpaired and in full force and effect.

Jurisdiction:

This agreement shall be governed and construed in accordance with the laws of the State of Washington.
Binding. The provisions of this Agreement shall be binding upon and inured to the benefit of the heirs, personal representatives, successors and assigns of the parties.

Attorney’s & Legal Fees:

The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.

Agreement Customizations:

Any adjustments to this agreement shall be made within this category.
• Presently no customizations.

Revisions to this Document:

Revised: 01/01/2018. This document is subject to change by Boisson Media at any time for any reason.

Payments

Please make checks payable to:

Boisson Media

Acceptance of Terms:

By signing & dating below, paying this invoice, and/or providing approval to commence work you are agreeing to our Terms of Service.
Boisson Media reserves the right to refuse service to any person, place, or thing for any reason at any time.

Client:
Date: