TERMS OF SERVICE
To review the complete Terms of Service at the following address;
RIGHTS & 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 ownership of contracted works.
• Client to gain full transferable rights to brand identity.
• Client to gain full license to reproduce works through commercial printers.
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.
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.
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
• Payments are to be paid in full 30 days following completion unless otherwise negotiated.
• 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!
For payments by check, please mail to:
Attn: Matthew S Boisson
4126 NW Oliver Way
• 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.
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. RESPONSIBILITY FOR ALL 3RD PARTY COSTS ARE THE RESPONSIBILITY OF THE CLIENT. BOISSON MEDIA WILL PAY FOR 3RD PARTY SERVICES OR PRODUCTS, IF NEEDED, AS A CONVENIENCE BUT WILL NEED TO BE REIMBURSED.
DISCOUNTS ON 3RD PARTY SERVICES
There are no discounts on 3rd party services unless otherwise negotiated and listed in the section; “Agreement Customizations”.
Any controversy or claim arising out of or relating to this Agreement shall be settled by mediation or arbitration in Kitsap County, Washington.
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.
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 & 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.
ACCEPTANCE OF TERMS
By orally agreeing, signing, fulfilling the deposit, payment of 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.