Terms and Conditions The terms and conditions stated here and listed below shall apply to all work performed by Greg Callaham Graphic Design on behalf of the Customer. Greg Callaham Graphic Design reserves the right to refuse any work for any reason. In addition, Greg Callaham Graphic Design reserves the right to change any of these terms and conditions at any time without notice. Any changes become effective immediately. By requesting design services, estimates, or by using this website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you have any questions regarding these terms and conditions, please contact us at 877-842-4734, or email us at Questions@GregCallaham.com.
Payment Payment is accepted via check or credit card. A non-refundable deposit of 50% of the total price of the project may be required before design work can begin. The remaining balance is due upon completion of the design work. The Customer will have the opportunity to approve additional charges should any occur as the work progresses. Payment in full will release print files for publication. All payments are due in the possession of Greg Callaham Graphic Design on or before the due date indicated on the invoice for the work. Any account with a balance past the invoice due date may be subject to late fees, typically $25 per invoice per 30 past due, and other penalties, including change to credit terms and/or credit hold on the customer account. A request for any design services constitutes a contract and commitment to pay for those services, and is binding as per the terms and conditions set forth on this page. A person who makes a request for any design service or services, and/or the organization the person represents, and/or the vendor for associated ad space, is responsible for payment of the invoice for the requested design services, at the sole discretion of Greg Callaham Graphic Design. All decisions regarding payments, credit terms, and account status are the sole discretion of Greg Callaham Graphic Design.
Credit When sufficient credit history is established the Customer may be eligible for credit terms of 30 days net. Late payments are subject to late fees. New invoice totals, including existing late fees, compound every 30 days. Late payment may result in a hold placed on all work performed by Greg Callaham Grpahic Design on behalf of the Customer until the Customer's account is brought up to date and/or in good standing. Failure to pay may result in the debt being turned over to a collection agency and/or reported to credit burueaus. All determinations of account status are the sole discretion of Greg Callaham Graphic Design.
Refunds and Discounts Greg Callaham Graphic Design, at its sole discretion, may offer a full or partial refund or a discount to the Customer under certain circumstances.
Cancellation of Work The Customer, at their discretion, may terminate further work on a project. In such an instance, all time spent on the project by Greg Callaham Graphic Design will immediately become due and payable in full. In certain instances, Greg Callaham Graphic Design may terminate further work on a project for any reason with or without notice. In such an instance, all time spent on the project by Greg Callaham Graphic Design will immediately become due and payable in full.
Turnaround Time Turnaround time varies by project. Greg Callaham Graphic Design strives to meet realistic deadlines set and agreed upon through clear communication with the Customer. Detailed organization on the part of both the Customer and Greg Callaham Graphic Design at the beginning of a project will result in fewer revisions and faster completion of the project. The amount of time the Customer takes to review a proof prior to requesting a revision or approving final art can and will affect turnaround time. Excessive review time will alter agreed upon deadlines. If the Customer has not provided text, photos, or any other content necessary for the completion of a design project within 30 days of delivery of a first proof or revised proof, the project will be cancelled and subject to the conditions set forth in this document regarding cancelled work.
Revisions A revision is a change to a concept or design once it is presented for review. Greg Callaham Graphic Design encourages the Customer to take as much time as he or she reasonably needs to deliver accurate feedback on a design. However, excessive review time will alter agreed upon deadlines (see Turnaround Time). If Greg Callaham Graphic Design is unable to contact the Customer and the Customer does not contact Greg Callaham Graphic Design within 30 days after a first proof or revised proof has been presented, then the project will be cancelled and subject to the conditions set forth in this document regarding cancelled work.
If requested changes to a concept or design are so extensive as to constitute a new concept or design different from the requested content and/or imagery as agreed upon by the Customer and Greg Callaham Graphic Design before beginning said project, the project may be subject to closure and a new project started encompassing the new concept or design, as determined solely by Greg Callaham Graphic Design. In such instances, the closed project will be treated as a Cancelled Project and all time spent on the project by Greg Callaham Graphic Design may immediately become due and payable in full before work begins on the new concept.
Errors Greg Callaham Graphic Design will not take responsibility for any copy or design errors committed on the part of the Customer. The Customer is encouraged to proofread all artwork carefully. In addition, Greg Callaham Graphic Design is not responsible for incorrect dates or misspelled words in files submitted by customer or jobs approved by customer upon design completion. Under no circumstances will a refund or reprint be honored for an error in files submitted by the Customer.
Office Hours Greg Callaham Graphic Design is open for business between the hours of 8:30 am and 5:00 pm eastern time Monday through Friday unless otherwise noted. The office is closed for standard holidays, vacation, and family emergencies. Greg Callaham Graphic Design will make the best possible effort to notify clients of times when the office will be closed for extended periods of time prior to closure. Any consultation or design work requested when the office is closed will be subject to billing at a rate of $160.00 per hour, with a two (2) hour minimum, at the sole discretion of Greg Callaham Graphic Design.
Liability Greg Callaham Graphic Design will not be held responsible for any loss or damage sustained by the Customer as a result of the use of materials created or supplied by Greg Callaham Graphic Design. All works created by Greg Callaham Graphic Design will be considered approved for use by the Customer prior to being released to the Customer for use in any way. The maximum liability of Greg Callaham Graphic Design under any circumstances shall not exceed the paid amounts relating to any respective order.
Approved Art Approval of artwork must be in writing and constitutes completion of the project. Only print-ready or digital display artwork becomes property of the Customer. No layered or editable files become property of the Customer, nor will they be transferred to the Customer or a third-party vendor. Any subsequent work to the project requested by the Customer after approval may result in additional charges to the Customer at the sole discretion of Greg Callaham Graphic Design. In this circumstance the Customer will be advised of any further fees before the work is undertaken. By approving the project in writing, the Customer assumes all responsibility for the subsequent usage of the approved work.
File Transfer When a projected is completed per the Customer's written approval and/or payment in full has been made as determined by the Customer's account status, Greg Callaham Graphic Design will transfer the print-ready or digital display file to the Customer, or the commercial vendor of their choice, in .PSD, .JPG, .EPS, and/or .TIF formats, via electronic file transfer. Non-electronic transfer of file may be subject to shippng and handling charges.
Copyright The print-ready art file generated by Greg Callaham Graphic Design for the Customer belongs to the Customer when payment in full is received. All work provided to the Customer by Greg Callaham Graphic Design is believed to constitute original work, and is prepared in good faith that it does not infringe on the rights of any other party. However, Greg Callaham Graphic Design cannot provide an explicit or absolute guarantee that any specific works do not infringe upon existing third-party rights, whether inadvertently, by coincidence, or otherwise. The Customer is hereby encouraged to further trademark or copyright the work through the legal process required in their location.
All preliminary work and materials produced by Greg Callaham Graphic Design for the purposes of developing any work for the Customer remain the sole property of Greg Callaham Graphic Design. This shall not include previously copyrighted materials supplied by the Customer. Any unauthorized usage of copyrighted materials created by Greg Callaham Graphic Design will be actively pursued and prosecuted to the fullest extent of the law.
The Customer unconditionally guarantees that any elements of text, photos, trademarks, or any other artwork furnished to Greg Callaham Graphic Design or requested for inclusion in any design project are owned by the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and the Customer will hold harmless, protect and defend Greg Callaham Graphic Design and its subcontractors from any claim or suit arising from the use of such elements furnished or requested by the Customer.
Greg Callaham Graphic Design may wish to use examples of developmental or final completed work prepared for the Customer as a part of our future marketing materials. Greg Callaham Graphic Design may also wish to use relevant sections of correspondence attributed to the Customer as reference or testimonial material. If the Customer does not wish for examples of such design work, reference, or testimonials, to be used in said marketing materials, the Customer must provide a written request for Greg Callaham Graphic Design to refrain from using the examples, references, and/or testimonials. Greg Callaham Graphic Design will acknowledge the Customer's request and refrain from using the material. If the material has already been printed or presented on the internet in some form then Greg Callaham Graphic Design will not use the material in future marketing materials. Any materials already printed or presented will remain in use.
Website Copyright All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to Greg Callaham Graphic Design or otherwise used by Greg Callaham Graphic Design with permission or as permitted by law. In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Greg Callaham Graphic Design. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.