Natasha Call (w/representation shown at www.Inspired Lemonade.com)
I am sure you use fair business practices...The Golden Rule...but, you may want to read these terms and conditions anyway...
Terms and Conditions
1. Introduction
1.1 These terms and conditions of business (“the terms”) govern every contract made between Natasha Call (w/representation shown at www.Inspired Lemonade.com) and "the client" for the supply of any product(s) and/or service(s) offered and agreed upon via telephone (or any verbal communication), email (or other message service such as Facebook or other), and/or written contractual agreement.
1.2 The terms prevail over any written terms and conditions of the client.
1.3 Any variation to the terms must be agreed in writing by Natasha Call (dba Inspired Lemonade).
1.4 All contracts between Natasha Call (w/representation shown at www.Inspired Lemonade.com) and the client will be governed by United States law and the parties agree to submit to the exclusive jurisdiction of the courts of the United States of America.
1.5 Natasha Call reserves the right to change these terms at any time.
1.6 If at any point the client(s) change the direction, structure, size, or alter their projects in any way other than the way they were represented during their initial consult and agreement, or if the client has given false representation of their project and/or details were not presented at the initial consult and agreement, Natasha Call reserves the fair right to challenge the initial fee quotation and adjust it according to the changes of the project(s). "Change"="Revision"="Alteration"="Diversion"
2. Price and payment
2.1 The client will pay Natasha Call (w/representation shown at www.Inspired Lemonade.com) the agreed upon fee – whichever is agreed at the time of instruction and any of the methods of contract listed in 1.1-1.6
2.2 Natasha Call (w/representation shown at www.Inspired Lemonade.com) reserves the right to add interest to any account outstanding after 30 days up to the maximum permitted by legislation.
2.3 Natasha Call (w/representation shown at www.Inspired Lemonade.com) will invoice the client after 28 days if feedback is not received to progress the clients project.
2.4 Invoices from Natasha Call (w/representation shown at www.Inspired Lemonade.com) to the client for supply of goods or services should be paid in full within 30 days of the invoice date via PayPal or check.
2.5 Natasha Call (w/representation shown at www.Inspired Lemonade.com) reserves the right NOT to release final files and/or product or service until payment has cleared through its bank.
2.6 Natasha Call (w/representation shown at www.Inspired Lemonade.com) Account details as follows:
PayPal Account: ntashacall@gmail.com
Name of Account: Natasha Call
Physical Address for Mailing of Checks:
Natasha Call dba Inspired Lemonade
727 North Channing Court
Saratoga Springs, Utah 84045
Note: any harassment at place of business, through email, or by phone for files that have not been paid for in full will result in prompt involvement with proper authorities. Unfortunately, this must be added because of experience with disrespectful and unlawful clients.
2.6 Natasha Call (w/representation shown at www.Inspired Lemonade.com) reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
2.7 The client will pay any expenses incurred by Natasha Call (w/representation shown at www.Inspired Lemonade.com) in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
2.8 Natasha Call reserves the right (without disclosing a reason) to cancel orders with clients and demand payment in full for work that has been done prior to cancellation prior to release of files or work completed. Unfortunately, this clause must be added because of experience with clients who have tried to use my services for free or who have not respected me verbally.
3. Ordering
3.1 Orders for work must be given in writing to Natasha Call (w/representation shown at www.Inspired Lemonade.com) by the client.
3.2 Not withstanding clause 3.1, if Natasha Call (w/representation shown at www.Inspired Lemonade.com) accepts a verbal order from the client. Natasha Call (w/representation shown at www.Inspired Lemonade.com) will not be held responsible for any mistakes (made by either party) arising from that verbal order and the verbal order will be adhered to in terms and conditions of a written contract.
3.3 Natasha Call (w/representation shown at www.Inspired Lemonade.com) reserves the right to refuse to accept any order.
4. Estimates
4.1 All estimates given by Natasha Call (w/representation shown at www.Inspired Lemonade.com) will be valid for 28 days from the date of estimate.
4.2 If the client’s final order changes from the original specification made for the quotation, Natasha Call (w/representation shown at www.Inspired Lemonade.com) reserves the right to vary the estimate.
4.3 Estimates assume that the copy, text, pictures, graphs, pie charts, tables and all other information received from the client are final and require no further amendment/alteration/change/revision unless specified in the estimate and therefore transferring to the contract.
4.4 Natasha Call (w/representation shown at www.Inspired Lemonade.com) will not touch up, improve or otherwise alter illustrations or graphs etc supplied by the client unless specifically requested to. Our hourly rates of $30.00 per hour will apply in all such cases.
4.5 Estimates assume that there will be a maximum of two sets of proofs (which includes all written material as well as visual material) and amendments/corrections/revisions for all work. There will be a maximum of two proofs of any graphic design or written material. Excessive authors amendments (in excess of two sets of proofs/changes) will be charged out at our hourly rate of $30.00 per hour.
4.6 Although we strive to work towards permanent working partnership with all of our clients, if we are asked to provide a competitive quote we will always seek to undercut a lower quote supplied by one of our competitors. All we ask is sight of the competing quote and any conditions which apply. This is inclusive of all services and products offered by Natasha Call (w/representation shown at www.Inspired Lemonade.com).
5. Turnaround times
5.1 It is up to the client to set themselves realistic timescales for the production of graphic design and/or printed work, along with all other creative services offered by Natasha Call (w/representation shown at www.Inspired Lemonade.com). In addition to weekends, holidays and the constraints of normal office hours, there are elements of the creative process which cannot be fast-tracked.
5.2 Where quoted, turnaround times are normal target times only and Natasha Call (w/representation shown at www.Inspired Lemonade.com) accepts no liability for failure to meet these times, but will always strive with pride to do so.
5.3 Where a client misses a time critical deadline, this may result in their work missing other deadlines in a time-line. We will use our best endeavors to minimize the adverse impact of missed deadlines – but the onus is on the client to meet agreed deadlines in the first place.
5.4 The estimated time-line for completion of the client's work is only an estimate and is subject to change. Again, we strive to take care of our clients within the time-frame estimated.
6. Uncollected work
6.1 If any items of work including prints and original files belonging to a client are not collected after 12 months of the requested work being done, Natasha Call (w/representation shown at www.Inspired Lemonade.com) reserve the right to dispose of such material.
7. Copyright, moral rights and consents
7.1 Natasha Call (w/representation shown at www.Inspired Lemonade.com) claims no copyright in material submitted to us for the purposes of fulfilling the clients instruction.
7.2 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Natasha Call (w/representation shown at www.Inspired Lemonade.com).
7.3 The client also warrants that no copyright or moral rights will be infringed by Natasha Call (w/representation shown at www.Inspired Lemonade.com) carrying out the requested work.
7.4 The client agrees to indemnify Natasha Call (w/representation shown at www.Inspired Lemonade.com) against all losses, damages, claims or expenses which Natasha Call (w/representation shown at www.Inspired Lemonade.com) may incur by virtue of any breach of the above warranties.
7.5 Clients should obtain the consent of any adult or, in the case of children, from the guardian or parent of the child, for the use, reproduction and/or printing of any photograph featuring that person. Additionally, the client should obtain the rights to any clipart or stock photos provided to Natasha Call (w/representation shown at www.Inspired Lemonade.com) for use. Natasha Call (w/representation shown at www.Inspired Lemonade.com) cannot be held liable for any infringement of privacy, or any damages arising from, the use of such photographs and/or stock or clipart.
7.6 The client agrees that Natasha Call (w/representation shown at www.Inspired Lemonade.com) may use their projects (minus those done for government facilities with Top Secret Only status as portfolio items to be displayed on marketing materials and on the web and client work performed. This includes all conceptual pieces.
8. Liability
8.1 The client must contact Natasha Call (w/representation shown at www.Inspired Lemonade.com), concerning the details of any Natasha Call (w/representation shown at www.Inspired Lemonade.com) invoice, or any complaint, within 7 days of the date of the invoice. Letters of complaint should be on the client’s letterhead and signed on behalf of the client by an owner/president of the firm, charity or organization.
8.2 The use by the client of any items which he/she regards as sub-standard will be deemed by Natasha Call (w/representation shown at www.Inspired Lemonade.com) as acceptance by the client that the item is fit for use and full repayment will be expected.
8.3 Natasha Call's (w/representation shown at www.Inspired Lemonade.com) liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Natasha Call (w/representation shown at www.Inspired Lemonade.com) for whatever reason;-
8.3.1 Will be limited to the replacement cost of the actual material and;
8.3.2 Natasha Call (w/representation shown at www.Inspired Lemonade.com) will not be liable for the cost of re-shooting or reprinting the material contained on the material and;
8.3.3 Natasha Call (w/representation shown at www.Inspired Lemonade.com) will not be liable for any loss or damage to the client or any other party including loss of income and;
8.3.4 It is the clients responsibility to insure against such loss and damage.
8.4 Natasha Call (w/representation shown at www.Inspired Lemonade.com) will not be liable for failing to complete any contract between Natasha Call (w/representation shown at www.Inspired Lemonade.com) and the client due to circumstances beyond Natasha Call (w/representation shown at www.Inspired Lemonade.com)’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
9. Results
9.1 It is not possible to guarantee the results of any press release, media placement effort, advertisement placement, graphic design, SEO, or any other service or product offered by Natasha Call (w/representation shown at www.Inspired Lemonade.com) and we don't pretend to be able to make guarantees. We do however strive to provide the best services and products to our clients.
9.2 Client may not hold Natasha Call (w/representation shown at www.Inspired Lemonade.com) liable for any undesirable results, for less than desirable results, for results less than imagined, or otherwise.
10. Media Lists
10.1 Natasha Call (w/representation shown at www.Inspired Lemonade.com) provides a general list following the distribution of a press release for a client. This list is a general list only and may not include all of the distribution information as that is proprietary. Clients and others outside of Natasha Call (w/representation shown at www.Inspired Lemonade.com) are not privy to the full distribution structure as that is proprietary information.
10. Discounts
10.1 It is not the policy of the company to give discounts, refunds or partial refunds.
11. Amendment
11. 1 These terms may be changes, amended or altered in part, or in full, without warning by Natasha Call (w/representation shown at www.Inspired Lemonade.com) It is the responsibility of the client, and his/her staff, to read and understand these terms and conditions.