TERMS FOR SERVICES
A Few Words About Estimates
All work performed by Bizy Does It LLC is custom work. Estimates for services are based upon the time estimated to complete the project specified on the estimate, during normal working hours. Any revisions or additions to the project beyond this estimate are billed as additional services at our quoted hourly rate. Overtime fees (usually to meet a tight deadline) are charged at 200%. (“Normal” working hours are 10am-5pm, Monday through Friday.)
It is important to understand that estimates are NOT quotations. Our services are invoiced by the hour at a rate of $45 an hour. We make every effort to stay within an established budget, although we rarely know exactly how long a project will take. Unless otherwise indicated in writing, our estimates DO NOT include revisions. Changes or additions to the scope of work will nearly always exceed the estimate. While we appreciate the need for spending limits, we do not work best while watching the clock. It is our deepest desire to design pieces that work well for you and that we are proud of. Please share any specific concerns you have about timelines, “must-haves” and budget, in advance of beginning the project.
Yes, You Have to Pay Us
We pride ourselves in working closely with you to ensure your projects are successful. We require a retainer fee of 50% before proceeding with a project, invoiced monthly, with the balance due at completion of the project. Overdue payments are subject to late fees. For your convenience, we accept checks, Visa, Mastercard, Discover and American Express.
Original Artwork Files
Original artwork files (Photoshop, Freehand, Illustrator, InDesign, Fireworks, Dreamweaver, etc.) belong to Bizy Does It LLC. Working out creative solutions, then laboriously preparing finished press-ready artwork or functioning websites is challenging, detailed, and complex work. It involves many proprietary tricks of the trade and a combination of talents, training, and experience. Because we are a service business, these procedures are our company’s competitive edge, integral to every job. To allow others to manipulate them minimizes our value, what we are selling, and the success on which our business has been built. We do not give our original working files to clients.
Terms & Conditions
Project. All work performed by Bizy Does It LLC (“Designer”) is custom work performed under standards and specifications stated in the Proposal. Unless otherwise stated, the fee quoted in the Proposal includes final art for production. The fee stated for graphic design and original work is based upon the time estimated to complete the services specified during normal working hours. THE ESTIMATE IN THE PROPOSAL IS NOT A PRICE QUOTE. DESIGNER DOES NOT PROVIDE FIXED-COST QUOTATIONS. Any revisions or additions to the services described herein shall be billed as additional services at the quoted hourly rate in addition to the fee estimate. Customer shall be responsible for all out-of-pocket expenses with respect to any changes in specifications or scope of work. There shall be a surcharge of fifty percent (50%) for any services requiring work to be performed outside of normal working hours by reason of any changes in specifications, scope of work or deadlines.
Delivery Date. Unless otherwise specified, the anticipated delivery date for the project is set forth in the proposal. Customer understands that Designer does not guarantee delivery on or before any particular date. Customer also understands that delivery dates are subject to a number of factors including timely delivery of materials by Customer, press availability and project scheduling.
Payment. Payment is due upon receipt of invoice. Unpaid balances after forty-five (45) days are subject to a $25.00 re-billing fee. Returned checks are subject to a $25.00 returned check fee. In the event that Designer must collect any unpaid or outstanding payment due, Customer shall be liable to Designer for all such collection costs, including reasonable attorney fees.
Ownership. All materials provided to Designer by Customer for the creation of the final work shall be considered Customer property and will be returned to Customer upon receipt of full payment for any and all fees and costs due to Designer. However, the ownership and rights in and attendant to original work, including, but not limited to, the final work, preliminary sketches, elements, drafts, designs, layouts, and other preliminary materials created by Designer shall remain with Designer. Customer shall have only the right to use said work as stated herein. Customer shall not be entitled to any digital files. However, Designer may, at Designer’s sole discretion, provide Customer with unmodifiable digital files for logos.
Grant of Rights. Upon receipt of full payment, Designer grants to Customer the right to reproduce and use the work delivered hereunder in connection with Customer’s business in Customer’s present territory without restriction as to time. Customer shall not have the right to sell any final work, nor shall Customer have the right to modify any final work, without the written permission of Designer. Customer’s right to such usage of the work as a whole shall be exclusive, except that Designer retains for itself, partners, its successors and assigns, the right to use all works produced hereunder in advertising as examples. All rights not expressly granted hereunder are reserved to Designer. If Customer wishes to make any additional uses of the work, Customer agrees to seek written permission from Designer, and make such payments as may be agreed to between the parties. Any agreement for additional uses of the work shall be subject to the terms and conditions herein.
Materials Provided by Customer. Customer agrees and warrants that all materials provided by it to Designer, for use or incorporation into the work specified hereunder, including photographs, artwork, names, trade-names, slogans, text and graphics, are either the property of Customer, or Customer has the right to use or include said materials in the work without infringing upon the rights of any other person or entity, and Customer agrees to indemnify and hold Designer harmless from and against any and all claims, losses or damages, including reasonable attorney’s fees and costs incurred in the defense of such.
Warranty. Designer warrants that all services will be performed in a workmanlike manner. Customer agrees to indemnify and hold harmless Designer, including payment of Designer’s attorney fees, in the event that any person makes any claim against Designer for any form of damages arising from or out of claims of infringement of copyright, trademark, servicemark, literary property rights, invasion of privacy, defamation, libel or any other form of claim based upon the work provided by Customer to Designer. Designer agrees to indemnify and hold harmless Customer, including payment of Customer’s attorney fees, in the event that any person makes any claim against Customer for any form of damages arising from or out of claims of infringement of copyright, trademark, servicemark, literary property rights, invasion of privacy, defamation, libel or any other form of claim based upon any material provided by Designer.
Termination. Customer reserves the right to terminate this contract before completion of work by Designer, by giving written notice thereof. Customer shall pay Designer for all hours expended on the project up to the date of termination at the quoted hourly rate, with a one-hour minimum, and shall also reimburse Designer for all out-of-pocket expenses incurred.
Disputes. Any controversies or disputes arising out of or relating to this Agreement, if they cannot be settled by the parties through direct discussion or, if the parties so agree, mediation under such terms and procedures as agreed to by the parties, shall be adjudicated in Circuit Court for Bayfield County, Wisconsin, applying the law of Wisconsin.
Entire Agreement. This work proposal and these terms and conditions constitute the entire agreement between the Designer and Customer, and supersedes any and all prior negotiations, correspondence, understandings and agreements. This work proposal and these terms and conditions may be amended only in a written instrument signed by Designer.
Revisions to Terms & Conditions. From time to time, these terms and conditions are updated to reflect current work practices and terminology. Customer understands that these terms and conditions are subject to change without notice to or further approval from Customer. Customer agrees to be bound by any changes to the terms and conditions.
TERMS FOR DOWNLOADED DIGITAL FILES
Downloaded content purchased through our online store is licensed for use with our Simple License terms.
The Simple License gives you the right to use any digitally downloadable item purchased through our online store in a personal or commercial project for yourself or a client, but the item cannot be resold or redistributed on its own, or used in a product offered for sale where the item contributes to the core value of the product being sold.
Here’s what the Simple License allows for each item:
If you’re still unclear about what is or isn’t allowed under the Simple License, please contact Bizy Does It.