Terms and Conditions
The following terms and conditions outline Gliffen Design relationship with our customers. By continuing to do business with Gliffen Designs all clients have indicated that they have read and understand these terms and agree to be bound by them.
1.0 Billing Practices
1.1 Timelines
Gliffen Designs will send invoices to customer at the beginning of each month for work done during the prior month. All invoices are due upon receipt unless specific arrangements have been made otherwise.
In order to make everyone’s bookkeeping easier, Gliffen retains invoices that have a total billing value of less than $50. These smaller invoices will only be sent out at the beginning of January and July. If you wish to know if you have a small retained invoice, we will send the invoice at request.
1.2 Disputes
Clients are encouraged to bring up any questions, disputes or potentially billing errors within 30 days of invoices being received. Billing disputes after this time may or may not be adjusted at Gliffen Design discretion. Any billing errors will be corrected regardless of when they are found.
1.3 Deposits
Gliffen will require deposit payments ranging from 20% to 50% for all new client projects. We reserve the right to require a deposit on any project request. Deposit amounts will be applied to the first invoice.
1.4 Refunds
1.4.1 Graphic Design & Web Design
Payments for custom design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed the remaining deposit (if any) will be refunded to the client. However, any hours already spent regardless of whether they have been invoiced will be charged to the client.
1.4.2 Printed goods
All print orders are proof carefully internally. Proofs are then sent to client for review. Refunds on printed goods will only be given in the event a printing error happens that was not proofed and pointed out by the client. IN the event of a material defect Gliffen will work with the manufacturer to receive a refund and will pass that refund along to the client accordingly.
1.4.3 Non-refundable Fees
The following fees are non-refundable.
- All hosting and domain registration fees.
- Stock photography fees.
- Third party service fees.
- Hourly service fees.
2.0 Ongoing services and Cancellation
Gliffen provides many ongoing services for our clients including marketing, hosting and domain registration. Clients must notify Gliffen Designs in order to cancel any of these services that are being supplied. Once agreed to, Gliffen will assume client wants to continue with any of these services unless notified otherwise and client will be liable for any costs associated with these services.
All clients may cancel their project or ongoing services with Gliffen Designs at any time and without any prior notice. Client will still be liable for all service fees and expenses incurred through the date of cancellation.
3.0 Liability and Warranty
Gliffen has an extensive portfolio of successful projects which our clients have had access to so they can review the quality of our design and marketing. Gliffen Design offers no warranty or guarantee for fitness of use for any of our services or goods. We cannot offer any guarantee for success on any client project or marketing effort.
In the event of any lawsuit between Gliffen Designs and client, Gliffen’s limitation of liability to the client shall not exceed the fees and expenses paid to Gliffen by the client during the past 12 month look back period prior to suit being filed.
By working on any of Client’s projects Gliffen Designs does not accept any liability for any third party or consequential damages that arise as a result of the project.
4.0 Copyright and Ownership
Unless specific licensing terms have been negotiated for a project the following terms will be in effect. All work is NOT done as “work for hire” but as a project based service.
4.1 Graphic Design
Copyright ownership over any final graphic design works created for a client will pass along to the client once all fees have been paid to Gliffen Designs.
4.2 Photography and Videography
Copyright ownership over any photographs or video created for a client will pass along to the client once all fees have been paid for such shooting.
4.3 Web Application Development
The copyright ownership of all applications will remain with Gliffen Designs however, clients will be granted a lifetime license to the use and installation of any such programs. Client will have full transfer rights of their license but will be restricted from reselling the application or allowing it to be reverse engineered for the purpose of resale. All applications developed by Gliffen contain proprietary code that includes functionality for user management, security and database connectivity which constitute Gliffen’s intellectual property and which has significant value to Gliffen Designs.
4.4 Data ownership and security
Any data created by client or on clients website or any web application is and will remain the exclusive intellectual property of the client. Gliffen will in no way sell, distribute, analyze or review such data without prior consent by the client and on the client’s behalf. Furthermore, Gliffen will execute the same level of security in the protection of such data as it does to protect its own sensitive data.