TERMS & CONDITIONS
Agreement between designer and business or individual.
The client is subject to the following terms and conditions:
GENERAL WORKING AGREEMENT: This document defines the terms and conditions of our working relationship. All projects or services that Midnight Boheme may be contracted to produce or provide for you, the client, will be subject to the following:
WORKING/BILLING PHASES: Based on our experience with long-term design communication projects, we have found that it is mutually beneficial to handle each project in logical working/billing phases.
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits Midnight Boheme or the client to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were actually completed by Midnight Boheme.
For each project, the client will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of-pocket expenses.
Midnight Boheme will begin work upon client's approval of the estimate. Approval (written or oral) will constitute an agreement between us.
PAYMENT/ESTIMATES: Client agrees to pay Midnight Boheme in accordance with the terms specified in each proposal/estimate. Client is required to pay 50% of the project cost before work can begin.
Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is 18% per annum or 1.5% per month. Midnight Boheme reserves the right to refuse completion or delivery of work until past due balances are paid.
ESTIMATE: Billing will reflect the actual costs incurred. Valid for only 30 days from date on estimate. Client requested changes will be billed additionally. The client will be notified of any price changes.
REVISIONS AND ALTERATIONS: New work requested by the client and performed by Midnight Boheme after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, Midnight Boheme will submit a proposal revision memo to the client, and a revised additional fee must be agreed to by both parties before further work proceeds.
ERRORS AND OMISSIONS: It is the client's responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Midnight Boheme is not liable for errors or omissions.
RIGHTS OF OWNERSHIP: Once a project has been delivered by the designer and is fully paid for by the client, Midnight Boheme will assign reproduction rights of the design for use(s) described in the proposal.
According to the Copyright Law of 1976, the rights to all design and artwork, including but not limited to photography and/or illustration created by independent photographers or illustrators retained by Midnight Boheme, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator.
Midnight Boheme reserves the right to distribute or publish for the company’s promotional and marketing needs any work we create for the client, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media. Midnight Boheme agrees to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
TERM AND TERMINATION: The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result.
Upon termination of this agreement, Midnight Boheme will transfer to the client all property and materials in our control and for which you have paid. The client will indemnify and hold Midnight Boheme harmless for any loss or expense (including attorney’s fees), and agree to defend Midnight Boheme in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to, assertations made against the client and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
PRODUCTION SCHEDULES: Production schedules will be established and adhered to by both the client and the designer Midnight Boheme, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the client or the designer. Where production schedules are not adhered to by the client, final delivery date or dates will be adjusted accordingly.
ADDITIONAL PROVISIONS: The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Louisiana applicable to agreements entered into and performed in the State of Louisiana. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.