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Terms and Conditions
Black Umbrella Design seeks at all times to provide a satisfactory and convenient experience for every client, one that you will want to tell others about. As a formality, our company conducts business in accordance with the terms below. Please take the time to look over this information and feel free to contact us with any questions.
Purchase Orders - A verbal request by the client is sufficient to begin work on most projects, but a dedicated purchase order may be required at the discretion of Black Umbrella Design.
Deposits - A 50% deposit requirement is customary for most orders.
Cancellations - Orders cancelled after work has commenced will incur a fee of 50% of the total quote, or will be billed at an amount proportionate to the completed work (not to exceed the original quote), at the discretion of Black Umbrella Design. Completed work will not be released until paid for.
Ownership Of Work Produced - All work paid for by the client is available at any time for use without restrictions imposed by Black Umbrella Design, provided that the account is current. However, no work will be released to clients with delinquent accounts, and work not yet paid for remains the property of Black Umbrella Design. A nominal fee may be charged for providing additional copies of past work. Please note that because a design may contain stock images or elements purchased under contract from third parties or which are common to other designs, Black Umbrella Design does not guarantee the eligibility of any design for use beyond that for which it was originally intended, nor do we guarantee the exclusivity of any portion of the design, except at the expressed request of the client prior to completion of the work.
Liability, Part 1 - Under normal working conditions, clients receive either a bitmap/thumbnail Proof or a PDF Proof of the final artwork prior to (or with) the release of the Production Files. As detailed in the information included with each emailed proof, it is the responsibility of the client to examine this proof for accuracy (spelling and copy errors, color correctness, graphic elements, and every other aspect of the design/file contents), and to inquire about anything that is in any way unclear prior to giving approval. Once approval is given on the Proof (or a Production File is accepted and used without a Proof having been supplied), the client or individual granting the approval or accepting the file assumes full responsibility for errors. Neither Black Umbrella Design and its principals and employees, nor any other person involved in the creation, production, or delivery of the files will be held liable for any loss or damages (general, direct, indirect, special, incidental, or consequential) arising out of the use of (or inability to use) the delivered Production File. Acceptance or use of the final Production File under any circumstances indicates that the client has read and agrees to the above terms.
Liability, Part 2 - In the event that the delivered Production File (as opposed to the final product produced by using the Production File, which Black Umbrella Design does not produce and cannot accept responsibilty for) is incorrect due to a specific, demonstrable variation from the Proof, liability on the part of Black Umbrella Design and its principals and employees is limited to a full refund for the cost of the artwork, or a free corrected file. When using a supplied Production File for production, it is the responsibility of the client to request and thoroughly review preproduction proofs from the manufacturer or printer. Neither Black Umbrella Design and its principals and employees, nor any other person involved in the creation, production, or delivery of the files will be held liable for any loss or damages (general, direct, indirect, special, incidental, or consequential) arising out of the use of (or inability to use) the delivered Production Files. Acceptance or use of the final Production File under any circumstances indicates that the client has read and agrees to the above terms.
Promotional Use of Past Work - Like many other businesses, Black Umbrella Design uses past work to promote our services. Unless covered by formal confidentiality agreements, please assume that any completed projects may appear on our website, in our portfolio, as examples or samples, or in various other promotional materials. However, any particular requests from clients on this matter will be promptly and fully observed.
Payment Terms - Payment for all design work and/or products is due upon delivery, except by special arrangement for clients with a record of prompt payment. Projects which have seen no activity for thirty days will be billed in an amount roughly commensurate with degree of completion, following a notice by email to the client.
At our discretion, clients may be required to provide a deposit or pay the full balance for an order prior to shipment/delivery. Any such arrangements will be disclosed and agreed to by the customer in advance of acceptance of the order. Payment of any invoice may be made by credit card at www.BlackUmbrellaDesign.com/payments
Late Payments - A 1.5% monthly service charge will be billed for late payments. Work will not be released or produced for accounts with past due balances. Clients with outstanding invoices more than 30 days late will be placed on prepayment terms.
Delinquent invoices are turned over for collection at 90 days, without exception. The collection agency will report non-payment to the three major credit bureaus: Equifax, Experian and TransUnion LLC.
Partial payments will not be accepted except by special arrangement. Payment of any invoice may be made by credit card at www.BlackUmbrellaDesign.com/payments
Ethics - Black Umbrella Design reserves the right to refuse to produce any work that we consider a violation of conscience. This includes, but may not be limited to, obscene language, base or pornographic material, any materials that promote hatred or gratuitously violent themes, or content that may be insulting or hurtful to others. Black Umbrella Design exists to be a community asset, not just to make a profit, and we will decline to participate in any project that we feel is at odds with that aim.
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