Design Policies, Terms, and Conditions
For the benefit of our clients, and to promote consistent business practices, 3 Roads Media has created the following design policies. We ask that our clients review and consent to these policies before agreeing to work with us, as they apply to every one of our jobs. We will not knowingly enter into any contract whereby the other party’s terms conflict with the terms below.
Pricing
In accordance with industry standards, all of our work is done on an hourly basis. The client’s estimated project cost will be the number of hours we estimate it will take to complete a project multiplied by our standard $70 hourly rate. If, once a project is completed, we work fewer hours than estimated, we will credit the difference to the client.
Estimates
Prior to beginning work on a project, the client must review and approve a cost estimate, which details the expected amount of time and money a project will require. All invoices are prepared for the actual time spent on a design project. Actual time spent may differ from the amount quoted in the estimate. If a project will run more than 5% over the original cost estimate, we will notify the client and obtain the client’s approval before continuing work.
Estimates do not include out-of-pocket expenses, such as: courier service, postage, shipping, meals and lodging outside of the Denver metro area, telephone calls, and transportation.
For certain projects, estimates are only prepared after we receive a completed client design questionnaire. Unless otherwise noted, all estimates are valid for 30 days.
Payment
First-time clients must pay in advance for their first two projects with us. If either of these projects is over $1,000, we require a 50% advance deposit on the total amount. Once a client has paid in a timely manner for the first two projects, we will extend standard credit terms (net 15) for all projects under $1,000.
For all clients, projects over $1,000 require a 50% advance deposit.
For projects that require a deposit, the final balance is due either (1) immediately before a site goes live (for website projects) or (2) within 15 calendar days of the client’s final approval (for all other design projects).
Clients who pay invoices past the due date may have their credit terms adjusted. This decision will be made on a case-by-case basis.
Invoicing
Unless otherwise specified, invoices are due within 15 days of the invoice date. Invoices are delivered via standard mail, but may instead be delivered electronically in PDF format upon the client’s written request.
Invoices unpaid longer than 15 days from the invoice date may be assessed a 1.5% per month interest penalty. In the event an account becomes delinquent, we are entitled to all costs of collection, including reasonable attorney’s fees. In the event a late payment causes us to incur late fees or penalties from our suppliers, we reserve the right to collect these amounts from the client.
Scheduling
Notwithstanding any estimated completion dates present in a project estimate, 3 Roads Media will only allocate resources to your project or assign your project a start date after initial payment and (if applicable) a signed project agreement have both been received.
Abandoned Status
If a client should abandon a project by way of negligence an invoice shall be issued for the full amount of the original cost estimate, regardless of project status on abandonment. A client will be deemed negligent if he/she has not responded to repeated phone calls or email message for more than 30 days.
Meeting Time
The initial client meeting for each project is free of charge. Any additional meetings or consultations will be billed at an hourly rate of $70.
Printing
We offer two printing options for our clients:
3 Roads Media Handles Printing : For a service fee, 3 Roads Media will handle all aspects of the print process for you: getting estimates, prepping files to meet printer specs, submitting files, and talking with the printer to resolve any quality issues. Unless otherwise requested by the client, 3 Roads Media will select one of its preferred printing partners. Full payment on all printing orders is required in advance, before the order is submitted to the printer. Submission fees are a minimum of $20 for orders under $200 and 10% of the total printing cost for orders over $200.
Client Handles Printing : If the client elects to handle his/her own printing, 3 Roads Media will send client all the necessary design files. The client is responsible for sending us the proper print specifications. In the event we need to redeliver the design files because these specifications were improperly delivered, the client may be assessed a $20 fee. If the client elects to handle his/her own printing 3 Roads Media accepts no responsibility for the quality of the finished printed product. Our responsibility for the print project ends once we submit the files to the client, and any additional consultation regarding the printing of the project will be billed at $70 per hour.
3 Roads Media is not responsible for any printing errors or delays caused by our suppliers and partners.
Concepts and Revisions
Once payment is received, we create a number of design concepts and deliver them for the client’s review. Once the client has selected a preferred concept, he/she has the opportunity to suggest revisions. Revisions may be discussed verbally, but will not begin until we receive them in writing. With the exception of logo designs (which can be revised an unlimited number of times), all design work includes three revision rounds. Further revision rounds are billed at our standard hourly rate of $70.
Concepts not originally chosen by the client remain the property of 3 Roads Media, but can be purchased by the client at any time.
Proofs
Even if 3 Roads Media has been enlisted to provide copywriting or copyediting services, the client is ultimately responsible for checking design proofs to ensure they are free of spelling and grammar mistakes.
Proofs must be authorized in writing (electronic signature or email) prior to being submitted to the printer (or to the client if the client elects to handle printing). Revisions made after files have been sent to the printer are billed at our standard hourly rate ($35 minimum), and are added to printing costs or invoiced separately if the printing payment has already been received.
3 Roads Media will do its best to accurately reproduce color from client-submitted digital photos and layouts, but cannot exactly match color due to variations which are out of our control. We are not responsible for color variations between client-submitted materials and final, printed products.
Refunds
If the client has a substantial reason to be dissatisfied with the initial design concepts, the client is entitled to a complete refund. The client must request a refund, in writing, within 30 days of receiving the initial concepts, or the right to a refund is waived. Refunds will not be given after the client has chosen a concept or requested revisions. All designs completed by 3 Roads Media prior to the time a refund is given remain the sole property of 3 Roads Media. Refunds will not be given for printing, shipping, or taxes.
Cancellation
If the client elects to cancel a project after revisions have begun, 3 Roads Media will deduct the time spent on the project to date from the client’s deposit (if applicable) and refund the remainder. If this amount is greater than the amount paid by the client, 3 Roads Media reserves the right to invoice the client for the difference.
Copyright Disclaimer
The client represents to 3 Roads Media and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished by the client to 3 Roads Media for inclusion in the client’s design project are owned by the client, licensed for legal use to the client, or that the client has secured legal permission from the rightful owner to use these elements. The client further represents that he/she will hold harmless, protect, and defend 3 Roads Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Unless otherwise arranged, all stock photography is used under royalty-free license of 3 Roads Media. As such, the client has legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency.
3 Roads Media guarantees that the design elements provided to our clients are uniquely created by 3 Roads Media. When purchasing our services, the client understands that a design element provided by us may, by chance, resemble a copyrighted image or other symbol. If this is the case, we will redesign said element at no charge.
Design Materials Supplied by Client
The client is fully responsible for supplying us with all logos, images, text, and other design elements needed for the client’s design project. At the client’s request, 3 Roads Media will search for and provide stock photography, typefaces, and other design elements at our standard hourly rate, which are billed in addition to the original project estimate.
Ownership of Work
3 Roads Media retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received,, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of 3 Roads Media. 3 Roads Media may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, 3 Roads Media retains the right to display a small byline claiming design credit on works it produces.
Materials provided by 3rd parties (e.g., typefaces, website plug-ins) may be subject to other copyright limitations and remain the property of their respective owners.
Liability
3 Roads Media’s liability to the client for any type of loss on a project is limited to the design costs paid by the client for that project.
Outsourcing of Work
We reserve the right to hire subcontractors to perform certain work if we deem it necessary for successful completion of projects (e.g., web development).
Web Hosting
3 Roads Media will not be held liable for damages or loss of service caused by any 3rd-party web hosting provider.
Changes to These Terms
We reserve the right to change these terms at any time. Our clients will be notified via email of any changes to our policies at least one week (7 days) before they come into effect.
Revised 5 April 2008