Property Rights. The elements of design work for the project remain the designer’s property whether or not the project is executed. If client chooses to terminate the website at any time in the future, SodaPopGraphics.com reserves the right to always retain both printed and online samples for promotional use
Approval of Final Artwork. The Client shall proofread and approve all final type before the production of artwork. Final proof will include artwork, size, shipping address and quantity. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork, drawings and other items prior to their release for printing, fabrication, or installation. SodaPopGraphics.com does offer proofreading, editing or copy writing at an additional fee. NO refunds or reprints are given after a final approved design has gone to print.
Rights. Other than for the promotional use of the Designer, all services provided by the Designer shall be for the exclusive use of the Clients said purposes ONLY. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all fees and expenses, reproduction rights for all approved final designs created by the Designer for this project shall be outlined in the original estimate. For further usage, price will be based on a case by case basis.
Ownership. All drawings, artwork, specifications, and other visual presentation materials remain the property of the Designer to show in printed or online portfolios for the length of the lifetime of the artist. All preliminary concepts and visual presentations produced by the Designer remain the property of the Designer and may not be used by the Client without the written permission of the Designer. Final artwork and concepts may not be given to other artists to alter, reproduce or post online in any way without express permission of SodaPopGraphics.com.
The Designer shall retain all artwork, drawings, and specifications, for which reproduction rights have been granted for a specified period from the date of the signing of this Agreement. Upon expiration of this period, usually lifetime of client, all such materials may be destroyed unless the Client has requested, in writing, that they be retained and agrees to pay reasonable storage charges. The Client shall have reasonable access to all such materials for the purpose of review. The specified time for the Designer to retain such materials shall be two years.
Credit. The Designer shall have the right to include a credit line with live link to SodaPopGraphics.com website on any website developed by SodaPopGraphics.com at the very bottom of each page or in any publication of the design by the Client. The Client shall not, without written approval, use the Designer’s name for promotional or any other purposes with respect to these designs.Any questions regarding this - please contact us.
Liability of Designer. The Designer shall take reasonable precautions to safeguard original or other materials provided by the Client. The Designer shall, however, not be liable for any damage to, or loss of any material provided by the Client, including artwork, photographs, or manuscripts, other than or on account of willful neglect or gross negligence of the Designer. Although SodaPopGraphics.com may recommend that the client utilize the services of various trades people, SodaPopGraphics.com shall have no liability for payment to these trades people, nor shall SodaPopGraphics.com have liability as a result of any services or product or materials by said trades people
Payment of Fees. Fees are due and payable on the following schedule: 75% deposit is due up front for tangible items such as print pieces (business cards, logos, letterhead, etc.). 50% upon completion for all other items. Payment in full is due before final website is uploaded, files are provided or printed materials are shipped out.
Termination. Either party may terminate this Agreement upon giving written notice to the other as specified below. Upon termination the Designer may retain any initial payment and the Client shall pay the Designer for all hours expended on the Project, up to the date of termination, at the Designer’s standard rates together with all other amounts due hereunder.
Refunds. Once a project has been designed in full according to the agreed upon project, no refunds are given after design has been approved. If more than the agreed upon number of layouts is provided along with revisions no deposit is refunded. If print color is poor, your order will be reprinted for you at no cost. Refunds for shipping and printing are not given.
Maintenance. After completion of a website project, maintenance is billed at an hourly rate of $50 and billed at the first of each month. Small text or link changes are provided free for the first month. Updates for your project should be turned in via email at least 1 week in advance.
NSF Fess. There is a $40 NSF (insufficient funds) fee for returned checks.
Late Payments. Payments not received by due date will result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid. Failure to make payment before 30 days will result in the disablement of your website until payment is made.
Hosting and Doman Registration Fees: Hosting and Doman fees will be billed annually and due 30 days after issue date. Failure to make payment before 30 days will result in the disablement of your website until payment is made. Late charges of $5.00 or 5% , whichever is greater, will be assessed on unpaid balances every 15 (fifteen) days.
Late Fees. Clients who consistently fail to respond to questions in a timely manner, do not supply needed information, or otherwise impair efficient workflow increase administrative time, waste retainer hours unnecessarily, and prevent Service Provider from working to optimum standards and servicing other clients in a fair and equal manner. Service Provider reserves the right to impose late fees and/or increase hourly rates of Clients who fall into this category.
Links. If showing your website or materials in our online portfolio, we will provide a link to your site or email if you like.
Soda Pop Graphics provides information on many topics. Some of this information is created by Soda Pop Graphics, and some of it is created by third parties. While Soda Pop Graphics aims to provide correct advice, and other information, Soda Pop Graphics does not make any warranty regarding the accuracy, reliability or use of any information served by Soda Pop Graphics.
Soda Pop Graphics may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. One of the primary purposes of cookies is to provide a convenience feature to save you time. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of Soda Pop Graphics.
Soda Pop Graphics collects the following categories of personally identifiable information: first and last name; home and other physical address, including street name and name of a city and town; email address; telephone number; social security number; and other demographic and personal information such as age, gender, education and interests. Soda Pop Graphics may share this personally identifiable information with the following categories of third party persons: any person or entity that the consumer has given permission; any third party affiliate, agent, service provider or business partner of such person or entity; any affiliate, agent, service provider or business partner of Soda Pop Graphics; any court, law enforcement agency or other investigator; any owner, successor or purchaser of Soda Pop Graphics or its assets.
Your privacy is important to us and we want you to have a safe and enjoyable online experience. We hope you find our services helpful.
What is project insurance through Soda Pop Graphics? We disclose a 30 - 60 day insurance policy (depending on what type of project you have completed with us) for our customers. This insurance document insures that we'll cover:
Items that are not included in your insurance – which can and will be charged at our hourly rate of $108 per hour:
If by chance another company outside of Soda Pop Graphics modifies any part of your website, be it front end or backend, we are no held liable for that. It is up to the customer at that time to discuss options of restoration if anything happens fail at that point. We require that if you have another team outside of Soda Pop Graphics modify anything on your site to let us know so that we can make documentation of it at that time.
Indemnification – The company shall, in no way, be responsible for the Client’s use of any Actions accepted herein (either affirmatively, or by silence), and the Client agrees to indemnify and hold the Company harmless from any claims or actions arising from the Client’s use thereof. Client agrees to indemnify and hold the company and its officers, directors, agents, affiliates, and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (a) for libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statue, ordinance, rule or regulation throughout the world in connection with any content provided by Client; or (b) arising out of any material breach by Client of any duty, representation or warranty under any agreement with the Company.
Miscellaneous: In the event a court is needed to settle a dispute over any contract the court in question will be a Missouri State court.
These polcies apply to each and every job with SodaPopGraphics.com 2004-2014