Terms of Service
Cancellation
In the event of Cancellation of this project by the Client, any payments made prior to cancellation shall be retained by Foilrose Studios. In addition, if cancellation is prior to the delivery of the Design Concept, a cancellation fee of fifteen percent (15%) of the balance of the Total payments shall be paid by the Client. If the cancellation is later but prior to the delivery of the Final Version, the cancellation fee shall be fifty percent (50%) of the balance of Total payments. If the cancellation is after the delivery of the Final Version, the cancellation fee shall be one hundred percent (100%) of the balance of all remaining dues. Regardless of when the project is cancelled, all billable expenses already incurred by Foilrose Studios or Foilrose Studios is liable to pay for shall be paid by the Client in full. In the event of cancellation, Foilrose Studios retains ownership of all copyrights and any original artwork.
Time for Payment
Payment is due in full within thirty (30) days of the completed project. A 1.5% monthly service charge is payable on all overdue balances. Foilrose Studios retains all rights to all intermediate deliverables submitted. The grant of any license or right of copyright to the Client is conditioned on receipt of full payment by the Client of the Total amount and all Billable Expenses.
Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Client’s Alterations
There shall be no additional charges to the Client for revisions or corrections or additions made necessary by errors on the part of Foilrose Studios. Any other changes requested by the Client shall be considered Client’s Alterations if they are requested after the acceptance of the Design. Any changes and additions not due to the fault of Foilrose Studios and requested by the Client before the approval of one of the Designs are not considered Client’s Alterations. The Client shall be responsible for making additional payments at the rate noted herein for any Client’s Alterations and any other changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer Foilrose Studios the first opportunity to make any changes.
Ownership of Artwork
All services provided by Foilrose Studios under this Agreement shall be for the exclusive use of the Client. The Client acknowledges and agrees that Foilrose Studios retains ownership of all original artwork, in any media, including digital files, whether preliminary or final. The Client waives the right to challenge the validity of Foilrose Studios ownership of the art subject to this agreement because of any change or evolution of the laws. Upon full payment of all fees and expenses, reproduction rights for all approved final designs created by Foilrose Studios for this project shall be granted.
Foilrose Studios retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, on-line posting on Foilrose Studios website and physical portfolio. Where applicable the Client will be given any necessary credit for usage of the project elements.
Copyright Protection
The Client must protect all final art which is the subject of this agreement against duplication and alteration. Foilrose Studios is not responsible for any wrongful duplications or alterations made to the final artwork once the artwork has been delivered.
Credit Lines
Foilrose Studios and any other creators shall receive a credit line with any editorial usage.
Billable Expenses
The Client shall reimburse Foilrose Studios for all direct and indirect billable expenses arising from this assignment, regardless of whether the assignment is Cancelled or Terminated. Billable Expenses include but are not limited to costs of commissioning images or subcontracting talent, software or run-time license costs, the payment of any sales tax due on this assignment, any travel, research, postage and delivery, photocopying, and storage media expenses. All billable expenses will be submited and approved in writing by both parties before being billed.
Stock Components
Foilrose Studios may use “Stock Components” (photography, motion clips, and sound), whether royalty free (RF) or rights managed (RM), to provide or achieve a certain look and feel in the project. The Client has the right to refuse to purchase any stock components with the full knowledge and understanding that the removal of these components may possibly change or alter the aesthetics of the project. At the same time, the project will not contain any unapproved and un-paid stock components when delivered or prepared for production.
A Proof Approval Form as well as a written email will notify and show the Client the changes caused by the removal of all unapproved and/or un-paid stock components. Foilrose Studios has the right to remove all stock components that have not been purchased and can deliver the rest of the Client final-approved-project once the agreed Payment Schedule has been fulfilled.
It’s agreed by both Foilrose Studios and the Client that all approved stock components must be purchased by the Client before the project is completed for print production, delivery or web publishing. The Client will assume responsibility and ownership of all purchased stock components (whether RF or RM) used in the project.
After the project has been delivered for production or to the Client, Foilrose Studios will not be held liable or responsible for any unlawful use/alteration of stock components if such use/alterations are executed by another party or individual.
It is the Client’s responsibility to maintain and uphold the rules and regulations that pertain to any used stock components within the project or design(s). For more information regarding RF and RM licensing and their use, please review the terms & conditions found on the stock suppliers website(s).
Production Schedule/Delivery of Project
The Client will assume any printing, hosting, binding, shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the Client.
Foilrose Studios shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of Client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Foilrose Studios. If such event(s) occur, it shall entitle Foilrose Studios to extend the completion/delivery date, by the time equivalent to the period of such delay.
Third Party Shipping
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, Foilrose Studios will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
Proofing of Final Project
Foilrose Studios shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the Client. It is agreed that it is the Client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. Foilrose Studios will provide a “Proof Approval Form” with every revision requested by the Client.
In order for the product to be delivered, Client must provide Foilrose Studios a signed “Proof Approval Form” stating the project is “Completed, As Is” for final production/delivery.
If the Client fails to provide the “Proof Approval Form” signed, Foilrose Studios holds the right to stop/hold the project no matter what its previously agreed/set deadline or schedule. It is agreed that Foilrose Studios is not responsible or held liable for any errors contained in the final product after the final product has been committed/approved by the Client to print or posted in view of the public.
Confidentiality
All correspondence and documents provided will be treated as confidential between the Client and Foilrose Studios, unless consent has been granted by both parties involved.
Design Services
Identity & Branding Design
- Logos
- Business Cards
- Letterhead/Envelope
- Brand Management
Print & Graphic Design
- Brochures
- Product Packaging
- Annual Reports
- Newsletters
- Illustrations
Web & Media Design
- Website Design
- Flash Animation