POLICIES, TERMS & CONDITIONS
CLIENTS DESIRING TO UTILIZE SPARROW INK DESIGN'S CREATIVE SERVICES HERETO AGREE TO THE FOLLOWING:
I. POLICIES
A. Work will not begin until a signed agreement and deposit is received.
B. Sparrow Ink Design will not work-for-hire.
C. Sparrow Ink Design will not work on speculation.
D. Sparrow Ink Design will not accept non-compete agreements.
E. Sparrow Ink Design will not accept all-rights terms (or buyouts).
F. Sparrow Ink Design enforces a minimum of $65 per project (excluding retainers).
G. A proper estimate takes research and time. Estimates will not be given on the spot.
II. PAYMENT TERMS
A. Preferred payment method is via the “PAY INVOICE” button on the email from Square Invoice you will receive. A link to a itemized invoice may be provided if necessary for your records.
B. For non-hourly projects, a 50% non-refundable deposit and signed agreement is required before work begins. The remaining balance will be invoiced upon completion of the project and is due on receipt.
C. For hourly projects, a deposit of $250 or an amount equal to 50% of the total estimated cost of each project may be requested prior to execution of the project.
D. Payments are due on receipt (within 5 business days) unless otherwise noted on the invoice. An invoice will be considered outstanding after 5 business days.
E. Invoices not paid within 15 days are subject to a 5% monthly finance charge added to the total amount owed.
F. After 5+ days overdue, Sparrow Ink Design will cease all services and all projects will be placed “On Hold” until payment is received including applicable late fees.
III. AVAILABILITY
A. Sparrow Ink Design is available during defined working hours Monday-Thursday 9:00 am to 4:00 pm Central. Fridays are administrative days for Sparrow Ink Design. Please be aware that the Sparrow Ink Design’s family needs come first and available hours are subject to change.
IV. COMMUNICATION
A. Preferred communication is by email, followed by scheduled phone calls or meetings. Most other times you can leave a voicemail or send a text requesting a call and Sparrow Ink Design will follow up within 1 business day if not sooner.
B. Quick questions can be answered by text message. If the answer is not simple, a phone call, email, or meeting may be requested.
C. All task requests should be provided by email or via online request form. If a task or project is extensive a scheduled phone call or meeting should be arranged. Effort should be made by the Client to collect and deliver all required materials and information when making a task request. Sparrow Ink Design reserves the right to hold off on project development until all information and materials are received.
V. ESTIMATES
A. Project estimates are valid for 90 days from the date of the estimate. Project may be re-estimated if, upon receipt of all project elements, Sparrow Ink Design determines the scope of the project as been altered dramatically from the originally agreed upon concept.
B. Printing costs, if applicable, will be estimated separately and payment arrangements made based on printing needs.
VI. SHORT NOTICE, RUSH, HOLIDAY & WEEKEND REQUESTS
A. Sparrow Ink Design’s business model is such that planning takes precedence. On occasion, Sparrow Ink Design may choose to work late or on the weekend to ensure projects are completed as needed, but this is not an expectation.
B. At the discretion of Sparrow Ink Design it may be necessary to implement a “Rush Fee” or “Priority Rush Fee”. If this is required, the Client will be notified prior to the start of any work to confirm that Sparrow Ink Design should continue on with the work for the “Rush Fee”.
C. Sparrow Ink Design will assess the size and scope of the project to determine attainableness and fees as follows:
1. Requests to complete small to medium sized projects in 24-48 hours or less from the time
all materials and information for that project are received, a rush fee of an additional 50% of the regular rate may apply in addition to the regular rate.
2. Requests to complete medium to large sized projects in 72-120 hours (3 to 5 days) or less from the time all materials and information for that project are received, a rush fee of an additional 50% of the regular rate may apply in addition to the regular rate.
D. Requests to complete projects during evening (after 4 pm) or weekend hours (Friday-Sunday) may incur a Priority Rush Fee of 100% of the regular rate in addition to the regular rate.
VII. TIME LINES
A. An estimated time line will be assessed on a project by project basis and agreed upon by Sparrow Ink Design and Client. Any delay in the completion of a project due to actions or negligence of Client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the Sparrow Ink Design, shall entitle Sparrow Ink Design to extend the completion/delivery date, upon notifying the Client, by the time equivalent to the period of such delay.
VIII. CLIENT RESPONSIBILITIES
A. Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. Sparrow Ink Design is not responsible for errors or omissions.
B. Client understands that Sparrow Ink Design is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Client understands that Sparrow Ink Design is a business with other Clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications on the part of the Client will not constitute an emergency for Sparrow Ink Design. Client understands that Sparrow Ink Design may require detailed clarification of projects in order to meet expectation and provide the best support and highest quality of work.
IX. DELIVERY
A. Upon completion and final payment, Sparrow Ink Design will release necessary deliverables of final art to the Client.
B. Original design, source, element files and artwork remain the property of Sparrow Ink Design. If the Client requests source files or elements, additional fees may apply.
X. RIGHTS OF OWNERSHIP
A. In Accordance with the Copy right Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by Sparrow Ink Design, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” is negotiated, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including reselling, reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding.
B. Sparrow Ink Design retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the Sparrow Ink Design’s business. Where applicable the Client will be given any necessary credit for usage of the project elements.
C. Once a project is complete and final payment made by the Client, Sparrow Ink Design will assign the reproduction rights of the design for the use(s) described in the estimate.
XI. INDEMNIFICATION
A. Client agrees to defend, indemnify and hold harmless (including payment of reasonable attorneys’ fees) Sparrow Ink Design, against any and all claims, judgments, costs, damages, losses, penalties, or liabilities which occur, arise out of or result from, in whole or in part, any activity related to this Agreement and the work provided herein. Client’s obligation to indemnify Sparrow Ink Design will survive the expiration or termination of this agreement by either party for any reason.
XII. REJECTION / CANCELLATION
A. The Client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the Client observes any nonconformance with the creative brief, concepts or drafts, Sparrow Ink Design must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to Sparrow Ink Design. Any usage by the Client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this agreement or in which Sparrow Ink Design may become a party by reason of this agreement.
XIII. RIGHTS OF REFUSAL
A. Sparrow Ink Deign will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
B. Sparrow Ink Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Sparrow Ink Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Sparrow Ink Design to remove the contravention without hindrance, or penalty. Sparrow Ink Design is to be held in no way responsible for any such data being included.
XIV. RETAINERS
A. Monthly retainers provide ongoing creative services at a discounted rate up to the number of hours agreed upon by the Client in the Retainer Agreement. Additional specific terms for retainers are as follows:
1. Payment for the following month is due no later than the 30th day of each month the agreement is in force. (i.e. February’s payment is due by January 30th) Payments rendered are considered fully earned and non-refundable. If payment is not received by the 30th, all services and projects will be placed "On Hold" until payment is received including any applicable late fees.
2. Sparrow Ink Design agrees to devote up to the agreed number of hours per month and reserves the right to stop work when all hours have been used.
3. Hours are billed in quarter hour (0.25) increments. When possible, smaller tasks will be consolidated for the benefit of the client.
4. Monthly hours are generally scheduled over the 4 week period (i.e. a 20 hour monthly retainer means roughly 5 hours a week are set aside). It is incumbent upon the Client to schedule their projects and utilize the retained hours appropriately. It is not to be expected that Sparrow Ink Design will have the entire retainer set aside in the latter part of the month without prior agreement and appropriate scheduling of projects.
5. Short notice, evening, holiday and weekend requests may be subject to late fees. (See section VI. SHORT NOTICE, RUSH, HOLIDAY & WEEKEND REQUESTS)
6. Unused hours are not carried over; it is incumbent upon the Client to utilize their retained hours each month. If Sparrow Ink Design is unavailable due to vacation or illness, an agreement between the Client and Sparrow Ink Design will be made for fair compensation.
7. Hours needed in addition to retained hours per month may be provided at an extra 10% increase to the hourly retainer rate. Additional hours are subject to the availability of Sparrow Ink Design’s schedule.
8. A Retainer Agreement may be terminated by either party for any reason within 30 days advance written notice of intent to cancel. Retainer fees are due in full for the intended month of cancellation if proper notice is not provided.
9. The number of monthly hours retained by the Client may be changed with termination of the current Retainer Agreement with 30 days advance notice. At that time, a new Retainer Agreement will be agreed to and signed by both parties.
