Terms & Agreements
“The Client” agrees to pay a non-refundable 50% deposit of the quoted amount to commence any project, with the balance payable prior to delivery. If the work time exceeds 4 calendar weeks in duration, “The Client” agrees to a scheduled fee payment of the balance per milestone until the conclusion of the project, with any outstanding amount payable in full upon delivery. “The Client” agrees to pay balance of project or $125 per hour if project is left abandoned for over 30 calendar days to restart project.
- Refund is not allowed once two rounds of revisions are requested.
- Refund must be requested within 15 calendar days from date of order.
- Refund not applicable on domain registration fees.
- Refund not applicable for express service clients.
- Refund must be requested in writing.
- Refund not applicable on updates and add-ons on existing website.
Website design credit
“The Client” agrees to allow “Ralph Walker Designs“ to place a small credit on printed material exhibition displays, advertisements and/or a Ralph Walker Designs own website on the customer’s website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
“The Client” also agrees to allow “Ralph Walker Designs” to place websites and other designs, along with a link to the client’s site on “Ralph Walker Designs“ own website for self promotional purposes. If “The Client” wishes not to give design credit, must be negotiated between “Ralph Walker Designs” and “The Client”.
Availability of Materials, Logos, Graphics and other Collateral.
Customer agrees to make available to Designers, for Designers’ use in performing the services required by this Agreement, such graphical elements and materials as Customer and Designers may agree in writing for such purpose. Failure to provide Designers with Materials in the requested formats may result in additional delays or fees in addition to those stated in Exhibit A.
RALPHWALKERDESIGNS.COM is not a lawyer or law firm and does not employ any lawyers or legal counsel of any type. This website is for informational purposes only and does not give legal advice or substitute for consulting an attorney. Nothing contained herein shall constitute the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, including but not limited to the preparation of any contract or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined. Transmission of any information by and/or through RALPHWALKERDESIGNS.COM is not intended to create and receipt thereof does not create an attorney-client relationship. RALPHWALKERDESIGNS.COM makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites. Because legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, RALPHWALKERDESIGNS.COM recommends that all Members and/or Visitors discuss their particular situation with an attorney.
Any requested changes to the Specifications shall constitute additional editing and incur additional charges or fees. All additional changes must be submitted and approved by both parties in writing by approved Contract Change form.
This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorized representative of “The Client”.
From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project.The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $90 (plus GST if applicable) per hour will be payable.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the client by “Ralph Walker Designs“ may not take place before cleared funds have been received.
Any booking fees, design commencement fees, or progress payments are non-refundable.
It is agreed that “The Client” will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this submission on page 1. It is agreed that “Ralph Walker Designs” hereby assign to “The Client”, upon written confirmation of this submission, all rights title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work outlined in the Project Proposal. This granting of copyright does not extend to the use of design proposals submitted but not approved by “The Client” for the work outlined. Until final payment, “Ralph Walker Designs” full retains ownership of all artwork and website architecture. “Ralph Walker Designs“ reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
Ralph Walker Designs reserve the right to use stock images in the creation of designs if required. This cost is included in the Project Proposal.
Other than for the promotional use of “Ralph Walker Designs“ all services provided shall be for the exclusive use of “The Client’s” said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by “Ralph Walker Designs” shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of “Ralph Walker Designs“ till such time an agreement is in place. As part of“Ralph Walker Designs“ terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. “Ralph Walker Designs“ reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting “Ralph Walker Designs“ in print or digital media portfolios.
To the fullest extent permitted by law, [Purchaser/Visitor/Member] shall RELEASE, INDEMNIFY, DEFEND, and HOLD HARMLESS RALPHWALKERDESIGNS.COM from and against, and assume responsibility for, any and all claims, damages, losses, fines, civil penalties, liabilities, judgments, costs and expenses of any kind or nature whatsoever (including but not limited to interest, court costs and attorney’s fees) arising out of, in connection with, or in relation to the information, services, and/or products provided by and/or through RALPHWALKERDESIGNS.COM to [Purchaser/Visitor/Member] or any intended third-party beneficiaries of [Purchaser/Visitor/Member], regardless of whether or not the damage, loss or injury complained of arises out of or relates to the negligence (whether active, passive or otherwise) of, or was caused in part by, ralphwalkerdesigns.com
ERRORS AND OMISSIONS
– It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. DESIGNER is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for by CLIENT, DESIGNER will assign the reproduction rights of the design for the use(s) described in the proposal. According to 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 DESIGNER, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with DESIGNER and/or his/her authorized representative, 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 a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of
each project. We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
BINDING ARBITRATION AGREEMENT
The undersigned, who constitute all of the parties having an interest in the above-captioned action, agree to arbitrate their disputes through this binding agreement. In the event of a dispute, both parties agree to use an arbitrator from the American Arbitration Association that will reach a resolute agreement to arbitrate their differences and resolve the matter with a final binding resolution.
1. Each party acknowledges that the arbitration process, and in particular, the Arbitrator’s award, is binding and conclusive upon all parties and not subject to appeal or review by any judicial or administrative process. Each party agrees that their submission to arbitration constitutes an irrevocable consent to having this action resolved entirely through arbitration, except for motions to confirm (or vacate) the arbitrator’s award.
2. The Arbitrator shall hear and determine the controversy upon the evidence submitted and shall have the ultimate responsibility to determine the relevancy and admissibility of the evidence. The parties agree that hearings shall be conducted by the Arbitrator in any manner which permits a fair presentation of each party’s position and allows each side to present and cross-examine witnesses.
The parties agree to the following terms and conditions:
The parties further agree that they have been given an opportunity to offer proof of their claims and contentions, the Arbitrator shall declare the arbitration hearing closed and shall allow no further proof to be taken or heard. Any party who fails to object in writing before the conclusion of the arbitration hearing to any asserted noncompliance with any provisions or requirement of this paragraph shall be deemed to have waived the objection.
3. The Arbitrator’s award shall be rendered promptly and, unless otherwise stipulated by this agreement, shall be submitted NO LATER THAN 90 days following the close of the hearings. The award shall be in writing and signed by the Arbitrator.
4. The parties acknowledge and agree that the Arbitrator’s work product and case file shall be confidential and not subject to disclosure in any judicial, administrative and or private proceeding.
5. The parties agree that the Arbitrator shall not be liable to any party for any act or omission in connection with services performed under this agreement. The parties further agree that any party who seeks to impose liability on the Arbitrator, this paragraph not with standing, shall indemnify the Arbitrator for all resulting costs, including additional attorney’s fees.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Georgia. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator from the American Arbitration Association and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity.
An award of arbitration may be confirmed in a court of competent jurisdiction in the state of GEORGIA.
Withdrawal Of Service
The company has the absolute right to withdraw its services and cancel any contracts with the client at any given time. The company shall issue notice of such action in writing.