1) Reservation of Rights: All rights not expressly granted are retained by the Artist, including any electronic rights or usage, and including, but not limited to, all rights to sketches, comps or other preliminary materials. Any use in addition to those expressly granted in writing, requires arrangement for payment of a separate fee(s) (i.e.: Ownership of Reproduction Rights). It is highly recommended that clients retain the services of a Copyright/Trademark/Patent attorney. Know your rights and responsibilities, because we know ours.
(a.) Clients are responsible for licensing fees associated with fonts, images, or copy written/trademarked works of any kind that are used in the production of their projects. Neolith Graphics assumes no responsibility for clients final end product in any way, shape, form, use, or in conjunction with any other project or entity. Client assumes sole responsibility for accepted works produced by us or through our affiliate partners.
2) Revisions: Revisions may be made only by the Artist at the sketch stage. Additional fees will be charged for revisions made after 3 sketches, and for revisions reflecting a new direction to the assignment, or new conceptual input.
3) Cancellation and Kill Fees: Cancellation (“kill”) fees are due based on the amount of work completed. Fifty percent (50%) of the final fee is due within 30 days of notification that for any reason the job is canceled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed (this includes websites where the client fails to provide page contents within 30 days of starting a web based project). Upon cancellation or kill all rights to the art revert to the Artist and all original art must be returned, including sketches, comps, or other preliminary materials.
4) Credits and Copies: A credit line suitable to the design of the work will be used. Client agrees to pay an additional fifty percent (50%) of the total fee, excluding expenses, for failure to include credit line. Credit line is required independent of Artist’s signature, which shall be included at Artist’s discretion unless otherwise agreed upon in writing. Client agrees to provide Artist with ten (10) sample copies of any printed material.
5) Web Design: All graphics/artworks made for web pages are exclusively for online use only. These items may not be translated or used in any way for any other online use or for any other medium without express written consent of the creator. Neolith Graphics will only update content belonging to clients by the Principals request unless otherwise instructed. Neolith Graphics does not provide copywriting services. If any copy is written by us it belongs to us and the client can petition to purchase said copy at industry standard rates.
6) Domain, Hosting, & Email: Neolith Graphics will make all attempts to maintain availability of web pages and email services to the best of its ability through our third party affiliates. We will cancel without warning any abuse of our host’s services as per our agreements with our affiliates. Neolith Graphics will not be held liable for any abuses, hacking, viruses, malware, adware, tracking or any internet crimes committed by outside sources. Neolith Graphics is not responsible for the content that any client displays online and will refuse to be a party to unsavory or unethical act, images, email, or coding that falls into this category.
(a.) We suggested listserver services for mass emailing if you maintain contact with large groups of email recipients. Use of our hosting/email services to “spam” public or private individuals or businesses will constitute breach of contract and client will have any and all services terminated and all assets both physical and digital confiscated. No monetary reimbursements will be provided and legal action may be brought against you and any and all costs, legal or otherwise, will be solely the clients responsibility.
(b.) Unpaid fees for web hosting, design and/or development, marketing, and other online related services, will be considered abandonment and willfull dereliction of your agreement with Neolith Graphics and will result in the confiscation of your website, it’s contents, and any or all previous monetary deposits or payments. In essence; if it’s on our servers it belongs to us until you are paid in full. Moving a websites contents without bringing your account current will constitute theft/copyright infringment and we will persue you to the fullest extent of the law.
7) Printing: Because of differences in equipment & other conditions, a variation in color is expected, unavoidable, & shall constitute an acceptable delivery. We (Neolith Graphics) do not guarantee color matching; however, we will make every effort to produce a reasonable representation. Neolith Graphics is in no way responsible for client supplied artwork not reproducing to the expectations of the client.
8) Delivery: Delivery schedules turnaround times and other terms used by us merely reflect the average completion time of similar orders and will be affected by run lengths, special customer requirements, workloads, holidays, or equipment breakdowns and servicing. We are not responsible for production delays, shipping delays, damage, loss, or shipping carrier errors.
Electronic delivery is subject to internet providers or server’s system requirements, firewall systems, blacklists, blackouts, service outages, or other problems unforeseen and out of the immediate control of Neolith Graphics. Disputes amongst service providers that result in Neolith Graphics being denied access to clients servers are the clients responsibility and we will not negotiate pass through access or any other terms of service on the clients behalf.
9) Payment: A $45.00 fee will be charged on all returned checks. Unpaid balances left over 30 days are subject to a 15% late fee per month & will be considered for collection from outside services after 60 days. Necessary collection fees are at the client’s expense. NO REFUNDS, only in-store credit if we deem a mistake has happened on our behalf. All orders must be paid for in advance. All Quotes are good for 7 days.
10) Neolith Graphics reserves the right to refuse services or to terminate services to anyone for any reason.