Terms of Service
Project estimates are valid for 30 days from the date of the estimate.
Scope Change & Additional Work
If the Client requests additional features, functionality, or work that was not originally scoped, these items will be considered a scope change. An estimate will be provided and approval needed to continue with that part of the project.
Payment for Services
All invoices are payable within 30 days of receipt with the exception of invoices for out-of-pocket expenses which are due on receipt. A 2% monthly finance charge is payable on all overdue balances. The grant of usage rights is conditioned on receipt of full payment. The Client shall assume responsibility for all legal fees necessitated by default in payment.
If the project requires additional items not scoped above, such as but not limited to, stock photography, printing, shipping, and handling, etc., these items are reimbursable to the Design Agency and will be billed as a line item.
If the Client requests to cancel the project(s) for any reason and the project(s) is/are not completed, a cancellation fee will be billed. The cancellation fee is determined by 50% of the entire approved scope, plus any additional time spent on the project(s) up to the point that the project(s) was/were stopped.
Ownership & Usage
Upon final payment of the project, the Client receives full usage rights. The Design Agency reserves the right to show and reference the project for the promotional purposes of the Design Agency.
Warranty of Originality
(a.) The Design Agency warrants Designs are the Design Agency’s own original work and do not infringe on the copyrights, nor the rights of privacy or publicity of any individual, to the best of the Design Agency’s knowledge and belief. (b.) Client warrants that right to any material provided by the Design Agency in conjunction with Designs such as, but not limited to, copy and reference materials, will have been lawfully obtained, that Client is free to provide such materials, and such materials do not infringe on the copyrights or the rights of privacy or publicity of any individual. (c.) Client agrees to defend, indemnify, and hold the Design Agency, its officers, employees, representatives, successors, and assigns harmless from any claims, losses, expense, damage, injury, or liability, including attorney fees, occasioned by any claim, demand, suit, or recovery against the Design Agency and Designer, arising from a breach of these warranties, or arising from, or related to, Client’s use of Designs specified in this Agreement.
Limitation of Liability
In no event shall Cassel Bear be liable for any special, indirect, incidental, exemplary, or consequential damages whatsoever, including, but not limited to loss of business or profits. The liability of Cassel Bear whether in contract, tort, or otherwise, and any and all damages imposed upon Cassel Bear under this agreement shall in no event exceed the amount Client has paid to Cassel Bear.
It is agreed that it is the Client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling and contact information to technical illustrations. The Design Agency is not liable for errors or omissions.
Client understands and agrees that Client is responsible for determining whether the Services: (i) meet Client’s requirements; (ii) comply with all international laws, federal laws, state laws, local laws, ordinances, code(s), regulations, and policies applicable to the Client; and (iii) comply with the Client’s applicable internal guidelines and any other Client agreements.