TERMS AND CONDITIONS
Agreement between Jeff Rosenquist and business or individual.
The client/individual is subject to the following terms and conditions.
GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. By agreeing to your issued proposal/estimate (written or oral), you agree to these terms. All projects or services that Jeff Rosenquist may be contracted to produce or provide for the client will be subject to the following:
WORKING/BILLING PHASES – Based on experience with long-term design communications projects, Jeff Rosenquist has found that it is mutually advantageous to handle each project in logical working/billing phases.
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits Jeff Rosenquist or the client to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were actually completed by Jeff Rosenquist. For each project, the client will receive a proposal/estimate outlining the project specifications and the proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of-pocket expenses.
Jeff Rosenquist will begin work upon the client’s approval of the written estimate & deposit is received. Your approval (written or oral) will constitute an agreement between us.
PAYMENT/ESTIMATES – The client agrees to pay Jeff Rosenquist in accordance with the terms specified in each proposal/estimate. The client is required to pay 50% of the project cost before work can begin.
Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is 18% per annum or 1.5% per month. Jeff Rosenquist reserves the right to refuse completion or delivery of work until past due balances are paid.
Estimate: Billing will reflect the actual costs incurred. Valid for only 30 days from date on estimate. Client requested changes will be billed additionally. The client will be notified of any price changes.
OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice.
REVISIONS AND ALTERATIONS – New work requested by the client and performed by Jeff Rosenquist after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, Jeff Rosenquist will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.
Author’s alterations and other copy changes requested after layouts are completed are billed at standard hourly rates.
OVERTIME – Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, outside suppliers such as service bureaus charge a 100% to 200% markup on overtime after 5:30pm and weekends.
NATURE OF COPY – The client agrees to exercise due diligence in its direction to Jeff Rosenquist regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials Jeff Rosenquist prepares.
ERRORS AND OMISSIONS – It is the client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Jeff Rosenquist is not liable for errors or omissions.
TELECOMMUNICATIONS – The client shall pay for all transmissions charges. Jeff Rosenquist is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.
OVER RUNS AND UNDER RUNS – The client will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. Jeff Rosenquist will bill for actual quantity delivered within this tolerance.
PROPERTY AND SUPPLIER’S PERFORMANCE – Jeff Rosenquist will take all reasonable precautions to safeguard the property you entrust. In the absence of negligence, however, Jeff Rosenquist is not responsible for loss, destruction or damage or unauthorized use by others of such property. Jeff Rosenquist will use best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although he may use his best efforts to guard against any loss to you through the failure of his vendors, media, or others to perform in accordance with their commitments, Jeff Rosenquist is not responsible for failure.
If you select your own vendors, other than those recommended by Jeff Rosenquist, you may request that their work is coordinated. If at all possible, Jeff Rosenquist will attempt to do so, but cannot in anyway be held responsible for quality, price, performance or delivery.
LIEN – All materials or property belonging to the client, as well as work performed, may be retained as security until all just claims against the client are satisfied.
RIGHTS OF OWNERSHIP – Once a project has been delivered by Jeff Rosenquist and is fully paid for by the client, Jeff Rosenquist will assign the reproduction rights of the design for the use(s).
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 Jeff Rosenquist, or purchased from a stock agency on your behalf, remain with the individual Jeff Rosenquist, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with Jeff Rosenquist 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 Jeff Rosenquist has created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact Jeff Rosenquist 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 all his original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide Jeff Rosenquist with printed samples of each project.
Jeff Rosenquist reserves the right to photograph and/or distribute or publish for promotional and marketing needs any work he creates for you, including mock-ups and comprehensive presentations, as samples for a portfolio, firm newsletter, brochures, slide presentations and similar media. Jeff Rosenquist agree to store files for a period of 6 months beyond the delivery of a job. Thereupon, he reserve the right to discard them.
TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated by either one of us upon thirty (30) days written notice. If you should direct Jeff Rosenquist at any time to cancel, terminate or “put on hold” any previously authorized purchase, he will promptly do so, provided you hold him harmless for any cost incurred as a result.
Upon termination of this agreement, Jeff Rosenquist will transfer to the client all your property and materials in his control and for which you have paid. The client will indemnify and hold Jeff Rosenquist harmless for any loss or expense (including attorney’s fees), and agree to defend Jeff Rosenquist in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertations made against the client and any of its products and services arising from the publication of materials that Jeff Rosenquist prepared and you approve before publication.
PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both the client and Jeff Rosenquist, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the client or Jeff Rosenquist. Where production schedules are not adhered to by the client, final delivery date or dates will be adjusted accordingly.
CANCELLATION – In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and Designer shall be compensated by the Client for the services performed through the date of cancellation based on a prorated portion of the fees due.
ADDITIONAL PROVISIONS – The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of California applicable to agreements entered into and performed in the State of California. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.
If Jeff Rosenquist must retain attorneys to collect his invoices, he will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.
LIMITATION OF LIABILITY – IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE MAXIMUM REMEDY AVAILABLE TO EITHER PARTY IS ANY AMOUNT PAID BY CUSTOMER HEREUNDER. JEFF ROSENQUIST MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
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How This Information is Used – Jeff Rosenquist may use the personally identifiable information collected by this site to contact customers regarding products and services offered by Jeff Rosenquist and, to the extent the user has agreed to it, by its trusted affiliates, independent contractors and business partners. Jeff Rosenquist may also use this information for research purposes regarding the effectiveness of the website services, marketing, advertising and sales efforts. Jeff Rosenquist will not in any way share this information with a third party either for free or by selling it, unless you specifically authorize such disclosures.
Disclosure of Information – This site may also disclose aggregate, anonymous data based on information collected from users to investors and potential partners. In such cases, only statistical information will be disclosed and personally identifiable data will be kept strictly confidential. In case this site is sold, the information collected from users may be transferred to the new owners.
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Special Offers and Updates – Customers and users will occasionally receive newsletters or e-mails with information on products, services, or special offers. Out of respect for the privacy of this site’s users, this site gives them the opportunity to opt-out from receiving these types of communications.
If do not wish to receive a newsletter, promotional communications or any other non-service related communication, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing email@example.com or you may call 951 256 1398.
Legal Disclaimer – Though Jeff Rosenquist makes every effort to preserve your privacy, he may need to disclose personal information when required by law, if he has a good-faith belief that such action is necessary and required to comply with a current judicial proceeding, a court order, subpoena or other legal process served on this site.
Jeff Rosenquist reserves the right to disclose your personally identifiable information as required by law and when he believes that disclosure is necessary to protect his rights and/or comply with a judicial proceeding, court order, or legal process served on this site.
Your Responsibility – You are responsible for the security of your Customer ID and passwords. Make sure you keep them in a safe place and do not share them with others. Always remember to log out after your session ends to ensure that others cannot access your private personal information. You should take this precaution even if you are not using a public computer, such as at a library or internet café, but even when using your private computer in your home.
Jeff Rosenquist reserves the right to modify this privacy statement at any time, so please review it frequently.