© 2018 inCole Graphics,LLC.

info@incolegraphics.com   |   Dover, DE 19901  |  Terms of Service

Before We Get Started...

Let's review the Terms of Services
  1. Time for Payment

    1. Unless otherwise outlined at the time of signing your agreement, a 50% deposit is due upon signing the design agreement and/or prior to a project’s inception.  Remaining balances are due upon completion and prior to delivery or launch of the final version. Payments are to be made via check, e-check, or electronically via PayPal.  Projects paid by check or money order that require the total balance upfront will not begin until payment has been cleared. All invoices for *billable expenses are also payable upon completion and prior to delivery of final documents.  inCole Graphics, LLC retains all rights to all intermediate deliverables submitted at each milestone (where specified). Ownership or copyright privileges of the client can only be exercised providing inCole Graphics, LLC with full payment for work and *billable expenses.

  2. Default in Payment

    1. The client shall assume responsibility for all collection of legal fees necessitated by default in payment.

  3. Estimates

    1. If a contract is used for an estimate or assignment proposal, the fees and *billable expenses shown are minimum expenses only.  Final fees and *billable expenses shall be shown when the invoice is rendered. The client’s approval shall be obtained for any increase in fees or expenses that exceed the original estimate by twenty percent (20%) or more.

  4. *Billable Expenses

    1. The client shall reimburse inCole Graphics, LLC for all direct and indirect *billable expenses arising from this assignment, regardless of whether the assignment is canceled or terminated.

  5. Client Alterations

    1. There shall be no charges to the client for revisions or corrections or additions made necessary by errors on the part of inCole Graphics, LLC.  Any other changes requested by the client shall be considered client’s alterations if they are requested after the acceptance of the design. Any changes and additions after the second round of revisions not due to the fault of inCole Graphics, LLC and requested by the client are considered client’s alterations.  The client shall be responsible for making additional payments for any alterations and any other changes in original assignment requested by the client. However, no additional payment shall be made for changes required to conform to the original assignment description. The client shall offer inCole Graphics, LLC the first opportunity to make any changes.

  6. Acceptance Procedures

    1. Unless otherwise noted in acceptance milestone dates of the project’s productions schedule, during the review, the client shall either accept the deliverables, provide inCole Graphics, LLC with written notice within 24hrs. after receipt, if any corrections to be made, or provide a written notice of assignment termination if the work is found not to be reasonably satisfactory.  The client shall terminate the assignment only during the review period following the delivery of the initial draft. Any other termination of the assignment shall be considered a cancellation subject to the stipulations in Item 7. Upon Acceptance of Final Version, no further alterations will be accepted or made by inCole Graphics, LLC. without the assessment of additional fees.  inCole Graphics, LLC will not assume responsibility for any misspellings, punctuations, or formatting issues after signing the project approval form.

  7. Cancellation

    1. The client may declare the cancellation of the assignment for reasons not related to assignment termination defined in item 6.  In the event of cancellation of this assignment by the client, inCole Graphics, LLC shall retain any payments received. In addition, if cancellation is prior to the delivery of the initial version, the cancellation fee shall be 50% (fifty percent) of the balance of total payments. If the cancellation is after the delivery of the initial version, the cancellation fell shall be 100% (one hundred percent) of the balance of all remaining dues.  Regardless of when the product is canceled, all *billable expenses already incurred are to be paid by the client in full. In the event of cancellation, inCole Graphics, LLC retains ownership of all copyrights and any original artwork.

  8. Assignment Termination

    1. In the event that works in progress is found by the client not to be reasonably satisfactory in accordance with the acceptance procedures in item 6, the client may pay a termination fee to terminate the assignment.  Any milestone payments made prior to termination shall be retained by inCole Graphics, LLC. If assignment termination occurs prior to the acceptance of a design draft, the client shall pay a rejection fee of 10% (ten percent) of the balance of the total payments.  If the termination occurs after the delivery of the initial version, the termination fee shall be 20% (twenty percent) of the balance of total payments. If termination occurs after the acceptance of the initial version, the termination fee shall be 100% (one hundred percent) of the balance of total payments.  Regardless of when the assignment is terminated, all *billable expenses already incurred inCole Graphics, LLC is to be paid by the client in full. In the event of termination, inCole Graphics, LLC retains ownership of all copyrights and any original artwork created by inCole Graphics, LLC. However, the client retains all rights already purchased by inCole Graphics, LLC on behalf of the client from third parties.

  9. Printing and Artwork

    1. Mock prints produced by inCole Graphics, LLC are to illustrate layout concepts only.  All printing of artworks produced is sub-contracted through third-party vendors. The client acknowledges and agrees that inCole Graphics, LLC will not be held liable for print related issues such as tonal variations in final output or any delays experienced.  The client also agrees to assume responsibility for all shipping costs incurred.

  10. Ownership and Return of Artwork

    1. The client acknowledges and agrees that inCole Graphics, LLC retains ownership of all original artwork, in any media, including digital files, whether preliminary or final.  The client waives the right to challenge the validity of inCole Graphics, LLC ownership of the art subject to this agreement because any change or evolution of the laws. The client shall return such artwork within 30 (thirty) days of use unless indicated otherwise below:

  11. Copy Protection

    1. The client must protect all final art which is the subject of this agreement against duplication and alteration.

  12. Releases

    1. The client shall indemnify inCole Graphics, LLC against all claims and expenses, including reasonable attorney’s fees, due to client’s uses for which no release was requested in writing from inCole Graphics, LLC or for client’s uses which exceed the authority granted by a release by inCole Graphics, LLC.

  13. Modifications of the Agreement

    1. Modifications of the agreement must be written, except that the invoice may include, and the client shall pay fees or expenses that were orally authorized by the client in order to progress promptly with the work.

  14. Warranty of Originality

    1. inCole Graphics, LLC warrants and represents that, to the best of its knowledge, the work assigned hereunto is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that inCole Graphics, LLC has full authority to make this agreement; and that the work prepared by inCole Graphics, LLC does not contain any scandalous, libelous, or unlawful matter.  This warranty does not extend to any uses that the client or others may make of inCole Graphics, LLC product which may infringe on the right of others. Client expressly agrees that is will hold inCole Graphics, LLC harmless for all liability caused by the client’s use of inCole Graphics, LLC product to extend such use infringes on the rights of others.

  15. Limitation of Liability

    1. Client agrees that it shall not hold inCole Graphics, LLC or its agents or employees liable for any incidental or consequential damages which arises from inCole Graphics, LLC failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of inCole Graphics, LLC or a third party.  Furthermore, inCole Graphics, LLC disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.

  16. Dispute Resolution

    1. Any disputes in excess of $1,000 (one thousand dollars US) arising out of this agreement shall be submitted in the state of Delaware to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association.  The Arbitrator’s award shall be final, and judgments may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgments in favor of inCole Graphics, LLC.

  17. Enforcement of Agreement

    1. If one or more provisions of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the client agrees the validity, legality, and enforcement of the remaining provisions of the Agreement shall not in any way be affected or impaired.  The client also agrees that the language contained in the Agreement is reasonable in scope and will not raise any issue with the reasonableness of the Agreement as a defense in any proceedings to enforce the Agreement.

  18. Acceptance of Terms

    1. The signature of both parties shall be evidence of these terms.

*Billable expenses include but are not limited to costs of commissioning images or subcontracting talent, software or run-time license costs, the payment of any sales tax due on this assignment, any travel, research, postage, and delivery, photocopying and storage media expenses.

CONTACT US

By phone or online

If you're looking for talent, contact us here:

302-526-0921

 

info@incolegraphics.com

inCole Graphics is a design firm located on the East Coast in Dover, Delaware with clients in the Delaware, DMV, Southern states and across the US!