The following outlines the intended design services provided by Simbiotic Media. Packages are laid out in accordance with the needs presented by the client and are to be agreed upon and followed.
All clients must read and agree to the points laid out below.
By entering into a business relationship with Simbiotic Media you (the Client) agree and consent to the following terms and conditions:
Simbiotic Media will provide initial draft concepts to the Client within the timeframe discussed and agreed upon in the initial consultation. If we are experiencing higher that usual demand, your design will be scheduled for the next available slot and you will be notified at the earliest possible time. Simbiotic Media will send an e-mail with the initial design for review by the Client. The Client will then be able to provide feedback concerning the design.
Simbiotic Media will analyze the Client’s feedback and make the revisions. The revised samples with be presented to the Client within the specified timeframe.
Regular working days are Monday through Friday, 8am - 5pm, excluding Canadian holidays. Simbiotic Media will continue the revisions process as per the terms of the specific contract, until the Client is satisfied. Once the Client has approved the final design, the Client will complete any remaining payment owed. All requested formats of the approved design are then emailed to the Client.
COPYRIGHT / TRADEMARKS
Simbiotic Media unconditionally guarantees that any element of text or graphics furnished to Simbiotic Media for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect Simbiotic Media from any claim or suit arising from the use of such as furnished by the client.
Simbiotic Media makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, Simbiotic Media holds no liability and is limited only to a refund of the paid amount. Simbiotic Media will do no research checking on the legal availability of the name we are creating designs for. It is the Client's responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client's sole responsibility to secure a service mark or trademark to protect the rights to any name or image. Simbiotic Media and it's employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Canadian Copyright laws permit ownership of final product and design to belong to the designer, Simbiotic Media unless otherwise agreed upon. The client is restricted from editing designs completed by Simbiotic Media and use of the design and file is limited to that originally intended. The exception being FINAL logo design. Concepts are also the ownership of Simbiotic Media regardless of design type.
Until the contract is paid in full, all materials remain property of Simbiotic Media. Simbiotic Media retains the right to display the artwork in their corporate portfolios and marketing materials.
All concepts furnished to the client are for client review and comment purposes only. Simbiotic Media retains exclusive copyright and ownership of all design and draft materials.
DRAFT CONCEPT POLICIES AND COPYRIGHT
All draft concepts previewed by the client are for client review and comment purposes only. Simbiotic Media reserves the right to utilize and/or reproduce any image, logo or illustration created by Simbiotic Media in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited royalty-free use of the image upon full payment of all fees. Simbiotic Media retains the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork, and is granted the right to use these logos in promotional and advertising and marketing materials.
REVISIONS AND AUTHOR ALTERATIONS
Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, by email. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the project quotation. Revision work is not done free of charge unless otherwise arranged, in writing or in the package agreed to in advance. If a base package is agreed upon, however the revisions and requests exceed this package parameters, the next Client will be notified in advance.
The quotation assumes a reasonable average number of revisions per design item as outlined in the design package, but on very rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions. Any and all revisions will still incur the hourly rate as noted on the project quotation, and the Client confirms that any revisions or additions they request will incur this cost.
PRINTING, DELIVERY AND THIRD PARTY INVOLVEMENT
Simbiotic Media can and may provide information to the Client about print solutions that compliment the projects needs to the best knowledge of the designer. Simbiotic Media is not responsible for price discrepancies advertised by third party companies. This includes product specifications, rush order and special order pricing, and delivery costs associated.
Simbiotic Media is not responsible for a third company’s failure to deliver in the parameters set out by said company. This includes delivery time; product availability; print error; damage incurred due to shipping; and other unforeseen issues.
All concerns can and will be expressed by the designer to the third company association, but are not responsible and take no fault for failure to deliver on consented parameters. Payment must be made for said project and may not be withheld because of printer error.
Graphic design is a professional service, not a restockable product or commodity - customers are billed for the time and expertise of our graphic designers, art/creative directors and project managers. In accordance with industry standards, Simbiotic Media charges for design services by the hour (unless a flat fee has been negotiated in writing) and does not offer refunds under any circumstance (except in the case of copyright infringement as noted above).
All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Final invoices will reflect actual hours worked on your project, which may or may not differ from your quotation. The final invoice will not exceed the quoted amount by a margin of over 25% without prior notification and written authorization by the client.
An upfront deposit of 50% (based on the quotation amount) is required for all new projects.
All invoices are payable on receipt, net 14 days. If the client is sending payment through the mail, we will accept a tracking number as notice of payment.
If there has been no activity initiated by the client on a contract in 30 days, but the client has been responsive to status requests by the project manager, said contract will be classified as “inactive”. Inactive contracts are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time. If your project is incomplete and you have received an inactive project invoice, please rest assured that you are being invoiced only for work actually completed to date, and that you are welcome to
re-open the project at any time. Upon payment of your invoice, you will have rights to request delivery of any design files (complete, or otherwise). Any credits (hourly or otherwise) granted to the client's account are valid and redeemable at any time pending Simbiotic Media’s availability, until a period of six months has passed, at which point all credits are considered null and expired.
After 30 days, a late payment charge of 5% per month is applied to all delinquent accounts, without exception and retroactive to the date of invoice. If the account remains in default after 60 days, or if the customer's payment is charged back to us by way of credit card fraud, cheque fraud or other crime, we will issue one final notice before turning the account over to a third-party collections agency. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. Refusing to pay your bill is theft, and we take it very seriously. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will revert to Simbiotic Media. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
If a client should abandon a project or contract after work has commenced, an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Abandoned contracts in cases where the client is nonresponsive are also subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.
Simbiotic Media WEBSITE
Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of Simbiotic Media All rights reserved. All other images are the copyright and/or trademark of the respective owners.
The information presented on the Simbiotic Media web site is copyrighted to Simbiotic Media. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners.
Designs, original art and clip art presented by Simbiotic Media are for the use of the authorized client. All art, images, designs, and material are copyright of Simbiotic Media and may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of Simbiotic Media and the images contained within.
Visitors are permitted, and encouraged to link to this site. You are welcome to link to any page or section of the Simbiotic Media web site.