ethos design llc
TERMS + CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Ethos Design LLC.
All work is carried out by Ethos Design LLC on the understanding that the client has agreed to our terms and conditions.
At the time of proposal, Ethos Design LLC will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Ethos Design LLC website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Ethos Design LLC.
For the avoidance of doubt, theEthos Design LLC Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by Ethos Design LLC will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, ai, png, or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge. Ethos Design LLC retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Ethos Design LLC, unless specifically agreed in writing. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Clients will provided with proofs via email, and an Invoice prior to final transfer of deliverables. At this time the remainder of the amount due will become payable and the client will also be required to signify approval by email to Ethos Design LLC.
Any invoice queries must be submitted by email within 7 days of the invoice date.
Accounts which remain outstanding for 7 days after the date of invoice, will incur late payment interest charge of 10% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer.
Publication and/or release of work done by Ethos Design LLC on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Ethos Design LLC will be entitled to remove Ethos Design LLC and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Ethos Design LLC's reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Ethos Design LLC for inclusion in the customer’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions.
The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Ethos Design LLC on behalf of the customer, will remain the property of Ethos Design LLC and/or its suppliers unless otherwise agreed in writing.
A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Ethos Design LLC.
By supplying images, text, or any other data to Ethos Design LLC, the client grants Ethos Design LLC permission to use this material freely in the pursuit of the design.
Should Ethos Design LLC, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Ethos Design LLC to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Ethos Design LLC free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Ethos Design LLC holds no responsibility for any amendments made by any third party, before or after a design is published. Revision requests must be made within 7 days of item deliverable. Requests made outside of that timeframe are subject to additional revision fees.
Any design, drawing, or idea created for the customer by Ethos Design LLC, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Ethos Design LLC.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Ethos Design LLC will not be held responsible for any and all damages resulting from such claims.
Ethos Design LLC is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Ethos Design LLC responsible for any such loss or damage.
Any claim against Ethos Design LLC shall be limited to the relevant fee(s) paid by the customer.
Design Project Duration
Any indication given by Ethos Design LLC of a design project’s duration is to be considered by the customer to be an estimation. Ethos Design LLC cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Ethos Design LLC for the initial payment or by date confirmed in writing by Ethos Design LLC.
Design Project Completion
Ethos Design LLC considers the design project complete upon receipt of the customers acceptance in writing and/or the transfer of project files. Other services such as printing, website uploading, publishing, or further alterations either constitute a separate project and can be treated as a separate charge.
Cancellation of orders may be made by e-mail. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance due must be paid within 7 days. Upon project cancellation, all design work belongs to Ethos Design, LLC unless project is paid in full. Please note: any cancellation which is not formally confirmed in writing and received by Ethos Design LLC within 7 days of such instruction being issued, will be liable for the full quoted cost of the project.
Ethos Design LLC makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Ethos Design LLC will not be held responsible for any and all damages resulting from products and/or services it supplies. Ethos Design LLC is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Ethos Design LLC responsible for any such loss or damage. Any claim against Ethos Design LLC shall be limited to the relevant fee(s) paid by the customer.
Ethos Design LLC reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Ethos Design LLC reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Estimate
The placement of an order for design and/or any other services offered by Ethos Design LLC, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.ethosdesignsd.com.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Ethos Design LLC.