terms & agreements
Approvals
The client will be ultimately responsible for final approval of all designs. Client will provide sign off on all major milestones as requested. It is important to make all final corrections before a project goes forward and commences to avoid delays and additional fees. Solari Creative, Inc, Inc. is not liable for proof reading the content provided and generated. It is the sole responsibility of the client to spellcheck, proof and provide final approval for any visual work before its final released. Solari Creative, Inc. is not liable for any work that has been finalized and approved by the client and made live.
Verbal Authorization
Invoices will include (and the client shall be obligated to pay) fees or expenses that were verbally authorized. Including but not limited to changes to layouts and programming.
Completion / Delivery Dates
At the start of all projects, Solari Creative and client will establish a proposed timeline.
Any delay in the completion of a project due to external forces beyond Solari Creative, Inc.’s control (such as unusual transportation delays, unforeseen problems at a vendor site, computer/Internet related issues, holidays, bad road conditions, etc.), or actions and negligence of the client (ex: content delivery delays, delays in feedback and/or approval, etc.), shall entitle Solari Creative, Inc. to extend the completion/delivery date, upon notifying the client, by the time equivalent of such a delay.
In order to provide the best possible service at reasonable rates to all our clients, Solari Creative, Inc. sets forth the expectation that the client will deliver necessary assets, materials, content, feedback, change requests and approvals in a timely manner. This is critical to ensure an efficient and cost-effective scheduling process.
IF THE CLIENT IS UNABLE TO PROVIDE THE REQUIRED ASSETS, MATERIALS, CONTENT, FEEDBACK, CHANGE REQUESTS, OR APPROVALS WITHIN 90 DAYS, CLIENT AGREES TO PAY Solari Creative, INC. REMAINING BALANCE DUE IN FULL, AND THE PROJECT IS CONSIDERED CANCELLED.
IF A CLIENT BECOMES NON-RESPONSIVE, AND COMMUNICATION CEASES FOR A PERIOD OF 60 DAYS OR MORE, CLIENT AGREES TO PAY Solari creative, INC. REMAINING BALANCE DUE IN FULL, AND THE PROJECT IS CONSIDERED CANCELLED.
AT A LATER DATE, IF THE CLIENT WISHES TO RE-INITIALIZE THE PROJECT, AND IS ABLE TO DELIVER THE REQUIRED FEEDBACK AND MATERIALS, A RE-INITIALIZATION FEE WILL BE REQUIRED. Solari MUST THEN ADJUST OUR SCHEDULE IN ORDER TO RESUME THE PROJECT. THIS IS EXTREMELY DISRUPTIVE AND INEFFICIENT TO OUR PROCESS. ONLY AFTER THE RE-INITIALIZATION FEE HAS BEEN PROCESSED ARE WE ABLE TO RE-INTEGRATE THE PROJECT INTO OUR SCHEDULE AND TO RECONVENE VIA ADDITIONAL MEETINGS (VIRTUAL OR IN-PERSON), PHONE CALLS AND EMAIL CORRESPONDENCE WITH CLIENT, AS WELL AS OUR INTERNAL TEAM.
OUR STANDARD DELAYED PROJECT RE-INITIALIZATION FEE IS 20% OF THE TOTAL ORIGINAL CONTRACTED BUDGET.
Copyright Responsibility
It is the sole responsibility of the client to ensure that any intellectual property (artwork, written word, photography, programming code, etc.) client provides is owned by them in accordance with copyright laws. Solari Creative, Inc. cannot be held responsible for any copyright violations or resulting fees due to assets provided by the client.
Creative / Intellectual Property
Under U.S. copyright law, as creator of original artwork and design work, Solari Creative, Inc. will retain ownership of the original artwork pieces created for the client. The client shall retain ownership of the final product/implementation (ex: website, brochure print-ready PDF files, etc). Solari Creative will retain copyright and ownership of all original design and source files; client will retain unlimited usage and reproduction rights, unless otherwise specified in a separate agreement. Source files may be made available to the client upon special request and for an additional fee. A source file is the native program file in which the final project was created in, for example but not limited to: .psd, .AI, .max, .aep, proproj, ect…
Modifications
Modifications of the project agreement must be written, except invoices may include, and the client shall pay, fees/expenses that were verbally authorized. Requests for services outside of the scope of any project agreement will require a Client-approved Change Order that specifies the additional scope and fees, if any.
Website Revisions, Changes and Ongoing Maintenance: (if Applicable)
Websites will be tested by both the designer and the client prior to launch. Client will provide approval for site launch in writing. Once approved, the site will be set “live”. After the site is live, there will be a 7 calendar day period during which any deficiencies, glitches or errors must be presented to Solari Creative, Inc. Solari Creative will then correct anything that was erroneously executed or overlooked. Change requests or additions that were not part of the original agreement and defined scope of work are not included in this stage.
After the 7 day period, any further work to be done on the site will be billed additionally, including upgrades, changes, edits, as well as errors, technology or platform changes, etc.
In other words, the site should and will work as designed at the time of launch. Fees assessed for initial design and development DO NOT INCLUDE unlimited support, upgrades, additions or maintenance for the lifetime of the website.
Because technology changes very rapidly, it is impossible to predict or plan for all possible scenarios during which the site may fail to operate properly. Such factors may include technology changes, virus infiltration, third party/outside vendor errors, etc.
Additional changes, revisions or maintenance beyond primary discussion or scope of work agreed upon to be billed at an hourly rate of $175 per.
Website Hosting vs Web Maintenance
Website hosting, DIFFERENT from website maintenance, is essentially “storage” of your website files on a server connected to the internet.
In all website hosting situations, a third party owns and operates the hosting environments, which Solari Creative may access and/or manage. However, loss of data, downtime, loss of content, traffic, and any additional or other loss may occur beyond our control. Solari Creative assumes no liability for any such losses. Solari Creative’s responsibility is limited to responsibility provided by the third party. Solari Creative shall act as an advocate for and exhaust all efforts on behalf of the client; however, the client will hold Solari Creative harmless for any losses arising from or connected to website hosting.
Solari Creative does not host any websites, but we will recommend the type of hosting needed.
Copyright Usage
Artist grants client unlimited usage of all designed materials in print and on the web. All rights not expressly granted here are retained by the designer, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.
Limitation Liability
Solari Creative, Inc. cannot be held liable for any damages financial or physical due to design, printing, website hosting, content or messaging errors, or programming issues.
Confidentiality
This document and any attached proposal is confidential and not to be distributed. Additionally, this agreement serves as a nondisclosure agreement intended to protect original creative design work, as well as marketing methodology, from distribution and exposure. Preliminary logo, print and website drafts/layouts are to be kept confidential and their distribution to anyone other than client is prohibited.
Expenses
Out-of-pocket expenses will be subject to an industry-standard markup to cover time and costs involved. Any expenses expected to be above $50.00 will be discussed with the client. The client shall reimburse Solari Creative, Inc. for expenses arising from this project, including but not limited to: photography, fonts, digital proofs, postage, travel, sales tax (when applicable), shipping, hiring of contract writers/designers, software, web hosting, programmers, and printing fees. Items generated in-house, such as color/black & white output and DVDs/CDs, or royalty-free images from my collection, will be billed at a flat rate fee per item, established by Solari Creative, Inc.. Mileage may be billed at the IRS 2011 mileage rate of $0.51 per mile.
Pricing & Payment
Any production-based work client authorizes, either via email, written correspondence or verbally, shall be billed at the current production rate of $150 per hour. Solari Creative, Inc. reserves the right to adjust the current rate at any time, provided notice is given to client. Fees assessed and invoices provided to client for any production work are due upon receipt.
Larger-scale projects will be billed per project, depending on the scope of the work. Specific fees and payment terms will be detailed in individual project proposals. Half of the total amount due is required at the time this contract is signed. Final payment is required at the time of completion.
UNDER NO CIRCUMSTANCES WILL DESIGN FILES BE RELEASED TO EITHER CLIENT OR ANY THIRD PARTY UNTIL BALANCE OF ALL RELATED FEES IS PAID IN FULL. SIMILARLY, UNDER NO CIRCUMSTANCES WILL A WEBSITE BE LAUNCHED OR SET “LIVE” UNTIL THE ENTIRE BALANCE OF THE WEBSITE DESIGN AND DEVELOPMENT FEES IS PAID IN FULL.
NO EXCEPTIONS.
FOR ANY AND ALL CUSTOM PRINT MATERIALS, NO ORDERS WILL BE PLACED OR PROCESSED UNTIL PAYMENT IN FULL IS RECEIVED AND CLEARED FOR THE ENTIRE BALANCE. BECAUSE OUR SUPPLIERS REQUIRE PAYMENT IN FULL BEFORE A JOB IS BEGUN, AND BECAUSE CUSTOM PRINT MATERIALS ARE OF VALUE ONLY TO THE CLIENT FOR WHOM THEY WERE DESIGNED, WE MUST INSIST THAT ALL PRINT MATERIALS BE PAID FOR UP-FRONT AND IN ADVANCE.
NO EXCEPTIONS.
No final completed work will be delivered until final payment is received and cleared. A 5% monthly service charge is payable on all invoices over 30 days past due. Fees are non- refundable. Completed work that client has not yet approved for a time period beyond 15 days shall be billed entirely. There will be a $35.00 fee on all returned checks, plus any additional bank fees.
Cancellation Fees
In the event of cancellation of a project, a fee for work completed shall be paid by the client. The cancellation fee schedule is as follows: 50% of total project fee for preliminary work, concepts, or comps, 75% of total project fee after preliminary work but before completion, 100% of total project fee for completed work regardless of final approval. The ownership of all copyrights and original artwork, including designs & source code, and any other mockups, shall be retained by Solari Creative, Inc. Any usage by the client of any of the project elements will result in appropriate legal action.
Storage of Files
Once a project is complete, and the client received final product/implementation of agreed upon work, all files, including source files will be stored at Solari Creative for 180 days. After 180 days the client can decide to pay Solari Creative to maintain the files from that project. We charge .50 cents a gigabyte per month. If a client decides not to pay, Solari Creative is not responsible for holding onto the files. If after 180 days of project and the client did not pay but still wants the files, Solari Creative may still have those files, and if Solari Creative does, then there will be a 20 percent late charge plus the monthly charge before those files can be used.
Attorney’s Fees and Costs
In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement; the Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which Solari Creative, Inc. may become a party by reason of this contract.
Promotional Use
Solari Creative, Inc. may reproduce any design, artwork, or layout in promotional materials such as brochures, mailers, and websites, unless otherwise requested by the client. Solari Creative, Inc. may use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, and marketing. Where applicable, the client will be given any necessary credit for usage of the project elements.
Credits
Solari Creative has the right to use all work done for promotional, this includes but not limited to: social media, print or on its website.
Authorization
Written approval, client signature on this document or attached proposal or work agreement, or payment of an invoice issued as a result of a quote or estimate, all constitute authorization from your company to proceed with the agreed upon project according to the terms described within this document and any accompanying project-specific proposal or agreement. You are stating that you are a legally authorized representative and are agreeing to pay all fees incurred in the production of this project and that you agree to the terms laid out here.
Miscellany
This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of New Jersey and courts of such state shall have exclusive jurisdiction and venue.
How to Contact Us
If you have any questions or concerns regarding our Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number, or mailing address.
Email: info@solaricreative.com
Telephone Number: 732-383-7085
Mailing Address:
Solari Creative, Inc.
31 N. Bridge Avenue
Red Bank, New Jersey 07701
as of: 12/04/2023