By purchasing any services from Brite Designs, you agree to the Terms of Service stated below.
1. Independent Contractor
Brite Designs is an independent contractor and not an employee, partner or otherwise affiliated with the Client. Brite Designs will provide book cover, graphics, and/or web design services at the Client’s direction, but Brite Designs retains the right to decide the means and manner in which the services are accomplished.
The email received after the Client’s initial inquiry will include a Proposal. The Proposal is effective from the date of communication through the “expiration date” found on the Proposal. If Brite Designs receives communication from the Client after the expiration date, another proposal may be drafted and emailed to the Client for approval. Once approved, the Proposal Acceptance will serve as a binding agreement between the Client and Brite Designs in conjunction with the Proposal and these Terms of Service. Pricing and terms of each Proposal are subject to change at any time after the expiration date.
3. Concepts & Revisions
Brite Designs will provide the Client up to 3 revisions based on one initial concept for the project. Once the Client has indicated a preference, that design or revision will be used for the final version. Once the maximum amount of revisions has been reached, no further revisions will take place unless the client agrees to pay an additional fee per revision. Additional revisions may extend or delay the completion date or deadline at no fault of Brite Designs.
4. Client Responsibilities & Completion
a. Brite Designs wants you to be happy with the design. To that end, it is very important that you take the time to think about what you want your design to look like before we begin and clearly communicate your ideas to Brite Designs.
b. Brite Designs’ preferred method of communication is via email for all projects. Brite Designs does not accept questions or troubleshooting inquiries for current or past projects made via Social Media. Brite Designs does accept testimonials via email and/or via the contact form on the Brite Designs website.
c. It is the Client’s responsibility to return all correspondence with any detailed, constructive feedback within 5 business days to keep the project moving forward smoothly. In the event that there is no response within 5 business days, Brite Designs reserves the right to bill the Client for any additional fees incurred and/or delay delivery. Additionally, if there is no response within 15 business days, Brite Designs reserves the right to terminate the agreement and bill any unpaid balances, if any, at that point. Payments made towards the project(s) as described in the Proposal will be used as a kill fee in order to compensate the time and expenses of Brite Designs in the event that the agreement is terminated.
d. The Client is responsible for the creation of all text content. Content must be supplied to Brite Designs on a timely basis to avoid delay of the completion date or deadline.
e. Project completion dates vary based on response times to correspondence and the type of project being created. Brite Designs maintains a design schedule based on available hours and current workload. Initial payment and all requested information must be submitted before any work will begin on a project. In general, the initial design process is the most lengthy, potentially taking up to 10 business days for initial concepts to be delivered. Please allow up to 5 to 7 business days for revisions to be made and returned to you. For rush/weekend/holiday services, please inform Brite Designs of the extent of the project as well as the rush completion date and expect to pay a premium for all rush services.
f. Once final designs have been released, distributed, reviewed and signed off by the Client, Brite Designs will not be held responsible for any errors once a project has been sent to print, published, distributed, or displayed in any way. The Client will be responsible for any costs to remedy an error in any manner at no fault of Brite Designs.
g. Once a project has begun and you have acknowledged either by digital signature, visiting the Brite Designs website and/or responding to a communication or on Trello that you have read, understand, and agreed to the Terms of Service, you will be held to all standards set forth as well as any and all legal fees necessary to resolve any dispute that may arise at no fault of Brite Designs.
5. Payment & Refunds
Brite Designs accepts payments via PayPal.
a. All payments must clear before work can begin.
b. A 50% deposit is required to secure the Client’s place in the design queue with full payment due before final delivery. Any additional costs not specified in the initial proposal will be billed prior to installation.
c. Brite Designs will refund a deposit, minus a 10% cancellation fee, if the Client cancels prior to the project start date.
d. Once work has begun, any amount paid will be used as a kill fee to cover the time and work that has been put into a project in the event the Client wishes to terminate the project.
e. If full payment is not received within 5 business days of the initial invoice date, the Client will be removed from the design queue and the project will need to be rescheduled based on Brite Designs’ current schedule. Final files will be sent only after full payment has been received. Brite Designs reserves the right to hold all projects until payment has cleared.
f. In the event that a PayPal dispute is filed against Brite Designs or payment is overdue, Brite Designs reserves the right to revoke all Client rights to the deliverables discussed in the Proposal and they will remain the property of Brite Designs until the dispute is resolved. In addition, Brite Designs reserves the right to hold all deliverables until full payment is received.
6. Additional Costs
Additional costs may include, but are not limited to: additional revisions above and beyond what was included in the Proposal, fonts, photographers, custom illustrations, digital kits, stock photos, and/or any other graphic, or item not specifically listed in the Proposal.
The completed services are provided “as is” once the service has been paid in full and all assets have been delivered. In no event shall Brite Designs be liable for any damages arising from the use or inability to use the materials and services provided by Brite Designs, even if Brite Designs or an authorized representative has been notified orally or in writing of the occurrence or possibility of such damage. Brite Designs makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties.
a. Brite Designs respects the privacy of your personal & confidential information. All payment information, personally identifying information or passwords given to Brite Designs in any form are kept confidential at all times.
b. At no time will any private information from past or present clients of Brite Designs, including email subscription lists, be shared or sold for any reason.
c. In the event that any of Brite Designs’ accounts or physical property is hacked or stolen, the Client will be notified as soon as possible. The Client agrees to not hold Brite Designs responsible for loss of information. In addition, any dispute filed against Brite Designs by the Client as a result of a privacy issue will be held to all standards set forth in these Terms & Conditions and the Proposal, as well as any and all legal fees necessitated to resolve any dispute that may arise.
a. Should a project be terminated or until full payment is made, Brite Designs will retain the Copyright to any and all work completed for the project.
b. Brite Designs retains the right to reproduce, publish and display all work created for the Client in Brite Designs’ portfolios, websites, galleries, periodicals, exhibits, etc. for the purposes of recognition of creative excellence or professional advancement.
c. The purchase of a “logo design” allows the Client rights to use the design as a “logo” on all types of marketing materials for any and all branding purposes. Any design not specifically purchased as a “logo design” may not be utilized for branding purposes other than the use for which it was initially designed without the express written permission of Brite Designs.
d. All images used on the Client’s site remain copyrighted to Brite Designs unless they were purchased and/or provided by the Client. All images copyrighted to Brite Designs are to be used only for their intended purposes and may not be copied and used elsewhere on the Internet or in print except in the normal course of business. The Client does not have permission to give away, sell, print, or change these images without prior written approval from Brite Designs.
a. For book covers, Brite Designs will provide credit information to be included on the copyright page. When appropriate, Brite Designs will also add a small logo to the back cover for print designs.
b. For graphics, Brite Designs will add a small logo only when appropriate.
c. The Client is welcome and encouraged to credit Brite Designs when sharing the designs with others. Word of mouth advertising is the best!
a. Brite Designs will only use commercial use fonts, purchased fonts, or open source fonts in the images created.
b. Clients may be offered both free and paid fonts to choose from for type purposes. Chosen font licenses will be purchased at the client’s expense and added to the final bill. Clients who request a specific font that requires a commercial license may purchase the font license at their expense and provide it to Brite Designs for use in the project.
Should stock images be used in the project, they will be purchased with the Client’s consent and added to the final bill.
Proposals do not include fees that may be incurred to have the project printed after final file delivery. Brite Designs recommends Moo and Display Chilla for your printing needs. Please get a printed proof before confirming your order.
These Terms of Service are subject to change at any time without notice, at Brite Designs’ discretion. If you have any questions about these terms please contact us.