Terms of Service
All services provided by 1AD Studios are governed by the following Terms and Condition.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to uphold the payment schedule agreed upon. We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
Prices valid for 30 days from date on your quote/estimate. The fees quoted are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The accompanying quote/estimate is a good faith estimate of the time and expenses 1AD Studios anticipates. The Client understands and agrees that 1AD Studios will bill for actual time and expenses incurred, which may be greater than that one which was quoted. Any labor required over the quoted amount and all communications, travel, or meetings will be billed as Extra Service. (See Extra Service Fees)
In order for 1AD Studios to begin production there will be a 50% nonrefundable deposit of the total quote/estimate amount. If agreed upon in writing by 1AD Studios other initial deposit amounts or payment arrangements can be made to begin production. The deposit will count towards the total amount of the quote/estimate. Initial deposit will not count towards any Extra Service Fees incurred. (See Extra Service Fees)
New design proofs are presented within 14 business days (Monday–Friday) of receiving all project information. Revisions are made within 3 business days of receiving feedback.
1AD Studios will create designs for the look-and-feel, layout and functionality of your original requested job to the best of our ability. The design will include a proof, plus the opportunity for the client to make up to 2 revisions free of charge.
Changes and revisions
Any subsequent revisions beyond the initial 2 free revisions offered with the original design will be billed at $25 an hour or the hourly rate determined during the quote/estimate agreement and will be charged in 15 minute increments. Revisions can include color, size, image(s), look and feel of design, layout, and fonts. If at any point you’re not happy with the designs at this stage you may opt to cancel this contract and the initial deposit will cover all work completed up until this point. If the amount of work completed at the hourly rate agreed upon in the original quote/estimate surpasses the initial deposit amount the remaining balance will be billed and paid in full by the client. Cancellation fees may apply.
Client is responsible for written approval of work ordered (i.e., copy, design, photography, typesetting, as well as any and all changes or revisions) required for the completion of the work. This approval can be in the form of initials or email. Upon acceptance of the work, client accepts responsibility for any further processes in which this work is used (i.e., film output, printing, etc.) 1AD Studios is not responsible for errors occurring in this work or projects related to this work after acceptance of the work.
Proofreading Your Artwork
Read your proof carefully. Review all names, addresses, phone numbers, websites, and other important information. 1AD Studios are not responsible for errors found after the artwork/design has been approved; accuracy of the information is the Client’s responsibility. Refunds or discounts will not be given due to errors found on Client-approved artwork.
You will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. If you would like us to search for stock photography, we will be glad to assist you and you will agree to reimburse us any cost spent to acquire the image. The time spent to research the image during the process of development of an individual design work will be charged at the agreed upon hourly rate. If the research has been requested before or after the completion of the design work it will be charged as Extra Service.
Any request before or after a completed and delivered job will be defined as Extra Service. Extra Service may include: design consulting; any type of research; file editing (size change, format, revision); copy of files/images or design request; sending copies of displaced files; contacting printers or any outsource companies and scanning images, will be charged at a minimum of one hour of work at the agreed upon rate.
Basically, anything that requires spending time serving your Company, while not working on a design project will be considered Extra Service.
Payment & Cancellation Terms and Condition:
Final client approved design, artwork, print, video or web ready file(s) will be delivered or placed online in a client friendly format (for native file request see Artwork Release) after invoice has been submitted and full payment has been received by, 1AD Studios. Available payment methods will be described on the invoice.
All design orders are subject to cancellation fees. Jobs placed on hold for over 7 working days will be considered cancelled and the initial deposit will cover payment of all work completed up until that point. If the amount of work completed at the hourly rate set in the original quote/estimate surpasses the initial deposit amount the remaining balance will be billed and paid in full by the client. If the client chooses to reopen the order within 7 business days from the invoice date showing cancellation, the applicable fees will be credited to the completion of your reopened projects.
A late fee of $25 or 1% of the total invoice amount (whichever is greater) will be applied on the first day of each week past 30 days from invoice date. If a payment has not been received by the due date but it has been mailed, you are responsible to pay all late fees within 1 week. If the late fee has not been received within 1 week, further late fees will accrue. 1AD Studios is not responsible for payments claimed to be lost in the mail, sent to the wrong address, or otherwise not received. After 60 days of non-payment, the invoice will be forwarded to a collections agency.
We can’t guarantee that the functions contained in the artwork will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to use the artwork, even if you have advised us of the possibilities of such damages.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the artwork are either owned by you, or that you have permission to use them.
Grant of any reproduction rights to the client is conditioned upon receipt of payment in full. 1AD Studios shall reserve all rights not expressly granted. The designs, original artwork, electronic proofs, print-ready PDFs, and all other files created by 1AD Studios are protected by Federal Copyright Law and may not be reproduced, manipulated, re-worked for other purposes, edited, submitted to any contests, or shared in any manner without our explicitly written permission. We retain the right to make reproductions for our portfolio, samples, self-promotion, professional competition and review, and website even if the artwork release has been purchased. Associated designs and artwork can include commercial print design/business card/stationery design/signage/desktop icons/mobile phone and other portable device application icons and imagery. Any supporting artwork and designs required by this project can be used as indicated by 1AD Studios for personal and professional reasons.
If any native files such as but not limited to; Source Code, After Effects, Photoshop, Illustrator or Cinema 4D are requested, there will be an artwork release fee of 10% the total invoice amount. The original artwork remains copyrighted to 1AD Studios, unless previously agreed in writing.
You agree to indemnify, defend and hold harmless 1AD Studios, our independent contractors, affiliates, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including attorneys’ fees) related to any artwork that you supply or approve. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with us to the fullest possible extent.
Right to Withdrawal
1AD Studios ’s discovery of new information, changes, or other factors tending to circumvent our policies could result in our withdrawal. Non-cooperation; multiple missed appointments; bad or returned checks or late payments are examples of contributing factors. Should 1AD Studios initiate the withdrawal, all fees and payments will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, $25 per hour is billed for all design services already provided, consultations, and all driving time, rounded up to the nearest half-hour.
1AD Studios, operates in Waveland, MS in the United States of America. The laws of the State of Mississippi will govern the legal notices and conditions of use without giving effect to any principles or conflicts of laws. 1AD Studios retains the right to take legal action if this Agreement is violated, and in such case, if 1AD Studios prevails, the Client is solely responsible for any and all mediation, arbitration, and legal fees incurred by 1AD Studios. If a party in any manner violated or threatened to violate 1AD Studios ‘s intellectual property rights, 1AD Studios may seek injunctive or other appropriate relief in any state or federal court in the state of Mississippi, and the Client consents to exclusive jurisdiction and venue in such courts, notwithstanding any provision in this Agreement which can be construed to the contrary. Any dispute relating to the products and/or services Client purchases through 1AD Studios or relating to a breach of this Agreement shall be resolved in the city of Waveland, MS in the United States of America.
In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect.
This contract constitutes a full and complete Agreement between the parties. There are no oral or other Agreements that supersede this Agreement. This Agreement describes the terms and conditions applicable to the services available by 1AD Studios. This Agreement describes the Client’s responsibilities and, among other things, limits the liability of 1AD Studios.
1AD Studios, reserves the right to modify the Terms and Condition at any time, with prior notice to the Client.