and Conditions for contracting with Alchemy Design Group (ADG)
upon the AIGA Standards of professional practice published July 06, 2004
immediately (Updated January 01, 2008)
proposals for services will remain firm for 30 days from date of submission and
are susceptible to changes due to possible unforeseen pending alterations.
approvals must be received prior to any work being performed. Written approvals
must also be received at specified milestone points of project before moving
forward on any further work. Milestone and final approvals not received within
10 business days of being issued will warrant project to be considered final,
closed, and billed for all accrued time and cost to that point.
outside of original specified project scope that arise during the approved
project process, rather by ADG or client, will require interruption of project
and re-evaluation, possibly incurring further cost and time. Client will be
alerted immediately and resolution, along with any further time/cost accrual
will be discussed in depth and agreed upon by both parties prior to moving
forward if such instance should occur. Additional services may include, but are
not limited to, changes in the extent of work originally requested, changes in
original schedule, changes in the complexity of any elements of the project and
any changes made after client approval has been given for a specified stage of
the project according to the agreed-upon schedule, including concept, design,
and development and marketing. All
initial planning steps will be taken to help eliminate the possibility of such
instances to occur.
specifically noted otherwise, the following are NOT included within the
specifications of our proposals and will need to be supplied by client. These services are available through ADG and
will be quoted if/as needed or requested:
marketing, paid search engine submission fees
supplied content– photography, copy, etc…, must be supplied in electronic
format. Image scanning and copywriting services are available for additional
charge if needed. Client retains exclusive rights to these materials, and all
supplied materials will be returned to client at completion of project.
Upon receipt of
final approval and payment in full, ADG shall release all usage rights to all
approved final files. Final files will be submitted to specified outside print
vendor and/or uploaded to the specified server location and client will also be
supplied an archive disk containing all final files at the close of project.
ADG retains the rights to all working files, unapproved comps and the right to
use final files for promotional purposes.
In such case of
failure of final payment, client will be contacted in writing no less than
three times. Non-response to requests will result in suspension of hosting
services*. If such instance should occur, all final files will be archived to
disk prior to, and held by ADG until resolution can be met. Resolution may
include mediation, or legal proceedings. All
steps will be taken to help eliminate the possibility of such instances to
ADG is NOT
responsible for any server-side alterations to outside hosting solutions chosen
by client. If outside hosting solution is to be used, client understands that
they are responsible for handling all set-up and requirements. Hosting requirements that are to be met are
as follows: Windows hosting environment
with the .Net Framework 1.1 or 2.0 and Microsoft SQL Server
ADG is NOT
responsible for any client-side set-up or maintenance of email accounts.
figures or estimates for reimbursable expenses or implementation charges e.g.,
out-of-pocket expenses, typesetting, printing, fabrication, hosting or
installation are for planning purposes only. ADG will use our best efforts to
work within stated budgets but will not be held liable if these expenses exceed
budgets. When possible, no expenses in excess of the budget will be incurred
without the client’s written approval in advance. Client will reimburse ADG for
all incurred expenses incurred by ADG on specified project. These expenses
shall be listed beforehand within submitted proposal and will be billed at cost
plus any surcharge indicated for account handling, management and supervision.
Upon clients request at the start of the project, records for incurred out-of
pocket expenses will be retained by ADG and will be made available to client
upon completion of the project.
approval of any proposal submitted by ADG, client will make all payment
installments, as scheduled and outlined within submitted proposal. Client will
pay interest on all overdue amounts not exceeding the maximum amount allowed by
contract with other individuals or companies acting on behalf of client in
order to provide additional services such as design, development, writing,
photography, illustration, development, hosting, marketing, printing and
fabrication. Client agrees to be bound by any terms and conditions, including
required credits and usage rights, with respect to reproduction of the
materials that may be imposed upon ADG by these third parties.
In the event of
cancellation of project, a written notice by client must be received within two
weeks of specified project completion. Cancellation fee will be paid by the
client and will include full payment for all work completed, expenses incurred
and hours expended. The cancellation fee will be based on the prices outlined
in the original estimate/proposal**. Any initial payments/deposits that have
been received will be credited against any outstanding amounts due.
These terms and
conditions and the proposal in which they represent signify the entire
agreement between the client and ADG and may be changed or modified only in
writing and with the approval of both parties. Client and ADG represent that
they have full power and authority to enter into this agreement and that it is
binding upon client and ADG and enforceable in accordance with the terms and
conditions listed herein. These terms and conditions will be governed by the
applicable laws of the state of California.
* Suspension of
hosting services pertains only to hosting service provided by ADG, and does not
include outside hosting solution if provided by client.
will be calculated based up hours worked by ADG towards project at a rate of
$100 per hour.