Terms & Conditions

PURPOSE OF THE AGREEMENT WITH NJS CREATIVE DESIGNS & DESIGNERS

DATA FORMATS

The client agrees to NJS Creative Designs definition of acceptable means of supplying data to the company. Text is to be supplied to NJS Creative Designs in electronic format as standard, MS Word (.docx),  Portable Document Format (pdf), Google Docs, or via email. Images (JPG, PNG, PSD, GIF, ESP) Videos (MP4), and Audio (MP3) which are supplied in an electronic format are to be provided in a format as prescribed by NJS Creative Designs via website, email, Google Drive, or through a secured link. Images must be of a quality suitable for use without any subsequent image processing, and NJS Creative Designs will not be held responsible for any image, video, or audio quality which the client later deems to be unacceptable. Ideas are to be discussed as NJS Creative Designs deems suitable via Zoom, email, text, phone, or in person. NJS Creative Designs cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography or videography and art direction, photography or videography searches, media conversion, digital image or video processing, or data entry services, color correction and alteration of images, video, or audio.

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Design Delivery

Upon the final approval of design and final payment, the design will be sent as a digital file (JPG, PNG, PDF, graphic file format). All rights to website designs will be transferred to the Client.

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Design Duration

Upon the conclusion of the Creative Brief, estimated project duration should be deemed to be from the date that cleared funds for the Initial Payment and the signed Letter of Agreement are received. The duration of the project from commencement to Conclusion is thirty (30) days. If the preliminary proceedings are not met in a timely manner by the Client, NJS Creative Designs cannot be held responsible for any project cancellations, whatever the cause. Overruns are optional with an additional fee (disclosed in the Letter of Agreement).

The Design Phases are as follows:

1. Initial Consultation - The Creative Brief

2. The Conduction Of Agreement - Letter of Agreement & Initial Payment

3. Preliminary Design Phase - Follow Up Session & Brainstorm

4. Design Phase

5. Review & Revise

6. Final Review

7. Transfer of Design Ownership

 

Rights Of Access For Website Construction

The client agrees to allow NJS Creative Designs all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.

The customer also agrees to allow NJS Creative Designs access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply NJS Creative Designs with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

 

Design Phase

NJS Creative Designs require that a template or design packet is approved by the customer before the design process commences. Once the template(s) or design packet(s) for the website are approved by the customer, designing will commence; any revisions to the design will incur an additional charge.

Once the design is complete, NJS Creative Designs will provide the customer with the opportunity to review the resulting work. NJS Creative Designs will make three minor changes at no extra cost within 14 days of the start of the review period. Minor changes include textual changes, updated images, color updates, and small adjustments to placement of items within the design. It does not include added pages, services, or any navigation features to the website. It does not include a completely new creative direction for logo, printing, or digital designs. It does not include grammar or spelling edits for ebook manuscripts.  Any minor changes can be notified to NJS Creative Designs by email (nicole.smith@njscreativedesigns.com). 

 

Design Credits

The customer agrees to allow NJS Creative Designs to place a small credit on printed material, exhibition displays, advertisements and/or a link to Designer’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow NJS Creative Designs to place websites and other designs, along with a link to the client’s site on NJS Creative Design's own website for demonstration and example purposes and to use any designs in its own publicity and portfolios.

 

Rights of Refusal

NJS Creative Designs will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. NJS Creative Designs also reserves the right to refuse work, to include, or exclude submitted material without giving reason. In the situation where any images and/or data that NJS Creative Designs does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow NJS Creative Designs to remove the contravention without hindrance, or penalty. NJS Creative Designs is to be held in no way responsible for any such data being included or excluded.

 

Design Cancellation

If NJS Creative Designs does not receive a response or required tasks via email, text, phone call, or website forums from the customer/client within two weeks (14 days), NJS Creative Designs reserves the right to close all project activity. NJS Creative Designs will send one (1) Formal Warning via email and one (1) formal notice of project closure via email. NJS Creative Designs will not send reminders or follow up texts/emails asking if previous emails were  received or read. Communication is a requirement for all parties towards the completion for each project. In the case that NJS Creative Designs has to close a project of any kind due to a failure of Client’s response, no amount paid by the Client will be refunded. The client will then be asked to schedule a new Initial Consultation as the project will then be deemed as a new service. If the new service begins and the Client continues in failure of response or to complete required tasks on time, NJS Creative Designs reserves the right to put the project in Default Status and/or close the project for a 90 day waiting period.

 

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. NJS Creative Designs 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 Quotation

The placement of an order for design and/or any other services offered by NJS Creative Designs by email, social media, verbally, or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.njscreativedesigns.com.

An estimate validated by the customer’s signature on the Letter of Agreement, Payment Agreement, 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 “Client” and NJS Creative Designs.

 

Client Cancellation Policy

If the client desires to cancel service(s), the request must be submitted via email to NJS Creative Designs (nicole.smith@njscreativedesigns.com)  24 hours after the order was placed. If the Client submits the cancellation within 24 hours of booking a service with NJS Creative Designs and its Partners, a partial payment will be refunded to the client. Failure to submit the cancellation in the allotted time will result in a refused refund. 

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Copyright Usage:

The rights granted to Client are for the usage of the Final Designs in their original and/or revised form only. Nonexclusive license to use, unlimited duration, worldwide, this website only, client may not modify. All other rights to be negotiated separately.

 

Reservation of Rights:

All rights not expressly granted above 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  ($20.00 per revision during the Design Phase Only).

 

Revisions:

Three (3) revisions may be made only by the Designer during the Preliminary Design Phase, first thirty (14) days. Additional fees will be charged for revisions made after three preliminary design revisions, and for additions to project scope.

 

Payment Schedule

All payments are due on the date listed at the top of each invoice. Most projects require Fifty percent (50%) upon project commencement, remaining upon project completion. In the event that the client is unable to pay the complete 50%, please contact NJS Creative Designs for a payment plan. All other projects are to be paid in full by the due date listed along each invoice. If the project has commenced and the Project Completion balance enters the past due period, please contact NJS Creative Designs immediately to prevent additional fees and the project from transitioning to our cancellation phase.

 

Payment Terms:

Payment due fifteen (15) days from issuance of invoice or on the specific date listed on each invoice. A two percent monthly service charge will be billed against late payments. Grant of final project is conditioned upon receipt of final payment, and upon Client’s compliance with the terms of this agreement. In the event that a check or electronic payment fails, an additional $35.00 fee will be billed to the client. 

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Cancellation Fees:

If the client desires to cancel service(s), the request must be submitted via email to NJS Creative Designs (nicole.smith@njscreativedesigns.com) 24 hours after the order was placed. At this time, partial payment (75%) will be refunded to the client. Failure to submit the cancellation in the allotted time will result in a refused refund and/or compensated for services performed through the date of cancellation in the amount of a prorated portion of the fees due.  Upon cancellation, all rights to the design revert to the Designer and all original art must be returned, including sketches, comps, or other preliminary materials.  

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Late Fees:

If the Client fails to meet the required task due dates, the project enters a Generosity Period which includes the following details:

• This option is only available to client's who show cause for this level of service.

• The additional cost of $20.00 per task per day will be added to the remaining project balance.

• If the Client fails to submit tasks and accumulates late fees after 1 week, the project falls into default where the Client is then provided options based on the project status and Client cooperation.

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The Default Program Partnered with Soul Suite 412

Only available to Client's with cause. Applied when clients have allowed projects to enter into default.

• This program will include three (3) virtual sessions that must be completed in one (1) week.

• The cost of this program will be removed from the total late fee balance.

• If the sessions are not completed and the required goals are not met, the project will close completely and cannot be reopened with NJS Creative Designs until the 6 month waiting period concludes.

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Waiting Periods

Waiting periods are put into place once a project has closed and the Client would like to restart the project. The waiting period varies between 90 days and 6 months. The specified period depends on the status of the project.

 

Permission of Use:

The Client agrees to grant NJS Creative Designs and the designer(s) non exclusive rights to reproduce and publish completed work at its websites, for promotional use, and on all social media platforms indefinitely. With the Client’s permission, a link to the client’s website and/or social media page will be attached to the shared content. 

 

Preliminary Works:

Designer retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to Designer within thirty (30) days of completion of the project and all rights in and to any Preliminary Works shall remain the exclusive property of Designer.