Geared Media's Terms and Conditions
Terms and Conditions
Below are Geared Media standard terms and conditions. It is vital that you please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with Geared Media. Please also note that from time to time Geared Media may need to alter these terms and conditions
Acceptance of Terms
Agreement to work with, and submission of a design brief and payment of deposit to Geared Media constitutes agreement to these terms and conditions
A logo concept is definable as a logo design featuring one or more of the following: Typography, Symbol, Icon or Illustration.
Geared Media will supply an initial number of concepts for logo design only. The Client has the right to ask for five logo design concepts once an order has been placed, Geared Media will create further concepts only if a total of time spent upon the initial concepts totals less than ten hours of studio time. All design concepts will relate to one name specified by the Client.
A revision is any change whatsoever to a concept or design once it is presented. Geared Media offers unlimited revisions of proofs. The term 'Unlimited Revisions' does not apply to concepts. The Client may have unlimited revisions to one chosen concept only. The changes that are made under the term 'Unlimited Revisions' are changes of colors, changes of typefaces and fonts, changes of arrangement of elements within the concept.
Acceptance of the final work, whether verbal or in writing shall be deemed to represent the final stage of the work process. Any subsequent work requested by the Client in relation to the order may be separately chargeable at the discretion of Geared Media. In this circumstance any further fees will be advised to the Client in advance of the work being undertaken.
After Contract Additions or Updates to Web Sites
Once web design is approved and launched on the internet, Geared Media will provide the customer with the opportunity to interact with the resulting work. Geared Media will make one set of minor changes at no extra cost within 14 days of the site launch. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to Geared Media by e-mail or phone. Geared Media will consider that the client has accepted the web site, if no notification of changes is received in writing from the customer, within 14 days of the launch date. An hourly fee after this time for updates, adjustments and amendments is payable of $100.
While Geared Media takes all care to avoid errors, Geared Media accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any approved project approved for print or production. The Client must proof read and approve all final copy before the production of artwork. The email or verbal verification of The Client shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by The Client's proof reading.
Cancellation of Work
The Client, at their discretion, may terminate further work on a project. In such a case, all time spent on the project by Geared Media will immediately become due and payable in full. The initial deposit of 50% of the estimate will not be refunded.
Geared Media strives to meet realistic deadlines set and agreed upon through clear communication with the Client, but turnaround always varies from project to project. The amount of time the Client takes to review a proof prior to requesting a revision or approving final artwork can and will greatly affect turnaround time. Excessive review time will alter agreed upon deadlines.
Payment is accepted via cash, check, credit card or Pay Pal. A non-refundable deposit of 50% of the total estimate of the project is required before any work can begin, with the remaining balance due upon completion of graphic, multimedia, or print work. Web design projects will require the first 50% before the project begins, the next 25% upon approval of the home page layout and the final 25% due before launching the site live on the web. The Client will have the opportunity to approve additional charges should any occur as the work progresses. Payment in full will release the completed product either on a CD, to the web, or printed material.
Digital Media in the formats of your choosing can be picked up at our location on CD. Web Design work is directly uploaded to your server. Printed items must be picked up at the shop.
With promotional item printing, your product is subject to a 10% over or under run and will be billed or credited accordingly. With paper printing, we may print slightly more than what you ordered at no additional charge. As printing industry trade standards allow for underages of up to 10%, sometimes we will print slightly fewer pieces than you ordered. If you need to receive the exact amount ordered, it is best to communicate this to someone in our production department at the time you place your order. Under no circumstances will a refund or reprint be honored for a quantity that was shorted less than 10%.
Any unique artwork generated by Geared Media for the Client belongs to the Client when payment in full is received. All work provided to the Client by Geared Media is believed to constitute original work, and is prepared in good faith that it does not infringe on the rights of any other party. However, Geared Media cannot provide an explicit or absolute guarantee that any specific works do not infringe upon existing third-party rights, whether inadvertently, by coincidence, or otherwise. The Client is hereby encouraged to further research, trademark or copyright the work through the legal process required in their location.
All preliminary work and materials produced by Geared Media for the purposes of developing any work remain the sole property of Geared Media (excluding any incorporated materials supplied by the Client). Geared Media shall have the exclusive rights in making any derivative works of any content that we create.
The Client unconditionally guarantees that any elements of text, photos, trademarks, or any other artwork furnished to Geared Media for inclusion in any design project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Geared Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Any unauthorized usage of copyrighted materials created by Geared Media will be actively pursued through legal channels.
Geared Media shall have no responsibility for any third party theft including: accessing, using or taking all or any part of your published work.
By approving any final work whether verbally or in writing, the Client assumes all responsibility for the subsequent usage of the chosen work.
Geared Media may wish to use examples of developmental or final completed work prepared for the Client as a part of our future marketing materials or in our portfolio. Geared Media may also wish to use relevant sections of correspondence attributed to the Client as reference or testimonial material.
Limitation of Liability
Geared Media will not be held responsible for any loss or damage sustained by the Client as a result of the use of materials supplied by Geared Media.
Changes to Terms and Conditions
Geared Media reserves the right to change the Terms & Conditions at any time. If an order has already been placed before the new Terms and Conditions are presented then the Terms and Conditions that were presented at the time of a client placing an order will be the Terms and Conditions that apply to that order. Any orders placed after the new Terms and Conditions have been presented will be subject to the latest Terms and Conditions.
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