Terms and Conditions
"consider yourself BRANDED" | Helene Abrams | 917.674.1025 •
Thank you for your interest in my services. I pride myself in operating in a fair and reasonable manner at all times, to maintain a great relationship with my clients. It is, however, important to have certain contractual aspects agreed in order to protect both parties. By using my services, you as my Client agrees to be legally bound by the following terms and conditions. Please read these terms and conditions carefully. Any use or purchase of any of my creative ideas and services implies that you have read and accepted my terms and conditions. I understand that it is important to feel comfortable with a designer before entering a working relationship and therefore I am happy to offer your first 1/2 hr. consultation as my client, initial briefing response and estimates with no charge or obligation. Subsequent phone consultations, advice, meetings, training, written, spoken creative concepts and work will attract additional fees.
The following Terms and Conditions of Service apply to all products and services provided by cyBRANDED, (Helene Abrams).
Copyright is retained by cyBRANDED, (Helene Abrams) on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of naming, taglines, design or content writtng or spoken creative concepts are presented, only one solution is deemed to be given by cyBRANDED, (Helene Abrams) as fulfilling the contract. All other names, taglines, design, content writtng or spoken creative concepts remain the property of cyBRANDED, (Helene Abrams), unless agreed in writing that this arrangement has been changed.
At the time of proposal, cyBRANDED, (Helene Abrams) will provide the customer with a verbal, written estimate or quotation. The Terms and Conditions can be read on cyBRANDED, (Helene Abrams)’ website. All work is carried out by cyBRANDED, (Helene Abrams) is on the understanding that the client has agreed to cyBRANDED, (Helene Abrams) terms and conditions on this site.
I will endeavor to work within the time frames scheduled, provided you supply me with the related materials to be incorporated into the design . You (The Client) agrees to provide all comments and missing materials requested by consider yourself BRANDED ( cyBRANDED) in a timely manor.
Client Corrections ( very important)
A reasonable level of author's corrections is acceptable within the estimate at no extra cost. This will include minor changes to original text and the re-positioning of text. It will also include changes to picture size and positioning and any changes to details such as addresses, etc. I will make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client's responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that as the designer, I am not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public. It is your (the client's) responsibility to review the final proof and layout of all designs.
Maintenance or updates are outside the scope of the design project. When updates are required cyBRANDED will provide time and materials based quotes for this work.
All Client's work is developed within 30 days. If after 60 days the Client has delayed or failed to provide key materials or feedback, I will assume the Project complete. At such time, I and cyBRANDED will have no further obligation to Client, and Client shall pay me all fees and expenses associated with work performed by me and my company (cyBRANDED).
Management of Files
I will archive digital files of completed project work as a free service for my clients for a period of 1 year. You may request copies of your artwork, however the search, retrieval and distribution of physical and/or electronic files from archives can be time consuming and therefore will attract a my hourly fee that must be paid in full before I release any files. Please note that in some situations, archived files may not be accessible, due to incompatibility with current computer software and/or storage media deterioration or corruption. I will take every care to preserve all digital files, however I cannot be held responsible for reproducing work free of charge in the event that files cannot be recovered. I only use professional design software therefore in some cases you will need those programs to open your files.
The Client's right to use my work is conditioned upon receipt of payment. Ownership of the final work becomes the property of the Client, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees. cyBRANDED retains rights use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. All concepts, or other preliminary materials, which are not selected by the Client or are not included into the final delivery, remain the full property of Helene Abrams. All material including text, images supplied by the client and used in the construction of the client’s website, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. The copyright for any material provided by cyBRANDED , will remain the property of Helene Abrams until such time as payment has been made in full whereupon they will become the property of the Client. All correspondence and documents provided will be treated as confidential between Helene Abrams, Designer, and The Client, unless consent has been granted by both parties.The client agrees to provide Helene Abrams, Designer, with text, images, graphics, photographs and other material which does not infringe upon the rights of any third party or copyright legislation. Copyright laws also pertain to the content you submit to Helene Abrams, Unlicensed or misuse of copyrighted material from books, magazines, newspapers, photographs, web content, writers, artists, composers, publishers, and other authors is strictly prohibited. As your designer, I will not assume the responsibility of checking the content of its client's submitted materials for copyright violations. I will not be held accountable for any illegal use of copyrighted material by Client.
Invoicing & Payment:
Payment for any project is due upon receipt of the invoice.
You can pay invoice by either bank transfer or Paypal ( where you can pay by credit card if you prefer). *PayPal payments incurr a 2.5% fee
Payment for work is due upon receipt of the invoice, net (5) days. The Client's right to use the work is conditioned upon receipt of payment within 30 days. A five percent (5%) monthly service charge will be billed against late payment and will not be refunded. The Client must pay to consider yourself BRANDED, Helene Abrams, any costs, expenses or losses incurred by cyBRANDED, (Helene Abrams), as a result of the Client's failure to pay to cyBRANDED, (Helene Abrams) on-time. All sums outstanding as owed by the Client to Helene Abrams, without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment of a solicitor.
Order Cancellation (“kill”) fees:
These fees due are based on the amount of work completed. Fifty percent (50%) of the final fee is due within 30 days of notification that for any reason the job is canceled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been 80% completed. In the event of cancellation of the project, ownership of all concepts (written or verbal) copyrights and designs shall be retained by cyBRANDED, (Helene Abrams). If the Client wants to use ( or uses ) any of the above, then an additional fee for creative will be invoiced separately. Failure to pay invoice will be considered “copyright infringement”,and will result in additional penalties. Should the project re-commence, any payments received by the client will be credited upon completion of the project. Disclaimer Design, strategy, photography and marketing are all highly creative and subjective art forms. Helene Abrams, Designer, takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however I cannot be held responsible for variations between expectation and outcome. Helene Abrams, Designer, will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its Host. Helene Abrams, Designer will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of a site owner.
Trademarks and Service marks:
cyBRANDED, (Helene Abrams), expects the Client to perform researching on their company name to be sure the name is not already in use and securing a trademark or service mark to protect the Client's legal rights to any name or image. cyBRANDED, (Helene Abrams), is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.