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P.O. Box 2846
Calhoun, GA 30703
Ph. 706.624.9403
or 770.608.3568
Designs By Tabitha

Terms and Conditions for Print Design Services

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  1. PRINT DESIGN AND PRINTING SERVICES INCLUDE:

    A. Print Design. Printed materials are designed based on client's instructions. Designs By Tabitha will provide the following for all printed materials (e.g. business cards, brochures, etc.): one draft with one proof.

    B. Revisions/Updates. Designer will provide Client with 1 free revisions/update within a 5 business day period after the intial design presentation. Additional consultation and/or revisions may be purchased at Designer's hourly rate of $20 per hour.

    C. Printing of materials. Upon approval (as described under section 2) the print design will be sent to the printer and following completion of the print process the materials will be shipped to client.


  2. COMPENSATION: For the Services contemplated in this Agreement, the Client will pay Designer the Print Design fees plus the printing fees as described below. Payment shall be made as follows.

    Full payment at the signing of this Agreement of the total cost of the selected printed material (as described under Exhibit A).

    Once the print design has been approved and sent to the printer PAYMENT CANNOT BE REFUNDED TO CLIENT.


  3. APPROVAL OF PRINT DESIGN: "Approval of Print Design" means the client has been faxed or e-mailed a copy of the print design and has signed the copy and faxed back to designer or replied by e-mail that the print design is approved for the printing process.

    Customer is fully responsible for final proof and layout approval prior to the printing process.

    Designs By Tabitha is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Grammar, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size INDEMNITY


  4. TIME OF COMPLETION: Designer will take all reasonable actions to complete the Print Design Services within 10 business days (excluding shipping time), however, Client acknowledges and that delays in Designer receiving revisions and/or materials from Client may slow completion of the Services. Printed materials will be shipped within 5-15 business days after being printed.


  5. OWNERSHIP OF PREPARED MATERIALS: Except those items described below, all materials, including the Custom Graphics, prepared by Designer for Client (the "Prepared Materials") shall be considered the exclusive property of Client. Designer hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to Client. The Prepared Materials do not, however, include any items or materials that pre-existed this Agreement ("Pre-existing Materials"). Designer hereby gives Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials. Client acknowledges and agrees that Designer may include the Print Designs or any of the other Prepared Materials in Designer's portfolio.


  6. CLIENT REPRESENTATIONS. Client represents and warrants that the text, graphics, and photographs provided to Designer for the Print Materials are owned or licensed by Client, and that Client is authorized to use and display such items in the manner contemplated by this Agreement. Client shall be solely responsible for the Print Materials and the validity of copyrights, trademarks and ownership claimed by Client. Client agrees to indemnify and hold Designer harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result in whole or in part, from: i) any infringement or any claim of infringement, of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs provided by Client, ii) any claim by a third party regarding any services or products sold or otherwise distributed by Client, its employees or agents, or iii) any claim, suit, penalty, tax or tariff arising from Client's use of the internet or electronic commerce. (Please read information under Exhibit A concerning images created using images obtained through a 3rd party.)


  7. TERMINATION OF CONTRACT: In the event Client cancels or terminates this Agreement before Completion of the Services, Designer shall be paid by Client pro rata for all completed work and the payment of any authorized expenses.


  8. CUMULATIVE RIGHTS: The Parties' rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.


  9. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.


  10. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.


  11. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Client and Designer.


  12. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.