It is my desire to make certain my Clients are satisfied with the work we do together and know what to expect during the entire design process. The following terms and conditions are offered to clarify the terms of our work together.
Purchase of a daily, weekly or monthly retainer or visual design project from Think Visually Design Studio infers agreement to the contents on this page. Consequently, the following terms and conditions apply to all products, packages and services provided by Think Visually Design Studio.
All work is performed by Think Visually Design Studio is based on the understanding that the Client has read and agreed to these terms and conditions. Before work can commence, the Client is required to accept these terms and conditions by filling out and submitting the form located at the bottom of this page.
Think Visually Design Studio is a self-employed independent contractor, working on potentially many projects for various Clients at any given time. Consequently, work on a Client’s project at a specific time or for a specific schedule cannot take place unless an agreed upon schedule has been outlined in a written contract.
My current work hours are is Monday through Friday, 9am to 4pm, EST. Think Visually Design Studio is closed on weekends and all major U.S. holidays. Any agreement for work to be completed assumes that the work will be done within the standard timeframe described above.
Per-Project Work: If you hire Think Visually Design Studio on a "per-project" basis, timelines to complete a project will vary by project. Think Visually Design Studio strives to meet realistic deadlines set and agreed upon through clear communication with the Client. Any agreement for work to be completed will be done within a reasonable, non-rush schedule. This schedule is determined on a project-by-project basis, based on the the type of project to be completed, and the number and type of projects already on the calendar.
Projects are placed on they work calendar on a first-come, first-served basis, and not until the required signed contract, payment or deposit, and agreed upon resources or information are delivered to Think Visually Design Studio.
“Rush jobs” and late or weekend hours incurred to accommodate additional compressed deadlines will be negotiated separately and are subject to additional fees.
Retainer: The agreed upon retainer time is for work carried out during normal business hours described above. All retainers (whether daily, weekly or monthly) will begin with a contract that states the number of hours set aside for the Client for the agreed upon rate.
Additional work, overtime work or non-standard work will be negotiated between the Client and Think Visually Design Studio before this work commences.
The agreed upon retainer rate is to remain confidential between the Client and Think Visually Design Studio. Think Visually Design Studio reserves the right to change the retainer rate charged to clients. However, the Client will be notified in writing at least 30 days prior to new rate taking place.
All fees and dollar amounts quoted on this website, social media networks, newsletters and contracts or proposals are in U.S. dollars.
Think Visually Design Studio does not accept checks. All payments are handled through Freshbooks invoicing and payments can be made via credit card or PayPal.
"Per-Project" Work: Unless otherwise stated on the written contract, before work can begin on any project, a 50% deposit of the quoted fee is due immediately after the Client signs the written contract. The remaining 50% is due before the final work can be released and delivered to the Client.
Daily or Weekly Retainers: Payment in full is due before work can commence. The number of hours provided for the daily or weekly retainer will be stipulated in a written contract prior to work commencing.
Monthly Retainers: Monthly retainers are paid in advance each month prior to the 30-day period commencing. To begin, a contract outlining the number of hours and the retainer rate will be provided to the Client by Think Visually Design Studio. The Client must approve and sign the retainer contract before work can commence. However, the Client may cancel the retainer contract at any time. If a monthly retainer contract is canceled before the end of a 30-day period, the remaining hours of the contract will be provided by Think Visually Design Studio through the end of that 30-day period.
If the Client wishes to renegotiate a monthly retainer contract by adding or subtracting hours, the new contract will commence at the NEXT 30-day retainer period.
"Per-Project" Work: the Client, at their discretion, may choose to cancel or request that work cease on a project. In such an instance, all time spent on the project by Think Visually Design Studio will immediately become due and payable in full.
Monthly Retainers: the Client may cancel a monthly retainer contract at any time. However, cancellation will not take effect until the next 30-day retainer period. Please see above (Payment) for more information.
Due to the creative nature of the services and products offered, payment is not only for the agreed upon products and/or services, but also for the time, talent, experience and design abilities of Think Visually Design Studio. Consequently, all sales are final and any payment(s) made by the Client is non-refundable by Think Visually Design Studio.
If products and/or services delivered to the Client by Think Visually Design Studio does not meet with the Client’s satisfaction, refunds or exchanges cannot be made. However,Think Visually Design Studio agrees to make every reasonable effort to make certain the Client is satisfied with purchase.
Copyright of all work is retained by Think Visually Design Studio including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled and paid in full by the Client.
If multiple design concepts or proofs are submitted to the Client, only one concept is deemed to be given by Think Visually Design Studio as fulfilling the contract. All other designs, concepts, illustrations, copy, ideas and proofs remain the property of Think Visually Design Studio , unless otherwise agreed upon in writing.
The Client represents to Think Visually Design Studio and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Think Visually Design Studio for inclusion in the Client’s 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 Think Visually Design Studio from any claim or suit arising from the use of such elements furnished by the Client.
It is the responsibility of the Client to make certain these terms and conditions of service have been read and understood and that the Client complies with said terms and conditions before completing their purchase with Think Visually Design Studio. If you have any questions regarding these terms and conditions, please contact me.
Communication: After the initial consultation via SKYPE or phone call, to protect the interests of both parties and avoid any potential miscommunication, Think Visually Design Studio asks that all contact be carried out via email. In this way, a written record of all conversations is preserved.
Once work begins on a project, it is the Client’s responsibility to be available via email to provide input, answer questions and give feedback and approval in a timely fashion. The Client is expected to avoid any unnecessary delays that will increase the timeframe work for a project to be delivered.
Written Proposal & Contract: Unless otherwise indicated in writing, the fees for any service or product provided by Think Visually Design Studio will be set out in a written proposal or contract that is provided to the Client. Once delivered, this written proposal is valid for 30 days.
A copy of the proposal/contract will be provided to the Client, who must sign, date and return to Think Visually Design Studio before work or their project can commence. Doing so indicates the acceptance of the proposal by the Client.
Fees & Payments: At the time the Client signs the contract, a non-refundable deposit of 50% of the quoted fee (per-project work, payment in full of the daily or weekly retainer, or first 30-day payment of a monthly retainer is due immediately. Work on the project or retainer can not commence until Think Visually Design Studio has received this payment.
Design Assets & Resources: The Client accepts that all resources, assets and information deemed as a requirement by Think Visually Design Studio to complete any project or retainer work must be provided by the Client before work can commence.
If the Client has not provided the requested resources, assets, and information for the work within 30 days of the signed contract, the project may be cancelled at the discretion of Think Visually Design Studio, and be subject to the conditions set forth in these terms and conditions regarding cancelled work.
If request work requires that Think Visually Design Studio collect information regarding the Client’s name, email address, contact information, etc., all information collected during the course of work on and delivery of any products and services remains private and will never be shared with a third party.
Think Visually Design Studio will not take responsibility for any copy or design errors committed on the part of the Client. It is the responsibility of the Client to carefully proofread and review all graphic designs, web designs, artwork, copy, text, scripts, videos, etc. In addition, Think Visually Design Studio is not responsible for incorrect dates or misspelled words submitted by the Client. Under no circumstances will a refund or redesign be honored for an error submitted by the Client. Any revision, edit or change is requested due to an error on the part of the Client will require a new written quote and contract.
Think Visually Design Studio will not be held responsible for any loss or damage sustained by the Client as a result of the use of materials created or supplied by Think Visually Design Studio. All work created and produced by Think Visually Design Studio will be considered approved for use by the Client prior to being released and delivered to the Client for use in any way. The maximum liability of Think Visually Design Studio under any circumstances shall not exceed the paid amounts as outlined in the written quote and contract.
Once the product and/or service is delivered as stated in the written proposal and signed contract, the contract with Think Visually Design Studio by the Client is considered complete. The Client may not ask for additional changes or embellishments without being invoiced for new work or retainer, and charges.
If it is believed that the Client, their business, website, or material/content is illegal, immoral, or otherwise unacceptable, Think Visually Design Studio reserves the right to refuse or to break a contract without any prior notice. If a contract is terminated on behalf of Think Visually Design Studio, a full refund will be issued to the Client.
In whole or in part, Think Visually Design Studio may revise or change the terms and conditions of providing services at any time and without notice.