SHANE RUFF STUDIO TERMS AND CONDITIONS

Welcome to SHANE RUFF STUDIO! By using SHANE RUFF STUDIO, and purchasing a service, you agree to be legally bound by these Terms and Conditions of Use (the "Terms and Conditions"), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use SHANE RUFF STUDIO. SHANE RUFF STUDIO may revise these Terms and Conditions at any time.

COPYRIGHT / TRADEMARKS

The client unconditionally guarantees that any elements of text, graphics, photos, design, trademarks or other artwork furnished to SHANE RUFF STUDIO for inclusion in the 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, indemnify and defend SHANE RUFF STUDIO and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the client. It is the Client's responsibility to do a Trademark/Copyright search in order to register their logo as a company Trademark. Learn more at: www.uspto.gov  The Client will hold harmless and protect SHANE RUFF STUDIO from any claim or suit arising from the use of such as furnished by the client.  SHANE RUFF STUDIO makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, SHANE RUFF STUDIO'S liability is limited only to a refund of the paid amount. SHANE RUFF STUDIO will do no research checking on the legal availability of the name we are creating designs for. It is the Client's responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client's sole responsibility to secure a service mark or trademark to protect the rights to any name or image. SHANE RUFF STUDIO and its employees 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.

 

OWNERSHIP OF DESIGN                

Ownership of all variations/iterations up to and including the final artwork design is the full property of SHANE RUFF STUDIO and will be made available solely on materials or goods that SHANE RUFF STUDIO prints for you.  You can order reprints of the design without incurring any additional cost for use/reuse of the image/design.   The client may not reproduce or otherwise use design mock-ups, drafts, sketches etc. in any way created by SHANE RUFF STUDIO, without written/paid permission.

 

OWNERSHIP OF ARTWORK AND SOURCE FILES

Except for Customer's Proprietary Artwork contained or as part of the Project, SHANE RUFF STUDIO shall hold all rights, title, and interest in all original artwork, whether in draft, mock-up, design phase, conceptual form or final development for the Project. Specifically, but without limitation, SHANE RUFF STUDIO shall hold all right, title, and interest in and to (1) all text, graphics or digital components of the Project (the "Content"), (2) all layouts, logos, structures or arrangements or other components of any materials presented to Customer that comprises the Project, (3) all literal and nonliteral expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Project or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine SHANE RUFF STUDO’s right, title, and interest in the Project, as described in this Paragraph 4. Notwithstanding the above, Customer shall retain and, Designers shall have no proprietary rights whatsoever in all of Customer's intellectual property rights in any and all text, images or other components and/or materials owned by Customer, or which Customer has the legal right to use, that are delivered to SHANE RUFF STUDIO, including but not limited to, related documentation, Customer marketing material, logos, and tag lines ("Customer's Proprietary Material"). Designers agree that they shall not use Customer's Proprietary Material for any other purpose than those expressly set forth in this Agreement.

 

COMPENSATION

In return for the Projects that are completed and delivered under this Agreement, Customer shall compensate SHANE RUFF STUDIO, pursuant to the terms contained herein. In the event Customer fails to pay in full by the established payment due date, SHANE RUFF STUDIO has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the agreement, (2) withhold all files, artwork, source, commitments or any other service to be performed by SHANE RUFF STUDIO for Customer, (3) bring legal action, (4) Charge credit card on file for services provided. Customer is fully responsible for all material costs, and accepts responsibility for all additional material costs that SHANE RUFF STUDIO may incur in the development of this Project.

 

PURCHASE OF DESIGN WORK

You can purchase a graphic design that SHANE RUFF STUDIO creates for use outside the print services we provide.  The purchase price for design work is relative to the amount of time involved in creating the design, scope of project and other variables, and will be negotiated separate from any print service.  Upon purchasing a graphic design, it would then become your full property and you would have unlimited, indefinite and unrestricted use of the design.

 

RIGHTS OF DESIGN USE

SHANE RUFF STUDIO retains the right to display the artwork in any form in their corporate portfolios and marketing materials. Unless otherwise arranged, all designs are used under royalty-free license of and remain the intellectual property of SHANE RUFF STUDIO. As such, the Client has legal rights to use the graphic design only within the scope of the purchased design and merchandise, and all original copyrights are retained by SHANE RUFF STUDIO. Exclusive, rights-managed graphic design is available, but will incur additional cost.

 

DRAFT CONCEPT POLICIES AND COPYRIGHT

All concepts furnished to the client are for client review and comment purposes only. Until all project invoices are paid in full by the Client, SHANE RUFF STUDO will retain exclusive copyright and ownership of all design and draft materials. Ownership of final designs remain the property of SHANE RUFF STUDIO unless the client has arranged in writing to purchase the design separately.  SHANE RUFF STUDIO retains ownership of all draft materials not used in the final design. All draft concepts previewed by the client are for client review and comment purposes only. Until purchase and full payment is received for the graphic design, by SHANE RUFF STUDIO, all logos, artwork, concepts and designs remain the copyright and exclusive property of SHANE RUFF STUDIO. SHANE RUFF STUDIO reserves the right to utilize and/or reproduce any image, logo or illustration created by SHANE RUFF STUDIO in advertising, electronic or traditional reproduction.  SHANE RUFF STUDIO retains the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork, and is granted the right to use these logos in promotional and advertising and marketing materials.

 

REVISIONS AND ALTERATIONS

 Any and all revision requests or project additions/alterations MUST be furnished in writing. Revisions may be discussed verbally, or via email, however no work will be done until the Client submits their revisions in writing, either by Email, Mailed Letter or Fax. The Client understands that revision work, along with requests for project additions or alterations, will incur the same hourly billable as noted in the project quotation. Revision work is not done free of charge unless otherwise arranged, in writing.

The quotation assumes a reasonable average number of revisions per design item, but on very rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions. Any and all revisions will still incur the hourly rate as noted on the project quotation, and the Client confirms that any revisions or additions they request will incur this cost.

 

PAYMENT POLICIES

Graphic design is a professional service, not a restockable product or commodity - clients are billed for the time and expertise of our graphic designer. In accordance with industry standards, SHANE RUFF STUDIO charges for design services by the hour (unless a flat fee has been negotiated in writing) and does not offer refunds under any circumstance.

SHANE RUFF STUDIO does NOT engage in speculative work and will not honor any requests for same (see www.no-spec.com for more information about spec work). We have provided an extensive public portfolio, making it easy for potential clients to judge whether the style and quality of design offered by SHANE RUFF STUDIO is a good fit for your organization.

All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Final invoices will reflect actual hours worked on your project which may or may not differ from your quotation. The final invoice will not exceed the quoted amount by a margin of over 5% without prior notification and written authorization by the client.

A minimum deposit of 50% to 75% (based on the quotation amount) is required for all new projects, unless otherwise negotiated. Some smaller value projects and production items may require full payment on order confirmation.

Deposits and payments may be made in a number of ways:

 - Company or Certified Check
 - Bank or Wire Transfer
 - Money Order or Bank Draft
 - Credit Card (Visa, Mastercard, American Express or Discover)
 - PayPal and other payment options are available on request (for Amex and others)

All invoices are payable on receipt (unless otherwise negotiated). If the client is sending payment through the mail, we will accept a tracking number as notice of payment.

 

CANCELLATION AND TERMINATION

Either party may cancel and terminate the project at any time for any reason, in such event all work will stop immediately and all payments made prior shall be retained by SHANE RUFF STUDIO. All liable expenses or design time incurred by SHANE RUFF STUDIO shall be paid by the client in full. If cancellation and termination is done on the part of SHANE RUFF STUDIO or occurs prior to the design approval no cancellation fee will apply. However if the cancellation and termination is done on the part of the client after design approval the client will be liable to pay 75% of the remaining project balance. In the event of cancellation and termination, SHANE RUFF STUDIO retains ownership of all copyright and any original artwork.

 

DISCLAIMER OF WARRANTIES

THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." SHANE RUFF STUDIO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. SHANE RUFF STUDIO DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHANE RUFF STUDIO DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SHANE RUFF STUDIO OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

 

SEVERABILITY

If any provision of these Terms and Conditions are held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.

 

FORCE MAJEURE

If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, other act of nature, riot, fire, judicial or governmental action, labor disputes, or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.

 

CAPACITY

The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.

 

FURTHER ASSURANCES

The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions.