Terms and Conditions

ALL Unique Designs TERMS & CONDITIONS

The following Terms and Conditions of Service apply to all products and services provided by ALL Unique Designs-Allison Leigh Longcrier (hereinafter referred to as ALL) and in the event of any dispute are governed by the laws of United States. ALL Unique Designs is owned and operated by Allison Longcrier and payments will be made directly to Allison Leigh Longcrier. This agreement is between Allison Leigh Longcrier and client who signs agreement.

All work is carried out by ALL on the understanding that the client has agreed to our terms and conditions.

Copyright is retained by ALL 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of ALL, unless specifically agreed in writing.

Project Acceptance

At the time of proposal, ALL will provide the customer with a written estimate or quotation by email or via the proposal portal. These Terms and Conditions can be read at any time on the ALL website.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to ALL. This can be signed and emailed to ALL. At the time of the client’s signed acceptance of the estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due. Work will not begin until the deposit has been secured and proposal has been signed and returned to ALL.

For the avoidance of doubt, the ALL Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.

Logo Design/Branding

Concepts: Within 7 business days of receiving your company information and deposit, ALL Unique Designs (ALL) will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, ALL Unique Designs will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at ALL Unique Designs’ current hourly rate. Concepts created for the client’s branding will be given to client once the branding has been established. Branding Guidelines will be created and given to client as specified in the agreement.

File Delivery: After the final logo design is approved, the logo design to you as digital files (.jpg, .png, .pdf, and .eps graphics file formats).

Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. ALL retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives ALL permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

Payment: In return for logo design, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final logo design is approved but before it is delivered. The client understands that the final logo design belongs to ALL until paid in full. In the event of termination of this Agreement, ALL owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, ALL owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that ALL reserves the right to display the logo for business promotional use.

Originality: ALL affirms that our logo designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.

Delays: Illness, injury, or other events beyond ALL’s control, such as: fire, theft, computer failure, internet issues and Acts of God may result in a delay of unpredictable length.

Termination: The client has the right to terminate this Agreement if, ALL fails to complete the Logo within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, ALL shall retain the deposit.

Performance Liability: ALL does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will ALL be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if ALL has been advised of the possibility of such damages.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Print Design

Print design includes but is not limited to business cards, flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.

Concepts: Within 7 business days of receiving your company information and deposit, ALL will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost.  Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at ALL’s current hourly rate.

Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. ALL retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives ALL permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered. The client understands that the final design belongs to ALL until paid in full. In the event of termination of this Agreement, ALL owns the design and has the right to complete, exhibit, and/or sell the design (not including business name). Furthermore, ALL owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion and that ALL reserves the right to display the design for business promotional use.

Originality: ALL affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement. 

Stock Photography: ALL agrees to provide up to 5 stock photos during the design process. Any photos acquired by ALL for inclusion in the client’s website remain the property of ALL and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing. Client will be responsible for purchasing the image and providing the image to ALL to utilize in designs and/or website.

Delays: Illness, injury, or other events beyond ALL’s control, such as: fire, theft, computer failure, internet issues and Acts of God may result in a delay of unpredictable length.

Termination: The client has the right to terminate this Agreement if, ALL fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, ALL shall retain the deposit.

Performance Liability: ALL does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the design is with client. In no event will ALL be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if ALL has been advised of the possibility of such damages.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Web Design/Web Development

Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes ALL to publicize their completed Web site to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.

Proposal: For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in this contract will be honored for three (3) months after both parties agree to this contract. Continued services after that time will require a new agreement.

Client Provisions: Client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner. ALL can help with copy but will charge for those services and if needed contracted out to a copywriter. Client will be responsible for paying for copy services.

Stock Photography: ALL agrees to provide up to 5 stock photos during the web design process. Any photos acquired by ALL for inclusion in the client’s website remain the property of ALL and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing. Client will be responsible for purchasing the image and providing the image to ALL to utilize in designs and/or website.

Web Browsers: ALL will verify the design and functionality of all websites on the following internet browsers: Chrome, Internet Explorer 7, current versions of Firefox, and Safari. Should an update or up-version of any of these browsers results in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense, billed at ALL’s current hourly rate.

WordPress: ALL will utilize WordPress for the website. It will be created utilizing as many free tools as possible to help negate the cost of the website. Client will be responsible for purchasing any theme needed or recommended for the client’s website. If certain plugins and/or features are needed, ALL will find the best tools to complete the objective. Client will be responsible for purchasing the plugins to enable for use on the website. Plugins that require a monthly fee will be included in the maintenance plan if ALL is responsible for the monthly maintenance and will be included in the monthly maintenance agreement. ALL will not be responsible for updating or making changes to website unless there is a maintenance agreement. That agreement will be separate from the original design agreement.

Completion Date: ALL agrees to complete website projects within a timeframe agreed upon with the client.

Delays: Illness, injury, or other events beyond ALL’s control, such as: fire, theft, computer failure, internet issues and Acts of God may result in a delay of unpredictable length.

Payment: A 50% deposit is required before any work begins and the remaining payment when final web design is approved but before it is delivered. Returned checks will results in a return-check fee of $30.00. The client understands that the final website design belongs to ALL until all invoices are paid in full. In the event of termination of this Agreement, ALL owns the website design and has the right to complete, exhibit, and/or sell the website design (not including business name).  Once the final invoice is paid in full, the client has the right to use images of the website design in all media useful for business promotion and that ALL reserves the right to display the website for business promotional use.

Delinquency: ALL reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.

Performance Liability: ALL does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will ALL be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if ALL has been advised of the possibility of such damages. ALL will maintain website and updates for 30 days after the website goes live. Once website is live ALL is NOT responsible for content and is the sole responsibility of the client to check for errors, check spelling, grammar, and is responsible for all the content on the website. Once 30 days has lapped, if there is no monthly maintenance agreement, the website and all the content will be turned over to client for use as client sees fit.

Copyrights and Trademarks: The client represents to ALL and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ALL for inclusion in web pages 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 ALL from any claim or suit arising from the use of such elements furnished by the client.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The customer also agrees that ALL holds no responsibility for any amendments made by any third party, before or after a design is published.

Hosting websites

ALL offers a limited hosting services through an out-sourced virtual server. ALL does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

ALL may request that clients change the type of hosting account used if that account is deemed by ALL to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on ALL’s virtual server are due at the commencement of any period of service and are non-refundable.

Fees due to third party hosting organizations are the responsibility of the client and ALL are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client / domain owner.

Domain Registration

ALL cannot guarantee the availability of any domain name. Where ALL is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, ALL cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. After website is completed, ALL will utilize tools available for basic SEO, but for further SEO depth it will be a separate agreement. SEO is complicated and takes time to show on various search engines. ALL will make sure that it is optimized and ready to go for the SEO part of client’s website. Client will be responsible for any part of the SEO that is not covered in the SEO agreement.

Design Project Completion

ALL considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc. either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. ALL shall be entitled to remove ALL ‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid money due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of its obligation to pay the due amount.

Clients whose accounts become default agree to pay all ALL ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

Design Credits

The client agrees to allow ALL to place a small credit on printed material exhibition displays, advertisements and/or a link to ALL own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow ALL to place websites and other designs, along with a link to the client’s site on ALL’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal

ALL will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. ALL also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that ALL does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow ALL to remove the contravention without hindrance, or penalty. ALL is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, ALL will need formal notification in writing to ALL. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of money due must be paid within 30 days.


Please note: any cancellation which is not formally confirmed in writing and received by ALL within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

ALL makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. ALL will not be held responsible for any and all damages resulting from products and/or services it supplies. ALL is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold ALL responsible for any such loss or damage. Any claim against ALL shall be limited to the relevant fee(s) paid by the client.

ALL reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. ALL will not knowingly perform any actions to contravene these and the client also agrees to be so bound. ALL will keep client informed of any sub-contractors or suppliers as needed. Client will pay for these services as needed and will be given adequate cost estimates before sub-contractor is engaged for client.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. ALL reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by ALL, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at alluniquedesigns.com/terms-and-conditions

An estimate validated by the client’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and ALL.

By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.