Clients engaging in the Services of AG Design Group Inc. agree to be bound by the following terms and condition.

 

AG Design Group Inc. agrees to provide services outlined in client's proposal, estimate, invoice, or schedule of work (SOW) in exchange for the client's agreement for timely payment stated in client's proposal, estimate, invoice, or schedule of work (SOW).

 

Prior to the start of design work, client must furnish and make accessible the files for project(s). If project involves web site development, Client must also purchase and register a domain name and web hosting service and furnish the appropriate login information to AG Design Group Inc.

 

Final text content and images are the responsibility of the client. All materials should be provided to AG Design Group Inc. in an editable, digital format. Client warrants that all content and images are original work or with written permission to use.

 

Client provided images must be of appropriate resolution and quality to be considered acceptable for inclusion in your project. Major scanning, cropping or color correcting is not included unless otherwise noted or agreed upon. Images will be used and placed as provided. AG Design Group Inc. will make known any images not up to standard resolution. In such cases, the Client is responsible for furnishing new artwork.

 

Upon acceptance of this agreement, you guarantee that any text, graphics, designs, trademarks or other artwork furnished to AG Design Group Inc. for inclusion in your project are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend AG Design Group Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by you.

 

If there are any changes or additions to the project, including additional time for its completion, all new services must be outlined and approved by both parties though a change order form. Client understands that continuous revisions and significant changes can delay the finalization of the project. Additional design changes are billed separately at an hourly rate of $150/hour.

 

If Client wishes to terminate the project after the acceptance of their proposal, estimate, invoice, or schedule of work (SOW), and within 7 days of signed agreement, a maximum refund of 90% of project retainer/deposit, will be reimbursed to the Client within 30 days. If project cancellation occurs after 7 days, Client agrees to compensate AG Design Group Inc. for all the time already invested in said project. Time will be calculated hourly at the rate of $150/hour. Client has the right to request from AG Design Group Inc. a written statement and time sheet of hours.

 

All ideas, concepts and designs produced by AG Design Group Inc. during the term of work is the property of AG Design. Final designs, layouts and files produced for the client will be owned by AG Design Group Inc. until project is paid in full after which client owns final designs and files. Upon final payment, Client owns only final approved designs, layouts, and concepts.

Upon acceptance of this agreement, client guarantees to indemnify and hold harmless AG Design Group Inc. for any and all claims whether fore­seeable or not that arise between any party regardless of any fault or liability imposed upon AG Design Group Inc. for any reason in connection with this scope of work agreement or at any time after the project is completed. Further, client releases AG Design Group Inc. from any liability whatsoever for any act of God or any unforeseen event that might delay, alter, or in any way compromise the project.

 

Both parties agree that in the event of any dispute, controversy or claim arising out of this agreement for any dollar amount or remedy, both parties will first use mediation, the cost to be split evenly between the parties, to resolve the dispute. If mediation does not resolve the dispute, the parties will then agree to binding arbitration. The arbitrator will be selected through the Contra Costa County Superior Court arbitration panel and the costs for binding arbitration will be initially split evenly by both parties, but ultimately left up to the arbitrator’s award as to the final judgment as to who will pay for the arbitration.