-
-
ACCOUNT REGISTRATION:
You must open an account with Invictus Designs to use the Services. Our registration process will ask you for information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must complete this process to access your account and any records. You must also keep the information that you provide up-to-date. We reserve the right to suspend or terminate your account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
-
NAME:
You must use your or your business’ true and accurate name when signing up for an Invictus Designs Account. This name will appear on all estimates, invoices, notices, records and receipts while using the Services.
-
PRODUCTION OF MATERIALS:
Invictus Designs assures all artwork will be created at the highest quality possible (Normally 300 dpi, no less than 150 dpi on larger scale items) and with proper bleed space when necessary. Invictus Designs cannot he held responsible for poor production quality as a result of low-resolution items submitted by client used to create the design.
-
WRITTEN CONTENT:
Invictus Designs is not responsible for writing, developing and/or researching any written content. All text must be submitted by via email or portable storage media(USP flash drive, CD, DVD, etc.) Invictus Designs will not be held responsible for incorrect spelling, grammatical errors, inaccurate information, or any content that may be seen as vulgar and/or offensive. Content must be proofread before submission. Further changes after initial submission may be subject to additional charges.
-
PROJECT TIME:
Most projects will be given a completion time estimate. Any project that goes beyond the time estimate may be billed at an agreed on hourly rate. Work time includes but is not limited to: meetings, concept development, research, image hunting, design time and any client revisions.
-
WATERMARKING:
Watermarks may be placed over proof work. The client is prohibited from attempting to remove any watermarks. Any attempt to remove and crop any watermarks will be considered a breach of this agreement and Invictus Designs has the right to discontinue further design work on that current project. The client will also still be required to pay for time worked any fees associated with the project.
-
PAYMENTS:
Full payment is due upon completion of the project. No new projects will be started for any Client Accounts with outstanding balances. Project print ready/high-resolution files will not be sent until the full balance has been paid. If the project is being printed by Invictus Designs the full design and printing fees must also be paid in full before being sent into production.
- PAYMENT SCHEDULES:
- Full/Due Upon Receipt: Unless otherwise specified full payment is due immediately upon completion of the work. Finalized files/print ready files will not be sent until this payment has been made. All project payments are classified as Due Upon Receipt unless otherwise specified.
- 50/50 Deposit: These Projects will require a deposit(normally 50%) prior to work commencing. Deposits are non-refundable. Full payment is due immediately upon completion of the project, and before the original artwork is supplied to the client.
- 50/25/25 Deposit: These Projects will require a deposit(normally 50%) prior to work commencing. Deposits are non-refundable. Another 25% payment will be due at the 75% completion milestone. The final 25% is due immediately upon completion of the project, and before the original artwork is supplied to the client.
- Net-30: Clients contracted and classified as “Net 30” will have 30days to make full payment before invoice will be considered past due. Payment of entire invoice amount is required within 30 days from invoice date. This is typically reserved for clients paying by mailed check.
- MileStone/Scheduled: Some projects will be contracted for 3 or more pre-scheduled payments. These are normally for longer term contracts. These specifics will be outlined in a separate drafted contract.
- Retainer: Regular monthly payments in exchange for a set of predetermined services over a specific time period.
- LATE FEES/PENALTIES: Failure for the client to pay by agreed upon date can result in a 5% late fee. An additional 5% will be added every month until full payment has been made. Invoices 90days or more overdue may be sent to collections.
- RETURNED CHECKS: A $25 dollar return check fee will be assessed for any return checks by your bank for any reason.
- KILL FEE: Invictus Designs understands event cancellations and postponements happen but we still must be compensated for our time. If the client decides to cancel a project for any reason other than a material uncured breach by Invictus Designs, then Invictus Designs is immediately entitled to be paid the total of the hourly rate as liquidated damages, less any fees already paid to Invictus Designs.
- 3RD PARTY PAYMENTS: are permitted yet sole responsibility of that payment is attached to the billed account. If the client is working as a subcontractor for another company the subcontractor is responsible for payment. The client may not transfer payment responsibility to another person/entity without agreed upon written consent.
- PAYMENT SCHEDULES:
-
PROJECT STANDBY:
Clients may request to put individual projects on hold or “Stand by”. This must be done at least 5days after a design proof has been submitted for review. Standby will last no longer than 30days or the project will be considered “Canceled”
-
RUSH ORDERS:
Invictus Designs does process rush orders. A rush order is anything that needs to be completed faster than the average completion time for that item(Normally 24-48hrs to develop proofs). Rush orders are subject additional charges starting at plus 50% of normal cost.
NOTE: ALL SAME DAY DESIGN REQUEST(24hrs or less) WILL BE CONSIDERED A RUSH ORDERS! THIS IS FOR DELIVERY OF 1st PROOFS AND CONCEPT WORK. IF CLIENT HAS ADJUSTMENTS AND/OR ADDITIONAL CONTENT THAT CAUSES WORK TO EXTEND PAST 24hrs IT WILL STILL BE CONSIDERED A RUSH ORDER. -
PRINTING:
Invictus Designs does offer a brokered printing services. Printing and design cost must be paid IN FULL before processing. Clients are not required to use Invictus Designs printing services and are free to use any outside print vendors of their choice.
-
EXPENSES:
Client agrees to reimburse Invictus Designs for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock Photography, Travel, Telephone Consultation, etc.) Invictus Designs will notify the client of purchase of any of these items and agrees to provide any 3rd party receipts/invoices.
-
ASSIGNMENT OF WORK:
Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.
-
PERMISSIONS AND RELEASES:
The Client agrees to indemnify and hold harmless Invictus Designs against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
-
PUBLICATION:
The Client may publish or disclose information regarding the work and shall acknowledge the support of Invictus Designs in all such publications. The client will not use Invictus Design’s name in any advertising or publicity without the prior written approval. Invictus Designs will not use the name of the client, in any advertising or publicity without the prior written approval from the client.
-
YOUR PRIVACY
Your privacy is very important to Invictus Designs. Upon acceptance of this Agreement, you confirm that you have read, understood and accepted Invictus Design’s Privacy Policy.
-
PRIVACY OF OTHERS
By using the Services, you may receive information about Buyers or other third parties. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Buyer or another third party.
-
OWNERSHIP/COPYRIGHT NOTICE:
Client understands that Invictus Designs has full ownership of all original artwork, whether preliminary or final until full payment has been made. Full payment is required for specially ordered or commissioned work. Specially ordered or commissioned work under the Work Made For Hire doctrine causes a transfer of ownership from Invictus Designs to the Client. After full payment, Invictus Designs hereby assigns all right, title and interest in the work completed under Agreement to Client. In the event of termination of this agreement before full payment has been received, Invictus Designs has the right to complete, exhibit, and/or sell any created artwork and/or concepts not submitted by Client (excluding the Client’s business name). Invictus Designs shall retain the right to use work for self-promotion and self-marketing, such as in an online portfolio.
Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other work submitted to Invictus Designs are owned by Client, or that Client has permission from the rightful owner to use each of these elements. Client will hold harmless, protect, indemnify and defend Invictus Designs 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 Client.
-
LIMITATION OF LIABILITY
THE SERVICES AND THE WORK PRODUCT OF INVICTUS DESIGNS ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF INVICTUS DESIGNS, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALLCAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THEFORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF INVICTUS DESIGNS. IN NO EVENT SHALL DESIGNER BE HELD RELIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTIONOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THESERVICES PROVIDED BY INVICTUS DESIGNS, EVEN IF DESIGNER HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OFESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
-
INDEMNIFICATION
Each party shall indemnify, defend, and hold harmless the other and its affiliates, officers, agents, and employees, from all claims, suits, actions, demands, damages, liabilities, expenses (including reasonable fees and disbursements of counsel), judgments, settlements and penalties of every kind to the extent resulting from, arising out of, or incurred in connection with (a) any breach by such party of any representation, warranty, covenant, agreement or other obligation contained herein; and/or (b) the negligent, intentionally wrongful or illegal acts or omissions of such party, its employees, agents, subcontractors or other representatives and/or (c) violations of any federal, state, local and/or international laws, rules and/ or regulations to which such party is subject.
-
SEVERABILITY
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
-
YOUR RIGHT TO TERMINATE
You may terminate this Agreement and other agreements by closing your Invictus Designs Account at any time. Upon closure of an Invictus Design Account, any pending projects will be canceled and any prorated fees must be paid. Account access may also be terminated with any report available by request.
-
SUSPENSION OR TERMINATION BY US
We may terminate this Agreement or suspend or close your Invictus Designs Account for any reason or no reason at any time upon notice to you. We may also suspend any services and access to your online account if you (a) have violated the terms of this Agreement, policies or any other agreement you have with Invictus Designs, (b) account is 30 or more days past due for payment, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
-
EFFECT OF TERMINATION
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of this Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.
-
AGREEMENT ASSIGNMENT
This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Invictus Designs without restriction.
-
RIGHT TO AMEND
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at invictusdesigns.com or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of the Services after our publication of any such changes shall constitute your acceptance of this Agreement as modified. However, any Dispute that arose before the modification shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the Dispute arose.
-
All projects and orders subject to Invictus Design’s Terms & Conditions.