817.301.4126
Agreement to work with and payment of a deposit (if applicable) to Third Eye Creative, LLC constitutes agreement to these terms of service.
It is agreed that the fee for service shall be the cost estimates provided via email or other media, unless work undertaken exceeds the work outlined. If work undertaken exceeds the items specified in the quote, the client agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. The client will be notified of increases in the scope of the project and approval must be obtained from the client before new work commences.
Third Eye Creative, LLC will include taxes on fees and disbursements that are applicable by law and our accounts are due and payable as per invoice stated terms.
We accept the following forms of payment:
All credit card payments are subject to pay a 3% processing fee charge that will be added to your total invoice amount at time of payment.
All design and development services are billed at our current hourly rate of $100.00/hour, in increments of no less than 30 miniutes. Estimated times of completion will be communicated by Third Eye Creative, LLC before any project has begun. Our estimated time will only be surpassed due to customer requested revisions.
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 Third Eye Creative, LLC 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.
Web Browsers: Third Eye Creative, LLC will verify the design and functionality of all websites on the most recent version of major Mac and Windows browsers (Safari, Firefox, Chrome, and Internet Explorer), and on Android (Chrome browser) and Apple (Safari browser) mobile devices. 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 Third Eye Creative, LLC’s current hourly rate.
Payment: A 50% deposit is required before any work begins and the remaining payment when final website is completed, prior to the website’s launch on the selected server. Returned checks will results in a return-check fee of $30.00. The client understands that the final website design belongs to Third Eye Creative, LLC until all invoices are paid in full. In the event of termination of this Agreement, Third Eye Creative, LLC 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 then owns all required files for the completed website.
Delinquency: Third Eye Creative, LLC 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.
Website Design Credit: The client agrees to allow Third Eye Creative, LLC to place a small credit on the client website. This will be in the form of a small logo or line of text placed towards the bottom of the page. The client also agrees to allow Third Eye Creative, LLC to place websites and other designs, along with a link to the client’s site on Third Eye Creative, LLC's' own website for self-promotional purposes.
Website Hosting: All hosting fees will be charged monthly to your supplied credit card. If payment is unable to process, your website will be subject to suspension within 15 days of non-payment. Suspension will be lifted once payment is received in full. All Hosting will be renewal by notice once your renewal term is one month from expiring.
Printing services includes but are not limited to business cards, flyers, brochures, posters, mounted canvases, advertisements, newsletters, postcards, promotional items, branded apparel, displays, and other marketing collateral for profit or non-profit purposes.
Print Returns and Refunds: It is agreed that Third Eye Creative, LLC is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public. Third Eye Creative, LLC will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the client to notify Third Eye Creative, LLC of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform Third Eye Creative, LLC within 3 days of product acceptance for assessment.
Color Variations: With all printing, there may be some color variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Third Eye Creative, LLC.
Concepts: Within 7 business days of receiving your company information and deposit, Third Eye Creative, LLC will create the agreed upon 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, Third Eye Creative, LLC will make any needed changes to your selected verion(s) of the logo designs until you are completely satisfied. Customer requested revisions may incur additional costs at Third Eye Creative, LLC’s current hourly rate.
File Delivery: After the final logo design is approved, the final logo design files will be delivered to you as a digital files (raster PNG and vector PDF file types). Alternate file types are available upon request.
Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Third Eye Creative, LLC 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 Third Eye Creative, LLC 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).
While Third Eye Creative, LLC takes all care to avoid errors, Third Eye Creative, LLC accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the client’s responsibility to proofread and approve all final copy before the production of work. The email verification of the client’s representative shall be conclusive as to the approval of all deliverables prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved deliverable has gone to print due oversights by the client’s proofreading.
Any imagery acquired by Third Eye Creative, LLC for inclusion in the client’s project remain the property of Third Eye Creative, LLC and may be used in multiple, separate projects. Should the client require full ownership of the provided imagery, these terms must be requested in writing, and the full cost of the imagery will be the responsability of the client.
Client will provide all text to be used in the project, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.
Third Eye Creative, LLC agrees to complete all projects within a timeframe agreed upon with the client. Third Eye Creative, LLC is not liable for any delay to a project's timeframe due to client inactivity or inability to provide content and/or feedback.
Illness, injury, or other events beyond Third Eye Creative, LLC’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of the project for an unpredictable length.
Third Eye Creative, LLC does not warrant that the services provided, functionality, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance is with client. In no event will Third Eye Creative, LLC 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 services provided, functionality, consultation or advice, even if Third Eye Creative, LLC has been advised of the possibility of such damages.
The client represents to Third Eye Creative, LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Third Eye Creative, LLC for inclusion into 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 Third Eye Creative, LLC from any claim or suit arising from the use of such elements furnished by the client.
Please Note: Before you confirm your agreement to these terms, please make sure you understand all of the terms stated above. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance. By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.
