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Terms and Policies
Terms of Services
Terms of Service is for LostSoul Entertainment / JOBYJOHN.COM and will be referred to as: *LSE/JJC
Below are the *LSE/JJC (“LostSoul Entertainment”, “LSE”, “JOBYJOHN.COM, “we", "us", "the designer") standard terms and conditions for all projects.
If you do not agree with them, we prefer not to work with you as we believe these to be fair, equitable and reasonable for both sides of contractual obligations. If you have exceptions you wish to discuss, please do so at the beginning of the project otherwise your agreement at the commencement of any project where you tick the terms and conditions agreement box on all *LSE/JJC forms with constitute full and total agreement with these terms. Unless otherwise stated these policies form the basis of every/all contract/s between *LSE/JJC and our client/s. The policies, terms and conditions set forth are a result of Joby John working with clients over a period of 9+ years and are specifically designed to manage expectations and desired outcomes, explain intellectual property (IP) issues and protect both you "the client" and *LSE/JJC from unfair practices.
It is vital that you ("The User", "The Client") take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you agree to commence any project with *LSE/JJC. Please also note that from time to time *LSE/JJC may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions in this document.
These conditions, which are construed under United States, Nevada, North Las Vegas law, are applicable to *LSE/JJC and should be read in conjunction with other documents and/or the correspondence comprising our quote/invoice, which are emailed to you as a PDF document.
As a user of the JOBYJOHN.COM website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this Site without our express prior written consent.
Before I start the design process I will discuss verbally with the client their needs for the product they are after. I will also have the client, depending no the project, send samples of ideas they are after and all information they need put into the project. This gives me a good idea of what you require and enables me to give you an accurate quote and accurate designs.
I have two different contracts that I use with my clients. One is a “Verbal Contract”, the other is a “Written Contract”. Verbal agreements are contracts which are valid and legally binding. We require email and text communications through out the project for documentation of revisions, updates and design changes requested by the client. We also retain all project files which verify services provided to the client. When you verbally request services from our company, you are legally agreeing to our terms and policies and to providing payment for services rendered.
*LSE/JJC and its subsidiaries reserve the right to refuse service, terminate accounts, terminate contracts, and/or cancel orders in its discretion, including without limitation, if *LSE/JJC believes that customer conduct violates applicable law or is harmful to the interests of *LSE/JJC and its subsidiaries or if we feel the working relationship is no longer constructive for all parties involved.
Any court actions must be lodged in the state that *LSE/JJC is located. Customer is responsible for court fees, attorney fees and any additional cost incurred from any said court action against *LSE/JJC. Charge backs filed that violate our store policy or with fraudulent intent, will be pursued in a court of law for additional damages and losses. Credit card rulings do not supersede our store policies. By purchasing through *LSE/JJC either online or by phone, you are agreeing to our terms and conditions. If you do not agree to our terms and conditions, please do not purchase our services or products. *LSE/JJC Policy is subjected to changes without notice.
The following outlines the intended design services provided by LostSoul Entertainment / JOBYJOHN.COM. Packages are laid out in accordance with the needs presented by the client and are to be agreed upon and followed.
All clients must read and agree to the points laid out below.
By entering into a business relationship with *LSE/JJC, you (the Client) agree and consent to the following terms and conditions:
A non-refundable deposit of 50% of the estimated cost is required to begin work. Work on the project can only start when this payment has been received. The balance is required on completion. Final artwork will only be handed over when the full balance has been paid. If necessary, depending upon the project, if client needs parts of the project when completed, we require final payment for each product before product is handed over.
All invoices are payable on receipt.
Graphic design is a professional service, not a re-stockable product or commodity - customers are billed for the time and expertise of our graphic designers, art/creative directors and project managers. In accordance with industry standards, *LSE/JJC charges for design services by the hour (unless a flat fee has been negotiated in writing) and does not offer refunds under any circumstance (except in the case of copyright infringement as noted above).
*LSE/JJC does NOT engage in speculative work and will not honor any requests for same. We can provided our portfolio, making it easy for potential clients to judge whether the style and quality of design offered by *LSE/JJC is a good fit for their 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 25% without prior notification and written authorization by the client.
An upfront deposit non-refundable of 50% (based on the quotation amount) is required for all new projects.
Preferred clients requiring long term and ongoing design work can be placed on a monthly billing cycle, which will allow said client to skip the quotation/deposit phase.
Deposits and payments may be made in a number of ways:
- Business or Certified Check (Please Allow 5 Business days For Payment To Clear. Work Begins, Or Products Will Be Delivered, Once Payment Has Been Validated). - Bank or Wire Transfer - Cashiers Check
- PayPal Invoice
- Visa, Master Card, Discover
Website: Having designed your web site, performed updates, or any other actions, we reserve the right to turn off the website (remove coding, use a kill switch, or take down all content and work we provided), until payment in full has been made for said services (including any additional products or services which we provided you). Any products we provided you are no longer to be used for we own the copyright until services rendered are paid in full. Once payment has been made in full, your website will be turned back on or put back in its previous state. This action is only taken when the customer has failed to adhere to our payment policy. Should we be forced to turn off a website, all previous discounts allotted for a timely payment or payment structure, is voided. Approved payment method for websites that have been disabled is a cashier’s check drawn on a US bank account or a deposit directly in to our business bank account. Credit cards nor checks will be allowed as payment.
Products: Any products we provided you are no longer to be used for we own the copyright until services rendered are paid in full. Once payment has been made in full, your product is now yours to use. This action is only taken when the customer has failed to adhere to our payment policy. Should we be forced to take action regarding the use of our copyrighted products, all previous discounts allotted for a timely payment or payment structure, is voided. Approved payment method for non payment and failure to adhere to our payment policy, is a cashier’s check drawn on a US bank account or a deposit directly in to our business bank account. Credit cards nor checks will be allowed as payment.
Until the contract is paid in full, all materials remain property of *LSE/JJC.
Please read more about our policy below.
We have never had to turn to this method for all our customers have always happily taken care of payment due, which we really appreciate.
My Hourly Rate
My hourly rate is $65.00 (this is pretty standard in the graphic & web industry, some other charge $75+)
Note: I don’t always charge this hourly rate, for me it depends on the cost of the project and what it entails, it is also how I base my pricing, which my pricing is pretty standard if not a little cheaper then most graphic design companies.
REVISIONS AND AUTHOR ALTERATIONS
Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, by email. The Client understands that revision work, along with requests for project additions or author 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 or in the package agreed to in advance. If a base package is agreed upon, however the revisions and requests exceed this package parameters, the next Client will be notified in advance.
The quotation assumes a reasonable average number of revisions per design item as outlined in the design package, 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.
(Note: Spelling errors are not considered a revision and are no charge to fix)
I give 2 revisions free, it is an additional $24.95 per revision there after. (Revisions include , changing and moving of sentences, coloring changes, etc., any change limited to actual design changes)
Design changes are $45.00 limited to an hour, if exceeds an hour it is $45.00 every hour there after.
Any revision after a project has been a proved: $45.00hr - (1 hour min).
Design changes after a project has been approved $65hr - (1 hour min).
TIMEFRAME AND DELIVERY
*LSE/JJC will provide the initial draft concepts to the Client within the timeframe agreed upon in the initial consultation. Please note that if we are experiencing higher than usual demand, your design will be scheduled for the next available time slot and you will be notified at the earliest possible time. *LSE/JJC will post the initial designs in an email or to a web site for review by the Client. The Client will then be able to view his/her draft designs and also be able to provide feedback concerning the design.
*LSE/JJC will analyze the Client's feedback and revise the designs. The revised samples will be presented to the Client within the specified timeframe. Regular working days are Monday through Friday, 8:00am - 5:30pm, Saturday 9:00am to 1:00pm pacific standard time, excluding US holidays. *LSE/JJC will continue the revision process as per the terms of the specific contract, until Client is satisfied. Once the Client has approved the final design, the Client will complete any remaining payment owed, and *LSE/JJC will then proceed with the delivery phase. All requested formats of the approved design are then emailed or posted to the client download area for the Clients use.
Rush Orders are generally based on 25% of the product price. My turn around time is pretty standard, 2 to 4 days depending upon the size for the project. If you are in need of your product quicker then our standard turn around time, please contact us to see if rush is available of your project.
Cancellation Should the project be cancelled before completion, payment will be due for any completed work minus the deposit amount. If we have provided you with a design and product has yet to be approved, product must be paid for which we will still provide final proof based upon your revisions.
Work hours Our business hours are between 8:00am to 5:30pm Monday - Friday and Saturday 9:00am to 1:00pm pacific standard time. If you are paying for a rush order, we can be available to you which on off hours which we will provide you with the extra hours we can be contacted.
Communication ALL communication will be done via email. It is quick, free and I like to keep a written record of our conversation. No design enquiries or revision requests will be taken via telephone.
Additionally, if I do not hear from you for 20 consecutive days, your project will be cancelled, your deposit will not be refunded and no design files will be released.
Confidentiality and Ownership All work created for the client and any concepts discussed are kept confidential. Upon completion of work and payment received, the client owns all artwork that the designer has created specifically for the client. If payment has not been received, we own all rights to our designs and products may not be used in any way.
Reproduction of work The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. Where applicable the client will be given any necessary credit for usage of the project elements.
Logo Design The client may not alter the final logo design in any way, except to change its size for printing or digital display. If changes need to be made, *LSE/JJC may be contacted to make required changes for an additional fee.
Web Design Having designed your web site, performed updates, or any other actions, we reserve the right to turn off the website (remove coding, use a kill switch, or take down all content and work we provided), until payment in full has been made for said services (including any additional products or services which we provided you). Any products we provided you are no longer to be used for we own the copyright until services rendered are paid in full. Once payment has been made in full, your website will be turned back on or put back in its previous state. This action is only taken when the customer has failed to adhere to our payment policy. Should we be forced to turn off a website, all previous discounts allotted for a timely payment or payment structure, is voided. Approved payment method for websites that have been disabled is a cashier’s check drawn on a US bank account or a deposit directly in to our business bank account. Credit cards nor checks will be allowed as payment.
We have never had to turn to this method for all our customers have always happily taken care of payment due, which we really appreciate.
Prices: All prices on this website are subject to change at any time without prior notice.Terms and Conditions are subject to change at any time without any prior notice.
COPYRIGHT / TRADEMARKS
The Client unconditionally guarantees that any element of text or graphics furnished to *LSE/JJC for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect *LSE/JJC from any claim or suit arising from the use of such as furnished by the client.
*LSE/JJC makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, *LSE/JJC holds no liability and is limited only to a refund of the paid amount. *LSE/JJC 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. *LSE/JJC and it's 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.
US Copyright laws permit ownership of final product and design to belong to the designer, *LSE/JJC unless otherwise agreed upon. The client is restricted from editing designs completed by *LSE/JJC and use of the design and file is limited to that originally intended. The exception being FINAL logo design. Concepts are also the ownership of *LSE/JJC regardless of design type.
Until the contract is paid in full, all materials remain property of *LSE/JJC.
*LSE/JJC retains the right to display the artwork in their corporate portfolios and marketing materials.
All concepts furnished to the client are for client review and comment purposes only. *LSE/JJC retains exclusive copyright and ownership of all design and draft materials.
DRAFT CONCEPT POLICIES AND COPYRIGHT
All draft concepts previewed by the client are for client review and comment purposes only. *LSE/JJC reserves the right to utilize and/or reproduce any image, logo or illustration created by *LSE/JJC in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited royalty-free use of the image upon full payment of all fees. *LSE/JJC 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.
PRINTING, DELIVERY AND THIRD PARTY INVOLVEMENT
*LSE/JJC can and may provide information to the Client about print solutions that compliment the projects needs to the best knowledge of the designer. *LSE/JJC is not responsible for price discrepancies advertised by third party companies. This includes product specifications, rush order and special order pricing, and delivery costs associated.
*LSE/JJC is not responsible for a third company’s failure to deliver in the parameters set out by said company. This includes delivery time; product availability; print error; damage incurred due to shipping; and other unforeseen issues.
All concerns can and will be expressed by the designer to the third company association, but are not responsible and take no fault for failure to deliver on consented parameters. Payment must be made for said project and may not be withheld because of printer error.
If there has been no activity initiated by the client on a contract in 30 days, but the client has been responsive to status requests by the project manager, said contract will be classified as “inactive”. Inactive contracts are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time. If your project is incomplete and you have received an inactive project invoice, please rest assured that you are being invoiced only for work actually completed to date, and that you are welcome to
re-open the project at any time. Upon payment of your invoice, you will have rights to request delivery of any design files (complete, or otherwise). Any credits (hourly or otherwise) granted to the client's account are valid and redeemable at any time pending *LSE/JJC availability, until a period of six months has passed, at which point all credits are considered null and expired.
Delinquent Status After 14 days, a late payment charge of 5% per month is applied to all delinquent accounts, without exception and retroactive to the date of invoice. If the account remains in default after 30 days, or if the customer's payment is charged back to us by way of credit card fraud, check fraud or other crime, we will issue one final notice before turning the account over to a third-party collections agency. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. Refusing to pay your bill is theft, and we take it very seriously. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will revert to *LSE/JJC. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
Abandoned Status If a client should abandon a project or contract after work has commenced, an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Abandoned contracts in cases where the client is non responsive are also subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.
JOBYJOHN.COM WEB SITE
Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of JOBYJOHN.COM web site All rights reserved. All other images are the copyright and/or trademark of the respective owners.
The information presented on the JOBYJOHN.COM web site is copyrighted to *LSE/JJC. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners. This does not include our client hidden page for viewing product designs, etc., we retain the copyright till products have been paid in full.
Designs, original art and clip art presented by *LSE/JJC are for the use of the authorized client. All art, images, designs, and material are copyright of *LSE/JJC nd may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of *LSE/JJC and the images contained within.
YOUR CONSENT TO THIS AGREEMENT
*LSE/JJC reserves the right to amend these terms at any time. Should it happen that a client's own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of *LSE/JJC.
Legal Disclaimer: This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing, description and availability, may be changed or updated without notice. *LSE/JJC and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if *LSE/JJC believes that customer conduct violates applicable law or is harmful to the interests of *LSE/JJC and its subsidiaries. Any court actions must be lodged in North Las Vegas, Nevada. Customer is responsible for court fees, attorney fees and any additional cost incurred from any said court action against *LSE/JJC. Charge backs filed that violate our store policy or with fraudulent intent, will be pursued in a court of law for additional damages and losses. Credit card rulings do not supersede our policies. By purchasing through our store either online or by phone, you are agreeing to our terms and conditions. If you do not agree to our terms and conditions, please do not purchase products through *LSE/JJC. *LSE/JJC Policy is subjected to changes without notice. All updates supersede previous Web Site Policy statements.