COPYRIGHTS AND USAGE
Any concepts created throughout the design process, whether they are used in the final product or not, remain the intellectual property of ODA CREATIVE LLC and ODA CREATIVE LLC reserves the right to use such concepts in both digital and physical portfolios. Any and all personal information on the design such as addresses, phone numbers, and other personal data provided by you will be changed prior to publication in a digital portfolio.
Once you approve the final proof, ODA CREATIVE LLC is not responsible for any formatting and/or typographical errors in the final product that were included in the final approved proof. All errors including spelling, punctuation, layout, format, color inaccuracy and typestyle included in the final proof are fully your responsibility – no exceptions. If you should choose to reprint due to an error of any kind, you are responsible for 100% of all costs, including but not limited to, the reprint, reproduction, and labor costs. If an error is made on our part, and the final printed product differs from the approved proof, we will reprint only to fix the error, at no additional cost to you.
We provide one initial design proof. Upon your revisions, we will provide subsequent updated proofs. All requests must be submitted at the same time to be considered an individual revision set. After two revision sets, subsequent revisions will be billed an additional fee of $10.00 per edit. If proofs are provided in color, please note that colors in digital proofs are not necessarily identical to the ink colors on the final product, even if that ink is black.
ODA CREATIVE LLC will provide all proofs in a digital format unless a specific request is made for a physical proof. One physical proof of your completed order can be provided for an additional fee starting at $150.00 and increases based on the complexity of the item in question.
Before any design work can begin, we must receive this Client Agreement executed by you with a non-refundable 50% deposit of the contract price, payable by cash, personal check, cashier’s check, money order or credit card. Any payment made with a check must have the funds cleared before any design work can begin. If a check does not clear, you will be charged an additional $50 fee. Any purchases made with a credit card will be charged an additional 3.3% merchant fee. Final payment (plus any additional fees that may arise, applicable tax and shipping charges) must be paid in full at the time that your order is ready to go to print. Orders will not be shipped until full payment is received.
Once your product has been mailed to you or picked up in person by you or on your behalf, ODA CREATIVE LLC is not responsible for any lost or damaged products. The client bears all risk of loss upon delivery at the mail or in person. Written consent must be provided by you in order for us to release products to a third party.
Should you choose to cancel your order once any contract phase or before printing/production of your order has begun, ODA CREATIVE LLC will retain the 50% deposit. Should you choose to cancel the order after printing/production begins, ODA CREATIVE LLC will retain 100% of the contract price.
REORDERS AND RUSH ORDERS
Please be sure of the correct quantity that you need. Should you choose to order additional materials after production has begun you will be charged an additional 40% of the total price.
Rush orders can be placed for an additional fee of $150.00 in addition to the cost of goods purchased. All rush orders will be shipped with FedEx or UPS express shipping and the cost of shipping is the sole responsibility of the client.
This Agreement, along with any exhibits, appendices, addenda, schedules, and amendments hereto, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written.
No amendment, change or modification to this Agreement shall be effective or enforceable unless it is in writing and executed by [an officer or director of] each party to this Agreement.
The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any provision of this contract is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this contract shall remain in full force and effect.
All disputes, controversies, or claims arising out of or relating to this contract shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.
You agree to indemnify, defend and hold harmless ODA CREATIVE LLC, its affiliates and any of their respective officers, directors, agents or employees, from and against any and all liabilities, claims, costs and expenses (including without limitation reasonable legal fees and expenses), brought by any third party alleging, arising, related or resulting from (i) your use of services provided by ODA CREATIVE LLC, (ii) any materials submitted by you or on behalf of you to ODA CREATIVE LLC or (iii) your violation of any applicable law, rule or regulation. You shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which ODA CREATIVE LLC may become a party by reason of this contract.