Terms & Conditions
I will not knowingly enter into any contract whereby the other party’s terms conflict with any of those set out below. 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 myself (Kevin Taylor), or an AUTHORIZED representative of Javelin Circle. By entering into a business relationship with Javelin Circle, you (the Client) agree and consent to the following terms and conditions:
TIME FRAME AND DELIVERY
I will provide the initial draft concepts to the Client within the time frame agreed upon in the initial consultation. Please note that if I am experiencing higher than usual demand or if they’re any other unforeseen delays, your design will be scheduled for the next available time slot and you will be notified at the earliest possible time. I will post the initial designs in an e-mail 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.
I will analyze the Client’s feedback and revise the designs. The revised samples will be presented to the Client within the specified time frame. Regular working days are Monday through Friday, 8 am – 5 PM Eastern Standard Time, excluding United States holidays. I will continue the revision process, as per the terms of the specific contract until you, the client, are 100% satisfied. Once the Client has approved the final design, final payment will be owed, and I will then proceed with the delivery phase. If your project is not printed in house, all requested OUTLINED OR FLATTENED OR JPG formats of the approved logo, design or photos are then emailed or posted to a client download area for the Clients use.
COPYRIGHT / TRADEMARKS
The Client unconditionally guarantees that any element of text or graphics furnished to Javelin Circle 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 Javelin Circle from any claim or suit arising from the use of such, as furnished by the client.
I will do no research checking on the legal availability of the name I am 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. Javelin Circle 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.
Ownership of the FINAL artwork or photography becomes the full property of the Client, having unlimited, indefinite and unrestricted use of the design or photography upon payment of all fees. Javelin Circle retains the right to display the artwork or photography in online or printed portfolios, social media sites and marketing materials, with the exception of nude photography. Unless otherwise arranged, all stock photography is used under royalty-free license of Javelin Circle. As such, the Client has legal rights to use the photography within the scope of the purchased design. All original copyright is retained by the photographer or licensing agency.
All concepts furnished to the client are for client review and comment purposes only. Until all project invoices are paid, Javelin Circle will retain exclusive copyright and ownership of all design and draft materials. Ownership of FINAL FLATTENED, OUTLINED OR JPG designs or photos are transferred to the client on payment of all fees. Unless otherwise arranged in writing, Javelin Circle retains ownership of all draft materials not used in the final design.
REVISIONS AND AUTHOR ALTERATIONS
Any and all revision requests or project additions/alterations MUST be furnished in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, either by e-mail, mailed letter or fax. 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.
The quotation assumes a reasonable average number of revisions per design item, but on very rare occasions 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.
The Client is responsible for content. Text must be provided, and ERROR FREE, prior to beginning your project.
DOMAIN, HOSTING & E-MAIL SERVICES
Your organization’s Internet domain is the unique name that appears in the URLs for your web sites and after the @ sign in your users’ e-mail addresses. It often takes the form of your organization’s name and a standard Internet suffix, such as javelincircle.com or javelincircle.net.
Web hosting is what makes your website viewable to people all over the world. Hosting makes it possible for others to view your website over the Internet – without it; you’re the only one who would ever see your Web pages.
I store your site on a server, giving it a unique address (DNS or domain name). It is through this address that people anywhere in the world can find, open, and interact with your site.
Javelin Circle e-mail hosting plans give you the best of both worlds. You can read, reply and store your e-mail in the cloud with web based e-mail, or set up your e-mail on your computer with your favorite e-mail client, like Mac Mail or Microsoft Outlook. You can even access your mail from your iPhone®, BlackBerry® or Android®. Each hosting account includes 1 e-mail address with the ability to add more, as needed.
Even though your domain, hosting and e-mail is stored on Javelin Circle’s server; with your yearly hosting fee, you unconditionally retain ownership. At anytime you can request to have your domain name transferred to another account. Because your account is paid for yearly, you will not be eligible for a refund on unused hosting.
I will provide a link for you to download your website HTML or PHP files directly from my website or from a third party cloud service. You are responsible for restoring your site with your new provider. When you delete your account with any hosting company, including Javelin Circle, you lose access to anything stored on the server, including e-mail. Please make sure you have downloaded any files you may need prior to migrating your website. Once the domain is deleted, there will be no way to retrieve this information.
Graphic design, Web Design and Photography is a professional service, not a restock able product or commodity. Customers are billed for time and expertise. In accordance with industry standards, I charge for design and photography services by the hour (unless a flat fee has been negotiated in writing) and I do NOT offer refunds under any circumstance (except in the case of copyright infringement as noted above).
All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Based on client changes, and additions, final invoices will reflect actual hours worked on your project, which may or may not differ from your quotation. Before any charges, in addition to the initial quote are applied, the client will be made aware of the charges in writing, through e-mail or revised quote or invoice.
An up front deposit of 50% (based on the quotation amount) is required for all new projects totaling more than $99.00. Projects totaling $99.00 or less require a complete payment. Any addition to a live website also requires a complete payment. Deposits are NOT transferred to other projects under any circumstance, unless agreed to in writing prior to beginning the project.
Once a photography project is scheduled and confirmed, the client MUST work within the time frame agreed upon. Any time consumed by the client delaying the project is charged at the hourly rate of $150.00, regardless of shoot activity. The total amount, including additional charges, must be paid in advance of photographing or editing the project. To retain your deposit, without incurring any additional expense, any cancellations and/or changes must be made 24 HOURS IN ADVANCE. NO EXCEPTIONS.
Deposits and payments may be made in a number of ways:
- Credit Card (Visa, Master Card, American Express or Discover)
- Money Order or Bank Draft
ONLINE AND IN-PERSON SECURITY
Online and in-person payments are processed securely using 1024 bit encryption. All your financial information (like your credit card number) is securely processed and encrypted by PayPal servers or through a SSL connection, so you don’t need to share your personal information.
I am happy to submit invoices in your local currency, however please note that credit card payments will require conversion to $USD. If your invoice is in another currency, you are still welcome to pay by credit card, but your total will be automatically converted by my gateway to $USD during processing.
If there has been no activity initiated by the client on a project in five (5) business days, said project will be classified as “inactive.”
Please note that an “inactive” classification places your project at the end of the line, behind any new projects I have received. When you are ready to restart, you will be given a new estimated completion date.
Because some projects run over, this date is subject to change based on the projects ahead of you. No refunds are given because of an “inactive status.” To avoid this scenario, once your project begins, please promptly respond to any e-mail correspondence you may receive from me or any of my partners.
If there has been no “significant” activity initiated by the client on a project in 31 days, or 1 month, whichever comes first, said project will be classified as “abandoned.” To resume, you will have to pay the entire remaining balance. No refunds are given because the client abandoned the project. To avoid this scenario, once your project begins, please promptly respond to any e-mail correspondence you may receive from me or any of my partners.
If your project is incomplete and you have received an “abandoned 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).
DELAYED FINAL PAYMENT
Once a project is complete, the Client is expected to remit the final payment, or balance due. If the final payment is not paid within 31 days, or one month of completion, a 5% late fee is applied to the balance every 31 days, or 1 month, whichever comes first. The project will not be transferred to the Client until the balance, including all late fees, is paid.
JAVELIN CIRCLE WEB SITE
Unless otherwise specified and/or credited, all images, artwork, text and graphics of this site are the copyright of Javelin Circle. All rights reserved. All other images are the copyright and/or trademark of the respective owners. The information presented on the Javelin Circle web site is copyrighted to Javelin Circle. 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.
Designs, original art and clip art presented by Javelin Circle are for the use of the authorized client. All art, images, designs and material are copyright of Javelin Circle and may not be resold, added to clip art collections, or any other unauthorized form of distribution or reproduction without the express written permission of Javelin Circle and the images contained within.
All material featured on javelincircle.com is offered for individual or commercial information only and as such is offered on a ‘as is’ basis. Any other use of graphic material found on the javelincircle.com site including mirroring or copying any part of the site is prohibited without the express written consent of a Javelin Circle authorized representative.
Visitors are permitted and encouraged to link to this site. You are welcome to link to any page or section of the Javelin Circle web site. Any form of reproduction, electronic or otherwise is strictly forbidden without prior written consent of Javelin Circle or its agents.
UPS GROUND SHIPPING
Some UPS packages will be left without a signature. If you do not want UPS to leave your shipment, please make sure someone is available to accept delivery. If UPS does not feel comfortable leaving a package at a residence or business location and no one is available to accept delivery, UPS will return the package to their facility.
Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer’s “Internet Protocol” IP address. When a visitor requests a page from within my site, my web servers automatically recognize that visitor’s domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed my site. I may use this information to examine my traffic in aggregate. My web servers do not automatically record e-mail addresses or any personal information of the visitors.
I accept a number of different payment methods, including several offline options (credit card by telephone, in-person or fax, wire transfer, or money order by mail). I also offer secure and convenient payment online. Your credit card information will be processed via secure, tested and trusted servers. Your information will not be shared or sold to third parties for any purpose.
I will only disclose personal information and/or an IP address, when required by law or in the good-faith belief that such action is necessary to:
- Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on Javelin Circle,
- Protect and defend the rights or property of Javelin Circle site and related properties, or visitors to the Javelin Circle site and related properties,
- Fulfill a user’s order or request.
I use reasonable precautions to keep the information disclosed to me secure. I am not responsible for any breach of security or for any actions of any third parties that receive the information. I am not responsible for such third party privacy policies or how they treat information about their users.