Terms and Conditions

By ordering any service from Third Estate Design you agree to the following terms and conditions:

Billing

Estimates

An estimate is just that – an estimate.  (See definition)

On almost every job, Third Estate Design will provide one or more quotes / estsaimates, sometimes verbal or written, informal or formal.  We do our best to provide an accurate estimate of times, costs, and fees involved in a project, however due to various reasons from client changes to the job just plain being a lot more complicated than initially anticipated, the estimated costs may change.

All quotes given are estimates only, unless otherwise negotiated and noted in writing.  Final invoices will reflect actual hours worked on your project, materials costs, incidental expenses, etc., which may or may not differ from your original estimate.

Estimates are subject to a standard variance of +/- 10% of the total before tax.  Any variance above 10% will be discussed with and must be approved by the client before continuance of work.  The final invoice will not exceed the quoted amount by a margin of over  10% without prior notification and written authorization by the client.

Project estimates are valid for 30 days from the date of estimate.

Billable Time

Billable time on design projects includes all time spent directly on the project, including but not limited to:  project research and development, client consultations, design work, revisions, proof output, coordination with sub-contractors, and communications (phone, email, and in person).

Consultation

Consultation is defined as any discussion which involves Third Estate Design or any agent thereof providing advice, suggestions, or project planning above that which is necessary for a basic understanding of your project.

All clients are eligible for up to 30 or up to 60 minutes of free consultation per project, depending on the scope of the project.  Any consultation provided past that point may be deemed billable, rounded to 15 minute increments.

Third Estate Design reserves all rights to make a judgement about when a conversation becomes a consultation.  If it takes multiple hours for you to explain your project, or if we have to squeeze information out of you to complete the project properly – that was a consultation.

Revisions

Revision work is not done free of charge unless otherwise specified.  Any and all revision requests or project additions / alterations MUST be furnished to Third Estate Design in writing, either by Email, 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.

Packaging / Handling

Any service involving extraneous packaging or handling of goods may be deemed billable.  Examples include (but are not limited to) separating an order of 10,000 flyers into individually packaged sets, or individual folding and packaging of a bulk order of t-shirts.

Travel

Billable time may also include travel time to client’s location or other location associated with the job, as required.

 

Payment Policies

Speculative Work

no-spec-100pxThird Estate Design does NOT engage in speculative work and will not honor any requests for such (see www.no-spec.com for more information about spec work).  This means we don't do work for free and "see if you like it."

We have provided an extensive public portfolio, making it easy for potential clients to judge whether the style and quality of design offered by Third Estate Design is a good fit for their organization.

Schedule of payments

On all work orders / invoices of up to $1000, a 50% payment will be due at the time of the initial order, prior to the start of any custom design work or physical goods production.  The remaining 50% will be due at completion of the job, either at the time of delivery of physical goods, or prior to the transfer of digital files, including electronic delivery of files, and website “make-lives.”

On all work orders / invoices of more than $1000, a 30% payment will be due at the time of the initial order, prior to the start of any custom design work or physical goods production.  Another 30% will be due at the midpoint of the job, generally after initial development during the first or second client review stage.  The remaining 40% will be due at completion of the job, either at the time of delivery of physical goods, or prior to the transfer of digital files, including electronic delivery of files, and website “make-lives.”

Exception:  Work orders / invoices of more than $1000 which consist primarily or entirely of physical goods will be paid on the 50% / 50% schedule described above.

For outsourced printing jobs, 100% of printing costs must be paid prior to submitting the project to print.

Client Credit

Certain eligible clients may apply for monthly payment terms or a client line-of-credit account.  Eligibility will be considered and determined on a case-by-case basis.  Clients who have not previously done $5000 or more of annual business with Third Estate Design will not be considered.

Accepted methods of payment

Third Estate Design accepts the following forms of payment:

  • Cash / Money Order / Cashier’s Check
  • Verified Personal / Business Check
  • Credit Card
  • PayPal

In all cases, payments must be received - and in the case of checks from new clients, cleared – according to the schedule(s) described above.

All credit card payments are processed through PayPal.  All credit card / PayPal payments are subject to a 3% processing fee.

Checks returned NSF (non-sufficient funds, AKA “bounced” checks) will be subject to a $50 NSF fee to cover back service charges and general inconvenience.

Incidental Expenses

The completion of some projects may necessitate the purchase by Third Estate Design of certain peripheral / incidental items and services, including but not limited to stock photography, clipart, fonts, etc.  These expenses will be included on the final project invoice, and the client will be responsible for these expenses.

All incidental expenses to be invoiced will be discussed with and approved by the client prior to Third Estate Design incurring such expenses.

Coupons / Discounts

Client Referral coupons may not be used by the same client to which they have been issued.  All referral bonuses will be applied to referring client accounts upon time of completion of referred client’s project.

All volume / bulk order discounts on work orders / invoices are subject to change based on variance from original estimate.

Cancellation / Refunds

Due to nature of the graphic design process and the time involved refunds are not given for any reason, unless work has not begun on the project.  Client approval of a work order / invoice shall constitute the start of work on a project.

If, prior to completion of the project, the client observes any nonconformance with the design plan Third Estate Design must be promptly notified, allowing for necessary corrections.

Should the client cancel the project at any time during the development period, Third Estate Design will invoice for work completed up to the point of termination.  In the event of project cancellation, ownership of all copyrights and any original artwork shall be retained by Third Estate Design, and a cancellation fee for work completed may apply as determined by Third Estate Design.

 

Timeframes

Estimated Completion Times

All quoted completion times are estimates.  All estimated completion times are subject to change.  Third Estate Design must be notified, in writing, of any firm deadlines that apply to a project prior to the start of work on a project.

Review Process

The client review process is one of the most frequent reasons for changes to estimated completion times.  Clients will be expected to provide reviews and changes to proofs / developmental work within 24 hours of receiving said proofs.  Any delay of more than 24 hours may delay the completion of the project, in some cases by more than the length of the delay.

Estimates / quotations provided assume a reasonable average number of revisions per design item, 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 understands that any revisions or additions they request may extend the completion date.

Client delays

Third Estate Design will frequently provide estimated completion times based on an agreement, either verbal or written, for the client to provide certain content items (text copy, logos, photos, etc.) within a specified period of time.  Any delay of receipt of these content items may delay the completion of the project, in some cases by more than the length of the delay.

Rush Orders

More than half of the projects we receive are “rush” jobs.

Clients will be provided with estimated completion times at time of initial order.  Any client wishing to receive their completed order within less than the quoted completion time will be subject to a rush charge, dependent on the scope of the project and the length of time of the rush.

Next time plan ahead.

 

Copyright / Usage Rights / Credits

Portfolio Usage

Third Estate Design retains the right to use any original artwork in its portfolio, advertising materials, website, and any other form of promotion, physical or digital.  Third Estate Design must be informed, in writing, of any sensitive materials which the client does not wish / permit to be used for these purposes or otherwise.

Copyright

Until explicit transfer of copyright, all design concepts, drafts, and proofs furnished to the client are for client review and comment purposes only.  Third Estate Design retains copyright of all original artwork, in any media, including digital files, whether preliminary or final, unless otherwise stated in writing.

Until final invoice balance is received by Third Estate Design, all logos, artwork, concepts and designs remain the copyright and exclusive property of Third Estate Design.  Third Estate Design retains ownership of all draft materials not used in the final design.

Any unauthorized usage by the client, or any other party, of any copyrighted property of Third Estate Design will result in appropriate legal action.

Client Responsibility

The Client unconditionally guarantees that any element of text or graphics furnished to Third Estate Design 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 Third Estate Design from any claim or suit arising from the use of such elements as furnished by the client.

If Third Estate Design creates artwork for a client which accidentally infringes on any existing trademarked artwork, Third Estate Design's liability is limited only to a refund of the design portion of the invoiced amount.

Third Estate Design 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.  Third Estate Design and its 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.

Credit Lines

Certain print projects will include a printed credit line for Third Estate Design.  This credit line and placement will be implemented tastefully and non-obstructively, and negotiated on a per-job basis.

Third Estate Design shall be given credit on website designs.  All websites designed by Third Estate Design will include a small logo at the bottom of the page, linking to our website.  Clients may not remove our credit line while still using our design.

 

Printing

Printing Approval / Cancellation

All designs are submitted to the client for approval prior to the start of print production.  All designs for printed materials must be approved, in writing, no exceptions.

We do our best to ensure accuracy before submitting jobs for client approval, however once approval has been received, Third Estate Design will not be held liable for any errors on printed materials, whether the fault of the client or Third Estate Design.  Third Estate Design will assume that you have verified the spelling, grammar, content and layout, etc. and that all are correct.

Once client approval has been received, your print order may not be modified or cancelled, and you will be responsible for full payment regardless of any errors on your part.  A print order cannot be canceled and no refund will be given once it has entered into production or any process thereafter.

Color Quality

Third Estate Design guarantees that its prints will meet CMYK industry standards. We cannot guarantee "match-print" color fidelity and cannot prevent slight color shift throughout an order, or from one order to another.  Because we cannot control the color reproduction of a customer's computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears on your monitor.

Third Estate Design is not responsible for any color shift in printed designs with black, near black, or gray tones.  Proofs do not guarantee black, near black or gray final output.

UV Coating

Please note that the application of UV coating may have an effect upon or change the appearance of printed colors. Third Estate Design is not liable for the final color appearance of a UV coated product.

Over/Under Runs

Although we endeavor to ship the quantity ordered, final quantities of printed materials may vary within 5% over or under the requested quantity.  If a minimum quantity is a specific necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run.  If an exact quantity is an absolute necessity Third Estate Design must be notified in writing.

 

Guarantees / Warranties / Limitation of Liability

Third Estate Design provides no guarantees or warranties, and disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.

Client agrees that it shall not hold Third Estate Design or its agents or employees liable for any incidental or consequential damages that arise from Third Estate Design’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Third Estate Design or a third party.

Third Estate Design reserves the right to refuse service to any company or individual at our discretion.

By ordering any service from Third Estate Design you agree to the above terms and conditions.

By ordering any service from Third Estate Design you agree to the following terms and conditions: