Busy beaver graphics & promotions
Disclaimer / Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Busy Beaver Graphics & Promotion LLC and in the event of any dispute. All work is carried out by Busy Beaver Graphics & Promotion LLC on the understanding that the client has agreed to our terms and conditions. Copyright is retained by Busy Beaver Graphics & Promotion LLC on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Busy Beaver Graphics & Promotion LLC, unless specifically agreed in writing.
At the time of proposal, Busy Beaver Graphics & Promotion LLC can provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Busy Beaver Graphics & Promotion LLC website. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
Charges for design services to be provided by Busy Beaver Graphics & Promotion LLC will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, the fee will become immediately due before quoted work begins. Additional fee may apply if outside the scope of the original quote.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50%) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50%) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Additional fee may apply if outside the scope of the original quote.
We will supply proofs and press ready files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, ai, eps, pdf, or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge. If a 'buy-out' fee is not obtainable, usage right can and will be applied. Source files will than be subjected to monthly fee's until 'buy-out' is full filled.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payments made by check must be previously agreed and may be subject to an administration charge. Checks should not be sent in regular mail unless sent recorded delivery. Returned checks will incur an additional fee. Busy Beaver Graphics & Promotion LLC reserves the right to consider an account to be in default in the event of a returned checks.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Busy Beaver Graphics & Promotion LLC shall be entitled to remove Busy Beaver Graphics & Promotion LLC‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. If left unpaid after 30 days, a weekly 18% compound interest fee will be applied.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay all Busy Beaver Graphics & Promotion LLC ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Busy Beaver Graphics & Promotion LLC for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Busy Beaver Graphics & Promotion LLC. By supplying images, text, or any other data to Busy Beaver Graphics & Promotion LLC, the customer grants Busy Beaver Graphics & Promotion LLC permission to use this material freely in the pursuit of the design. The customer agrees to fully indemnify and hold Busy Beaver Graphics & Promotion LLC free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. The customer also agrees that Busy Beaver Graphics & Promotion LLC holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Busy Beaver Graphics & Promotion LLC, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Busy Beaver Graphics & Promotion LLC and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Busy Beaver Graphics & Promotion LLC will not be held responsible for any and all damages resulting from such claims. Busy Beaver Graphics & Promotion LLC is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Busy Beaver Graphics & Promotion LLC responsible for any such loss or damage. Any claim against Busy Beaver Graphics & Promotion LLC shall be limited to the relevant fee(s) paid by the customer. Usage right fee(s) and 'buy-out' options are available and those fee(s) can be obtained in a separate contract.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish. Busy Beaver Graphics & Promotions LLC owns all Intellectual Properties (IP) of all design work that is generated.
The client agrees to Busy Beaver Graphics & Promotion LLC’s definition of acceptable means of supplying data to the company. Text is to be supplied to Busy Beaver Graphics & Promotion LLC in electronic format as standard text (.txt), MS Word (.docx) on CD, or via e-mail / FTP or shared folder. Images which are supplied in an electronic format are to be provided in a format as prescribed by Busy Beaver Graphics & Promotion LLC via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Busy Beaver Graphics & Promotion LLC will not be held responsible for any image quality which the client later deems to be unacceptable. Busy Beaver Graphics & Promotion LLC will not be held responsible for spelling or grammar errors in provided copy. The customer is responsible unless proofreading and editing fee(s) are quoted or than requested, additional fee(s) will apply.
Busy Beaver Graphics & Promotion LLC cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images
Design Project Duration
Any indication given by Busy Beaver Graphics & Promotion LLC of a design project’s duration is to be considered by the customer to be estimation. Busy Beaver Graphics & Promotion LLC cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Busy Beaver Graphics & Promotion LLC for the initial payment or by date confirmed in writing by Busy Beaver Graphics & Promotion LLC.
The customer agrees to allow Busy Beaver Graphics & Promotion LLC to place a small credit on printed material exhibition displays, advertisements and/or a link to Busy Beaver Graphics & Promotion LLC own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Busy Beaver Graphics & Promotion LLC to place websites and other designs, along with a link to the client’s site on Busy Beaver Graphics & Promotion LLC’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Busy Beaver Graphics & Promotion LLC will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Busy Beaver Graphics & Promotion LLC also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Busy Beaver Graphics & Promotion LLC does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Busy Beaver Graphics & Promotion LLC to remove the contravention without hindrance, or penalty. Busy Beaver Graphics & Promotion LLC is to be held in no way responsible for any such data being included. Busy Beaver Graphics & Promotions LLC will not reproduce art without the consent of the artist unless you own the copyright to an image or have a license from the owner, printing a copy of an image or posting it online without permission is a violation of copyright law.
In case of no response from the customer/clients end more than a 30 days period or longer, the project the will be cancelled without any notice or intimation to the client or customer and no amount will be refunded. All produced media will be held for 90 days and will be subjected to weekly 18% compound interest. Customers whose accounts become default agree to pay all Busy Beaver Graphics & Promotion LLC ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Busy Beaver Graphics & Promotion LLC reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Busy Beaver Graphics & Promotion LLC, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.busybeavergraphics.com
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Busy Beaver Graphics & Promotion LLC..