Print Project Terms
The following terms and conditions apply to all print projects.
Last Updated: 8-28-2020
- Work: Market3 agrees to produce project materials (the “Work”) at the request of the client for fees agrees upon in advance and delivery of the Work by an agreed-upon deadline. Market3 agrees that they will be the sole author of the Work, which will be original work and free of plagiarism. All agreements are contingent upon strikes, accidents or delays beyond our control; especially work relying on 3rd party involvement (such as domain transfers, printers, mail centers, etc). In the case of hourly estimates, actual hours will be billed.
- Client Approvals: The Client’s representative, has full authority to provide and obtain all necessary information and approvals throughout this project. The “Client” will approve and proofread all final designs, type, press proofs and web sites. The “Client” will make all efforts to ensure the information correct and as such, “Client” assumes all responsibility for the accuracy of the final products.
- Compensation: Unless otherwise stated, Client agrees to pay Market3 50% of the total project cost before any services are provided, and the remaining 50% is to be paid before any workable files are delivered. If the parameters of the Work change, or if it involves more time than estimated, Market3 will inform Client and they can renegotiate the Work’s cost. Market3 is responsible for the payment of all federal, state, and/or local taxes with respect to the services he performs for the client as an independent contractor. The Client will not treat Market3 as an employee for any purpose and no work performed will be under the “Work for Hire“ model.
- Delays and Termination: All payments received are non-refundable. If any part of the work for this project is delayed for longer than 30 days, Market3 will invoice for work completed, with that amount due before work can resume. If the project is terminated by the client for any reason, before completion, the balance of the project remains in effect and will be due at the time of termination.
- Consequences of Non-Payment: Market3 reserves the right to suspend work and/or withhold issuing any project documents if invoice payments are not received within a reasonable period of time from invoice date.
- Project Expectations: Despite Market3’s enthusiasm and best hopes for a project, we cannot guarantee its ultimate success beyond the scope of providing a working, properly functioning site or professionally executed printed piece. This applies to all projects, but particularly those with sales goals, ROI goals and desired end user actions/ responses. If any of these benchmarks or goals are discussed during development, they are to be considered for discussion purposes only and in no way constitute a performance guarantee.
- Self Promotion and Credit: Market3 can use samples or photographs of the work created under this agreement for self-promotion in publications, exhibition, competition and other mediums (such as our website) once the project has been made public. The following credit will be mentioned on all publicity/promotion of this project and/or our relationship, including, but not limited to, awards, competitions, press releases, etc.: “Designed by Market3”.
- No Exclusivity: The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Market3, and Market3 shall be entitled to offer and provide these services to others, solicit other clients and otherwise advertise the services offered by Market3.
- Client Content: Client Content, including pre-existing Trademarks, shall remain the sole property of Client or its respective suppliers, and Client or its suppliers shall be the sole owner of all trademark, trade secrets, patents, Copyrights, and other rights in connection therewith. Client hereby grants to Market3, LLC, a nonexclusive, license to use, reproduce, modify, display and publish the Client Content solely in connection with Market3’s performance of the services and promotional uses of the deliverables as authorized in this Agreement.
- File Ownership & Design Use: Only the final work created for the Client that is approved for production becomes the sole property of Client upon receipt of payment in full. Any requested files will be provided in compressed (non-layered/non-editable) format. The original, editable, layered artwork files (Photoshop, Freehand, Illustrator, InDesign, Fireworks, Dreamweaver, etc.) belong to Market3, LLC. Client can only use work in its final created format for which the work was intended and cannot alter or use it for other purposes, without first receiving full copyrights for the work from Market3, LLC and paying negotiated license transfer fee, usually amounting to 50% of the total project cost.
- Intellectual Property Rights: This project grants the client unlimited reproduction rights for the final artwork, for the originally intended purpose; you may print/reproduce as many pieces as you wish, of the final artwork, with no restriction on time, production (print) source or production quantity. Market3, LLC retains full copyrights for all materials created for the project, not previously owned by the client or a third party. This includes all preliminary work (concepts, ideas, sketches, etc.), original design files (editable, layered artwork files), fonts, and stock art, etc.
- Confidentiality: Market3 acknowledges that he may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Market3 agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Market3 before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Market3 can display materials and final work created for Client on the Market3’ website.
- Cancellation: Both parties understand that Client or Market3 may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Market3. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Market3 retains ownership of all copyrights and original work created.
- Electronic Files: Length of Storage. Market3 will archive the project files in a secure, off-site location 30 days after the project is completed. Market3 agrees to store these files for a maximum of one year.
- Retrieval Fee. Market3 will charge $50 to retrieve/transfer any elements of our electronic files from archive at the request of Client providing related usage rights have been negotiated.
- Acceptance of Terms: Client promises to pay for the services rendered by Market3 for the Work as agreed upon. By signing below, Client agrees they have read, understood, and are considered legally bonded to these terms.