Terms of service.
This document defines the terms and conditions of our working relationship. All projects or services that Realm Creative may be contracted to produce or provide for the Client. By purchasing our services, you will be subject to the following (customer is referred to as the Client):
SCOPE OF WORK
1.1. The scope of work is as per provided notes and subject to the same assumptions. Should the scope of work change in any way, this estimate is subject to revision, and this additional work will not be undertaken until the Client has approved the revised estimate.
TIME SHEETS AND PRODUCTION SCHEDULES
2.1. Realm Creative will share the time sheets of all work undertaken on this project.
2.2. Realm Creative will advise the Client of time utilized on a weekly basis and will alert the Client should it become apparent that significantly more or less time will be needed to complete the specified work.
2.3 Production schedules will be established and adhered to by both the Client and Realm Creative, provided that neither shall incur any liability, penalty, or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, acts of God, or other causes beyond the control of the Client or Realm Creative. Where production schedules are not adhered to by the Client, the final delivery date or dates will be adjusted accordingly.
PAYMENT
3.1 The grant of any license or right of copyright is conditioned on receipt of full payment.
3.2 Realm Creative reserves the right to suspend work or withhold material should the Client be in breach of the payment schedule until such time as the Client rectifies the situation.
3.5 The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
3.6 The Client agrees to pay Realm Creative in accordance with the terms specified in each quote.
3.7 The Client is required to pay 50% of the project cost before work can commence. Unless otherwise specified, all subsequent balances are payable before Issued Art.
3.8 The final price is quoted in US dollars and to be paid in that equivalent. Realm Creative accepts payment by direct deposit or Stripe. For Stripe credit card payment, a 1.8% surcharge fee will be added to the invoice. For international money transfers, a fee of $15 USD will be added to the invoice.
CONFIDENTIALITY AND OWNERSHIP OF MATERIAL
5.1. All work undertaken by Realm Creative shall be confidential until such time as the material becomes available in the public domain.
5.2 Once a project has been delivered and is fully paid for by the Client, Realm Creative will assign the reproduction rights of the design for the use(s) described in the quote.
5.3 All design and artwork created (or purchased) by Realm Creative remain the right of Realm Creative unless the Client purchases "All Rights" from Realm Creative. If the Client wishes to use the design for another purpose or project, including a reprint or exhibition, the Client must contact Realm Creative to arrange any additional licenses or fees before proceeding. If printing or other implementation is done through the Client's vendors, the Client agrees to return all original mechanicals and artwork to Realm Creative within two weeks and to provide printed samples of each project.
5.4 Realm Creative reserves the right to photograph and/or distribute or publish, for promotional and marketing needs, any work created for the Client, including mock-ups and comprehensive presentations, as samples for Realm Creative portfolios and similar media.
5.5 Realm Creative agrees to store project data for a period of 12 months beyond the delivery of a job. Thereupon, Realm Creative reserves
the right to discard them.
CANCELLATIONS, ERRORS, AND OMISSIONS
6.1. Should the Client be unable to keep their commitment and the above project is canceled or postponed indefinitely, the Client shall be liable to reimburse Realm Creative in full for any work done up to that point (as per the time sheet) by Realm Creative, as well as an additional cancellation fee of 30% of the remaining value of the project.
6.2. Realm Creative may withdraw from a project if it becomes inactive for 30 (thirty) days, and a representative will notify the Client by letter of the decision to do so.
6.3 Realm Creative will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on Realm Creative's part, however, Realm Creative is not responsible for loss, destruction, damage, or unauthorized use by others of such property. Realm Creative will use its best efforts to ensure the quality and timely delivery of all pieces. Although Realm Creative will use its best efforts to guard against any loss to you through the failure of its vendors, media, or others to perform in accordance with their commitments, Realm Creative is not responsible for failure on their part.
CHANGES
7.1 New work requested by the Client and performed by Realm Creative after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, Realm Creative will submit a proposal revision to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Author's alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
CODE OF FAIR PRACTICE AND LIABILITY
8.1 The Client and Realm Creative agree to comply with the provisions of the Code of Fair Practice.
8.2 The Client agrees that it shall not hold Realm Creative or its agents or employees liable for any incidental or consequential damages that arise from Realm Creative's failure to perform any aspects of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Realm Creative or a third party.
OUT-OF-OFFICE HOURS
9.1 Good design takes time; please allow generous lead time if possible. We will always try to accommodate your needs.
9.2 Our studio has a strict work-life balance policy. If you require work after hours or on weekends, it comes at an additional charge.
ACCEPTANCE OF TERMS
10.1 Written acceptance of any estimate or payment of the first issued invoice indicates that you have read, accepted, and wish to comply with these Terms and Conditions.