General. Orders entered, verbally or written, cannot be cancelled except upon terms that compensate Equirrium Inc. against loss. Tasks performed at the client’s request will be billed at current rates for labor, materials and expenses. These include consultation, concept creation, layout, copywriting, programming, illustration, photo preparation, model search, photo direction, photography, type specification, type composition, mechanical art production, cost estimation, press proofing, surveying, market research, travel and lodging, etc. Shipping and taxes are additional to cost estimates. Equirrium Inc. is not responsible for poor production quality, missed deadlines, or additional service charges should the client buy production services direct.
Alterations. Cost estimates apply only to work completed according to original specifications. Costs are subject to change per client alterations to layout, copy, illustration, photography, mechanical art, color separation, printing, etc. If additional work and/or material are needed due to such client alteration, or client error, the client will pay the additional expense at current rates.
Proofing. Proofs shall be submitted to the client along with original copy before final production. Corrections, if any, are to be indicated and returned marked either 1) “OK”, or 2) “OK with changes”, along with the date of review and signature of an authorized person. Equirrium Inc. is not responsible for errors if production is completed as per the client’s “OK”.
Color Proofing. Due to variation in equipment, and differences between color proofing methods and actual pressroom conditions, a reasonable variation between proofs and the final product shall constitute an acceptable delivery.
Overruns. Overruns or underruns not exceeding 10% of the quantity ordered shall constitute an acceptable delivery. The excess or deficiency shall be respectively charged or credited proportionately.
Delivery. All cost estimates are FOB shipping point. All proposed deadlines are based on the uninterrupted delivery of the complete order, and are contingent upon fires, floods, strikes, accidents, acts of nature, or other contingencies beyond control.
Terms. Legal rights to our work are retained by us. In engaging us to create, design and/or produce your project, you have agreed with the terms and conditions herein and agree to pay a 1.5% finance charge per month on any unpaid balance after (30) thirty days as well as any fees incurred should we have to secure an attorney or collection firm to gain fees due to us on your account. Usage rights of any/all/or part of our creative work, images (whether created as original or manipulated), illustrations, concepts, text/copy, photos, etc. are contingent upon payment in full and is subject to terms and conditions unless otherwise specified in writing. Payment in full is required before any copyright transfer or ownership / assignment / usage rights will be allowed or granted.
Granting of usage rights of our art, images, photos, concepts, programming, verbiage, etc. is contingent upon payment and is subject to the term and conditions herein. Full payment is required before right of usage, copyright transfer, assignment of ownership to another party or entity will be authorized. By paying our invoice, you fully comply and understand that you are buying the licensing rights to use our creative and that ownership is retained by Equirrium Inc.
Unauthorized use of art, in entirety or in part, as primary, secondary, or other sequential use, or any future unauthorized use; as well as use, manipulation, alteration, or copying in whole or in part by third party vendors without written consent from Equirrium Inc. is a direct violation of terms and conditions outlined herein and is strictly prohibited. Any violation of the aforementioned terms and conditions will be subject to legal action. All of our creative (both conceptual and tangible) is fully protected by international copyright law.
Digital files are made available selectively and are included only on identity systems or other such projects where deemed necessary by the sole discretion of Equirrium Inc. Native, original files and all electronic/digital files remain the sole property of Equirrium Inc. as these contain our proprietary design “recipes.”
Hosting. Equirrium makes no warranties or representations of any kind, whether expressed or implied for the service it is providing, and disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Equirrium expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability, and specifically denies any responsibility for any damages arising as a consequence of such unavailability.
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Proforma Invoicing. Unless otherwise specified on the original proposal, Equirrium Inc. services, time, and material may be invoiced on a proforma basis: 1) as project stages are completed (i.e. layout, final art, production), or 2) on the 1st day of each month.
Client Properties. It is understood that the storage of client property is a gesture of good will solely for the benefit of the client, and Equirrium Inc. is not liable for any loss or damage of such properties due to circumstances beyond control.
Equirrium Inc. is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, age, national origin, handicap, or status as a disabled veteran.