art.design.life

builders and repairers of walls long left in ruin…

Consulting & Instruction Agreement

Consulting is defined as a type of creative service that provides individuals and organizations with advice and access to specialized knowledge and information in an area of need. An individual or organization may require an experienced or alternative view of a project or operation in the area of creative, educational, design, or media consulting either on a short-term or long-term basis.

This service is focused on the knowledge, information, instruction, and recommendations concerning the project or operation and is distinct and separate from the labour and time involved in bringing a creative work to completion.

What is included in consultation service:

Background Research

Investigation into the client organization, project, needs, goals, vision, tonality, brand image, budget and timing issues.

Analysis & Planning

Compiling the available data and creating a plan to communicate the required knowledge and information in a balanced manner.

Communication & Instruction

Preparing and presenting information and recommendations in a clear and effective manner, training and supervision of implementation.

Review & Revision

Review and follow up on the process of implementation and training. Adjustments and revisions based on progress and initial feedback.

Documentation & Support

Documentation and support relating directly to the area of consultation, planning, or recommendation.

What is not included in consultation service:

Infinite Knowledge

The client is responsible to provide accurate information on the background and surrounding circumstances. The extent and quality of these details will weigh heavily in the final outcome.

Guaranteed Solutions

What is offered is a certain perspective based on knowledge, experience, and research. The implementation and follow up to achieve the final solution will remain the responsibility of the client.

Content Creation Ex Nihilo

Consulting generally involves information, communication, review and recommendation. The bulk of content creation, labour, and time related to bringing a work or project to completion are separate services.

Unlimited Follow Up & Support

Follow up and support is limited to the time and area covered in the project agreement. Additional support will be subject to subsequent agreements.

Terms of Use:

Security & Privacy

The client agrees to safeguard the confidentiality of any files, documents, passwords, or login information, to hold responsibility for all activities that occur under those passwords or administration accounts, to log out after each session, and to keep record of their passwords and account information.

In the case of a dispute where the contact information and the billing information are registered to different individuals, the credit card / PayPal account holder will be considered to be the purchaser of the use of the artwork, design, files, hosting, or code and will be the only party granted access to or influence over the creative work until the dispute is resolved.

Lawful & Ethical Use

The client agrees to be solely responsible for the content of their messages and to use the artwork, design, files, hosting, or code only for legal and ethical purposes. Use in connection with the propagation, distribution, linking, processing, presenting, or handling in any way of lewd, obscene, adult or pornographic material, surveys, gambling, contests, pyramid schemes, phishing, hacking, password mining, unauthorized access to information, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited.

The client agrees to be solely responsible for the source, ownership and rights of their supplied content including all files and media, text, images, graphics, audio, video, code, logos, templates, creative works, intellectual property, and scripts, both at the time of deployment and for future updates. Use, reproduction, propagation and transmission of any content, information and materials through a site or in a creative work do not, and will not: infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party; break any criminal or international law or manifest false advertising, unfair competition, vilification, privacy intrusion, or unwholesome use; violate a right of publicity or violate any other law or regulation.

A client refusing to abide by the letter or the spirit of the lawful and ethical use policies will be denied service, account, design, file, hosting, or code access immediately, and necessary follow up action may be taken to satisfy any applicable law, regulation, legal process or governmental request for disclosure of information.

Terms of Service:

The client agrees to abide by the terms of this agreement as well as any additional agreements associated with third-party services directly in connection with the creative process or storage and transmission of information.

Sign-off & Approval

The client agrees that during the research and planning stage and before any creative work begins, each individual in the client organization that will later have an opportunity to accept or reject the creative work will sign-off on the creative services brief.

Availability of Service

The client agrees that interruptions of the creative process due to failure of the client to provide content or meet deadlines, or to circumstances beyond control, and any resulting loss of time, service, profits, or income will not constitute a default under this agreement.

Scope Creep

The client agrees that any additional projects, revisions, additions, design, or follow up not covered in the initial agreement will be subject to separate agreements and will be billed accordingly with prior notification. The client also recognizes that additional work or revisions will negatively affect the timing of milestones, deadlines, and estimated completion dates outlined in the original agreement.

Copyright & Intellectual Property

The client agrees that any creative work, service, concept, design, logo, layout, intellectual property, or media including images, video, audio, code, or text involved in the design process may be used by artdesignlife and its designers for portfolios, promotion, derivative works, or exhibition of work.

The client also agrees that the copyright to any original artwork produced as part of the creative process remains with the artist and use of the artwork is licenced to the client under conditions that will be determined in the creative brief.

The client agrees to refrain from use of any creative work, service, artwork, design, files, hosting, logo, layout, intellectual property, or media including images, video, audio, code, or text for purposes beyond the original design agreement including use without proper attribution, re-selling, unauthorized distribution, or unauthorized duplication.

Payment

The client agrees to abide by the payment terms of this agreement as well as any additional agreements associated with PayPal's terms of service.

The client agrees to pay the required amount a minimum of one week in advance of each milestone start date. Failure to meet the payment date may result in a delay, suspension, or cancellation of service or work.

The client agrees to maintain up to date email contact information to avoid interruption of work due to a missed deadline or milestone. Any major changes in timing or fees will be communicated before the payment date for the deadline or milestone in which they take effect.

Payment may be made through PayPal on the payment page:
http://tmkdj.com/payment/

Cancellation & Refunds

Cancellation of service may be requested at any time, however as creative work is set up on a prepaid basis by milestone, and work on any portion of the milestone will count as the full time of service, there will be no refund for a mid-milestone cancellation.

Cancellation of web hosting service may be requested at any time, however as accounts are set up on a prepaid basis by year, and use of any portion of the year will count as a year of service, there will be no refund for a mid-year cancellation. Domain name registrations, transfers, service upgrades and other add-on or third-party services are non-refundable and cannot be cancelled or refunded after being activated.

A client may request service cancellation via e-mail and may be required to provide authentication credentials to ensure the security of the project or account.

Creative work or concepts that are incomplete or unpaid for at the time of cancellation will remain property of artdesignlife and may be re-purposed.

Termination

The client agrees that creative work, web hosting, and access to accounts, passwords, and provided content may be discontinued or terminated at any time with prior notice, and without prior notice if there is a violation of this agreement.

Revisions

The client understands that terms and conditions may be revised from time to time in order to improve service and design workflow.

Controlling Language

If this agreement is translated to any language other than English, the client acknowledges and agrees that the English language version will be considered original and correct and will prevail in case of inconsistency or contradiction in interpretation or translation.

Client Services Contact Information

Clients should refer all payment and service related communication via email to:

project77+no_spam_design@gmail.com