Project Standards.   Any project between the Client (as defined on the quote, invoice, work order) and MoeGraphix Design Studio are subject to this agreement, unless upon a written agreement by the Client and MoeGraphix Design Studio to terminate this agreement specified in the :”Termination” section below.

Visual Design Services.   MoeGraphix Design Studio shall provide services for this project consisting of consultation, research, design and coordination of the project.

Payment of Fees.   Fees are due and payable on the following schedule: 50% non-refundable deposit, 50% upon completion. Payment in full is due before final website is uploaded, files are provided or printing.

Approval of Final Artwork.   The Client shall proofread and approve all final type before the production of artwork. Final proof will include artwork, size, shipping address and quantity. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork, drawings and other items prior to their release for printing, fabrication, or installation. MoeGraphix Design Studio does not offer proofreading, editing or copy writing. NO refunds or reprints are given after a final approved design has gone to print.

Liability of Designer. MoeGraphix Design Studio shall take reasonable precautions to safeguard original or other materials provided by the Client. The Designer shall, however, not be liable for any damage to, or loss of any material provided by the Client, including artwork, photographs, or manuscripts, other than or on account of willful neglect or gross negligence of the Designer. Although MoeGraphix Design Studio may recommend that the client utilize the services of various trades people, MoeGraphix Design Studio shall have no liability for payment to these trades people, nor shall MoeGraphix Design Studio have liability as a result of any services or product or materials by said trades people.

Client Obligations. The Client must provide accurate and complete information and materials to MoeGraphix Design Studio and shall be responsible for the accuracy and provided by the completeness of all information and materials so provided. The Client guarantees that all materials supplied to MoeGraphix Design Studio are owned by the Client or that the Client has all necessary rights in such materials to permit MoeGraphix Design Studio to use them for the project.
The Client shall indemnify, defend, and hold MoeGraphix Design Studio harmless from and against any claim, suit, damages and expense, including attorney's fees, arising from or out of any claim by any party that its rights have been violated or infringed upon with respect to any materials provided by the Client.

All copy materials provided by the Client shall be in a form suitable for typesetting, where photographs, illustrations, or other visual materials are provided by the Client, they shall be of professional quality and in a form suitable for alteration. MoeGraphix Design Studio shall return all materials provided by the Client within 30 days after the completion of the project and payment of amount due.

Property Rights.  The elements of design work for the project remain the designer’s property whether or not the project is executed. If client chooses to terminate the website at any time in the future, MoeGraphix Design Studio reserves the right to retain the rights for usage. This means, you own your finished product but we reserve the rights to the 'ingredients' used to create your images including fonts, patterns, stock art, textures and shapes.

Revisions/Additions.  Any revisions or additions to the services in this project shall be billed as additional services not included in any fixed fee or estimated fee specified in this project.
Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval has been given for a specific stage of design, documentation, or preparation of artwork.

MoeGraphix Design Studio shall keep the Client informed of additional services that are required and shall request the Client's approval for any additional services which cause the total fees, exclusive of any surcharge for rush work, to exceed the fixed or estimated fees in the project.

Rights.  Other than for the promotional use of MoeGraphix Design Studio, all services provided by MoeGraphix Design Studio shall be for the exclusive use of the Clients said purposes ONLY. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all fees and expenses, reproduction rights for all approved final designs created by the Designer for this project shall be outlined in the original estimate. For further usage, price will be based on a case by case basis.

Rush Fees.  ANY job that is pushed ahead of regularly scheduled jobs for emergency purposes will have an automatic rush fee added for all types of web, print or multimedia designs. Generally we do not accept rush jobs at all, booking time for projects in a serious agreement and we will always do our absolute best to promise your job to be started and finished at an agreed to time. If you have an emergency and we agree to push other clients aside to complete your job ahead of regularly scheduled jobs of which deposits have already been left for, there is a mandatory rush fee to cover the extra hours we will have to stay in order to get your job done. We reserve the right to refuse accepting rush jobs, and generally we do not. Under extremely special circumstances we will make all acceptions if we understand your emergency and you agree to compensate us for our time.

Late Payments & Returned Check Fees. All outstanding invoices that are 30 days past due will be subject to a late fee of 10% of the total amount due or $25.00, which ever is greater. The fee will be imposed for each billing cycle that the Invoice is outstanding. There is a $25.00 fee on all returned checks.

Sales Tax.  The Client shall pay any sales tax, use, or other transfer taxes that may be applicable to the services provided in this project.

Ownership.  All drawings, artwork, specifications, and other visual presentation materials remain the property of MoeGraphix Design Studio to show in printed or online portfolios for the length of the lifetime of MoeGraphix Design Studio. All preliminary concepts and visual presentations produced by MoeGraphix Design Studio remain the property of MoeGraphix Design Studio and may not be used by the Client without the written permission of MoeGraphix Design Studio. Final artwork and concepts may not be given to other artists to alter, reproduce or post online in any way without express permission of MoeGraphix Design Studio.

MoeGraphix Design Studio shall retain all artwork, drawings, and specifications, for which reproduction rights have been granted for a specified period from the date of the signing of this Agreement. Upon expiration of this period, usually lifetime of client, all such materials may be destroyed unless the Client has requested, in writing, that they be retained and agrees to pay reasonable storage charges. The Client shall have reasonable access to all such materials for the purpose of review. The specified time for the Designer to retain such materials shall be two years.

Credit. The Designer shall have the right to include a credit line with live link to MoeGraphix Design Studio’s website on any website developed by MoeGraphix Design Studio at the very bottom of each page or in any publication of the design by the Client. The Client shall not, without written approval, use the Designer’s name for promotional or any other purposes with respect to these designs. 

Termination.  Either party may terminate this Agreement upon giving written notice to the other as specified below. Upon termination the Designer may retain any initial payment and the Client shall pay the Designer for all hours expended on the Project, up to the date of termination, at the Designer’s standard rates together with all other amounts due hereunder.

Refunds.  Once a project has been designed in full according to the agreed upon project, no refunds are given after design has been approved. If more than the agreed upon number of layouts is provided along with revisions, no deposit is refunded. If print color is poor, your order will be reprinted for you at no cost. Refunds for shipping and printing are not given.

Timelines. After deposit is given and project has been outlined, we will provide you will an estimated turnaround time. For websites, this turnaround time is from the date we have ALL CONTENT FROM YOU. Without content from you, the design job can not be fully understood or planned out. If you decide to take a break from the project without informing MoeGraphix Design Studio, and then pop back up a month later, we can not guarantee you will still be first in line for design work. We will do out best to work you back into the schedule as time permits. Clients that disappear longer than 2 months, the project will be cancelled.

Maintenance/Storage. After completion of a website project, maintenance is billed at an hourly rate of $50 for graphic design and $75 for web design. Any Client, after their project is finalized and complete, returns and requests a reprint/duplication/CD-Rom of any print design material or multimedia will be charged a $25 maintenance fee. We regularly store and frequently backup all digital files of all our projects for returning customers.

This Agreement shall be governed by the Law of the State of California, which is the place of business of MoeGraphix Design Studio.