Terms & Conditions – Design Projects

1. Grant of Rights. Upon remittance of final balance, Tek-uniQue Graphics shall grant the Client full usage rights for the designed material. The Client shall be the owner of the designs but shall have the right to use these designs for their company only. In addition, the Client shall have the right to use assets supplied by Tek-uniQue Graphics only for their company. The html files, image files, animations, JAVA scripts, CGI programs, ALT Tags, and all related design elements supplied by Tek-uniQue Graphics may not be reproduced or used by the Client apart from their use as mentioned above. Tek-uniQue graphics reserves the right to use the designs or some of its parts for portfolio purposes after final delivery.

2. Reservation of Rights. Tek-uniQue Graphics reserves all rights not granted.

3. Client agrees to pay the following fees: Payments vary depending on project package or scope of project. Typically, initial payments will be required to commence work with the final payment due prior to delivery of final artwork. Visit our Services page for more information on pricing.

4. Additional Usage. If Client wishes to use the designs for any other means not mentioned within this Agreement, the Client shall seek permission from Tek-uniQue Graphics and pay an additional agreed upon fee.

5. Payment. Tek-uniQue Graphics shall invoice Client as monies are due and Client agrees to pay within 5 business days of receipt of each invoice. Failure to remit payment within the allotted 5 business days will suspend project progression until payment has been made. As a result, the project due dates will also be extended upon continuation of project.

6. Revisions. Tek-uniQue Graphics shall be given the first opportunity to make any revisions requested by the Client. If the revisions are not due to any fault on the part of Tek-uniQue Graphics and outside the allotted rounds of revisions, additional compensation shall be paid at $35 per hour.

7. Copyright Notice. Copyright notice for any Web Site designs shall appear in the name of the client’s organization, unless otherwise specified. Other copyrights, such as for photography, illustration, and music, shall be included as required.

8. Authorship Credit. Authorship Credit in the name of Tek-uniQue Graphics shall appear on any Web Site designs next to the copyright notice, along with Tek-uniQue Graphics’ web address. If Client alters the Web Site design in any way, Tek-uniQue Graphics shall have the right to remove Tek-uniQue Graphics’ authorship from the web site.

9. Right of First Refusal. Client is guaranteed the first opportunity to purchase any of the provided design concepts. Upon refusal, Tek-uniQue Graphics will retain full rights to the non-purchased concepts.

10. Cancellation. In the event of cancellation by the Client, the Client shall pay all expenses incurred by Tek-uniQue Graphics as well as fees based on the degree of completion of the design project. Cancellation may be made for any reason by the Client, but is subject to the terms mentioned.
In addition, the project will be deemed cancelled if the Client fails to remit payment for any monies due within 14 business days of due date. Upon continuation of any cancelled project, a new Agreement will be established between Tek-uniQue Graphics and The Client, and is subject to a Reopening Fee.

11. Client Responsibilities and Confidentiality. Client is expected to provide any and all assets, including but not limited to images, written text, music, hosting information, to be used in conjunction with the design project and shall be delivered to Tek-uniQue Graphics by a specified date, in electronic format (delivered on removable storage media or transmitted via internet). Such supplied assets will be in the required formats and ready for use. Client shall proofread and edit any content prior to delivery to Tek-uniQue Graphics. Any additional work needed to correct assets, file conversions, or scanning of text or images shall be billed additionally to the aforementioned fees. Tek-uniQue Graphics shall treat all assets supplied by Client, for the design project or development purposes, as confidential and neither disclosed to third parties nor used in any way other than for the development of the specified project. Upon completion of the project, Tek-uniQue Graphics shall return to Client the assets supplied by the Client.

12. Releases. The Client guarantees that it has the right to enter this Agreement and that Client owns or has obtained appropriate rights for any assets provided by the Client to Tek-uniQue Graphics. The Client shall indemnify and hold harmless Tek-uniQue graphics and its subcontractors against any and all claims, lawsuits, costs, and expenses, including reasonable attorney’s fees, arising in connection with the design projects. This indemnification shall extend to assets obtained by Tek-uniQue Graphics on the Client’s behalf if Tek-uniQue Graphics has secured either exclusive or nonexclusive usage rights.

13. Arbitration. Any disputes will be submitted to a binding arbitration before 2010, in the City of Chicago and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $5000 shall not be subject to this arbitration provision.

14. Miscellany. Neither this Agreement, any rights, or obligations hereunder shall be assigned by either of the parties, except that Tek-uniQue Graphics shall have the right to assign monies due by the terms of this Agreement. Both Client and any party on whose behalf Client has entered into this Agreement shall be bound by this Agreement and shall be jointly and severely liable for full performance as mentioned, including but not limited to payments of monies due to Tek-uniQue Graphics. The terms and conditions of this Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties; its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize additional fees and expenses orally. A waiver of a breach of any of this Agreement’s provisions shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. The relationship between The Client and Tek-uniQue Graphics shall be governed by the laws of the State of Illinois.

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