The terms and conditions stated here and listed below shall apply to all work performed by Creative Bearings, Inc. on behalf of the Client. Creative Bearings, Inc. reserves the right to refuse any work for any reason. By using this website, our services or merely taking our marketing advise, you are fully accepting the terms, conditions and disclaimers contained in this notice.

 

Payment is accepted via cash, check or credit card (through PayPal). A non-refundable deposit of 50% of the total estimate of the project is required before any design work can begin, with the remaining balance due upon completion of the design work. The Client will have the opportunity to approve additional charges should any occur as the work progresses. Payment in full will release completed design files for publication. Any account with a balance older than 30 days past the initial invoice date will be subject to compounding interest of 1.5% of the overdue balance per month.

 

Creative Bearings, Inc, at its sole discretion, may offer a full or partial refund or a discount to the Client under certain circumstances.

 

The Client, at their discretion, may terminate further work on a project. In such a case, all time spent on the project by Creative Bearings, Inc. will immediately become due and payable in full. The initial deposit of 50% of the design fee will not be refunded. Any 60-day span of non-communication from the Client can result in the project's cancellation. In this instance, the initial deposit of 50% will not be refunded. If the Client desires continuation of the project, a new deposit may be required at the current design rate.

 

Creative Bearings, Inc. strives to meet realistic deadlines set and agreed upon through clear communication with the Client, but turnaround always varies from project to project. The amount of time the Client takes to review a proof prior to requesting a revision or approving final artwork can and will greatly affect turnaround time. Excessive review time will alter agreed upon deadlines. If the Client has not provided text, photos, or any other content necessary for the completion of a design project within 14 days of delivery of the first design concept, the project will be canceled and subject to the conditions set forth in this document regarding canceled work.

 

A revision is any change whatsoever to a concept or design once it is presented. Creative Bearings, Inc. encourages the Client to take as much time as he or she reasonably needs (no more than 14 days) to deliver accurate feedback on a design. However, excessive review time will alter agreed upon deadlines. If Creative Bearings, Inc. is unable to contact the Client and the Client does not contact Creative Bearings, Inc. via e-mail within 60 days after a concept or revised layout has been presented, then the project can be canceled and may be subject to the conditions set forth in this document regarding canceled work. In this instance, the initial deposit of 50% will not be refunded. All revision requests must be submitted via e-mail. Although the client is welcome to request revisions over the phone, Creative Bearings, Inc. cannot guarantee accuracy of revisions unless the Client requests them via e-mail.

 

Creative Bearings, Inc. will not take responsibility for any copy or design errors committed on the part of the Client. The Client is encouraged to proofread all artwork carefully. In addition, Creative Bearings, Inc. is not responsible for incorrect dates or misspelled words in files submitted by Client or jobs approved by Client upon design completion. Under no circumstances will a refund or reprint be honored for an error in files submitted by the Client.

 

Creative Bearings, Inc. will not be held responsible for any loss or damage sustained by the Client as a result of the use of materials created or supplied by Creative Bearings, Inc, including fonts, stock photos, or any material supplied by a third party. All works created by Creative Bearings, Inc. will be considered approved for use by the Client prior to being released to the Client for use in any way. The maximum liability of Creative Bearings, Inc. under any circumstances shall not exceed the paid amounts relating to any respective order.

 

Acceptance of final artwork must be in writing and will represent the final stage of the work process. Any subsequent work requested by the Client in relation to the order will result in additional charges to the Client at the discretion of Creative Bearings, Inc. In this circumstance, the Client will be advised of any additional fees before the work is undertaken. By approving the final work in writing, the Client assumes all responsibility for the subsequent usage of the design.

 

When a project is completed per the Client's written approval and payment in full, Creative Bearings, Inc. will transfer files to the Client in .SWF, .JPG, .EPS, .PDF and/or .TIF formats, by mailing a disc to the Client or via electronic file transfer. Native (working) files ie: .AI, .PSD, .FLA, .ID and/or .PS files are not transferable and will not be furnished under any circumstances.

 

Any unique artwork generated by Creative Bearings, Inc. for the Client, belongs to the Client when payment in full is received. All work provided to the Client by Creative Bearings, Inc. is believed to constitute original work, and is prepared in good faith that it does not infringe on the rights of any other party. However, Creative Bearings, Inc. cannot provide an explicit or absolute guarantee that any specific works do not infringe upon existing third-party rights, whether inadvertently, by coincidence, or otherwise. The Client is hereby encouraged to further research, trademark or copyright the work through the legal process required in their location.

 

All preliminary work and materials produced by Creative Bearings, Inc. for the purposes of developing any work for the Client remain the sole property of Creative Bearings, Inc., not including previously copyrighted materials supplied by the Client. Any unauthorized usage of copyrighted materials created by Creative Bearings, Inc. will be actively pursued and prosecuted to the fullest extent of the law.

 

The Client unconditionally guarantees that any elements of text, photos, trademarks, or any other artwork furnished to Creative Bearings, Inc. for inclusion in any design project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Creative Bearings, Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

 

Creative Bearings, Inc. may wish to use examples of developmental or final completed work prepared for the Client as a part of our future marketing materials. Creative Bearings, Inc. may also wish to use relevant sections of correspondence attributed to the Client as reference or testimonial material. If the Client does not wish for examples of such design work, reference, or testimonials, to be used in said marketing materials, the Client must provide a written request for Creative Bearings, Inc. to refrain from using the examples, references, and/or testimonials. Creative Bearings, Inc. will acknowledge the Client's request and refrain from using the material. If the material has already been printed or presented on the internet in some form then Creative Bearings, Inc. will not use the material in future marketing materials. Any materials already printed or presented will remain in use.

 

All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source code connected with the website) are owned by or licensed to Creative Bearings, Inc. or otherwise used by Creative Bearings, Inc. with permission or as permitted by law. Content may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Creative Bearings, Inc., excluding the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.

 

 

In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual reasonable attorney's fees and reasonable associated costs, including expert witness fees.