Wufoo
General Terms & Conditions
Tangerine Cafe Design Group
A link to these terms & conditions has been stated on your proposal. We recommend that you choose to send a copy of these terms & conditions to yourself for your records by clicking the button below.
If you do not submit this form, a copy may be sent to you upon request or by the request of your account manager.
No signature is required.
Submitting this form is not required.
By making payment AND/OR proceeding with any project, you are accepting the estimate and the following terms and conditions
(see below)
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CODE OF FAIR PRACTICE:
The Client and Tangerine Cafe Design Group and its Artists agree to comply with the provisions of the Code of Fair Practice.
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ORDER FORM AGREEMENT AND PAYMENT:
By beginning this project, you are agreeing to these terms and conditions. No signature is required to agree to these terms.
The project will progress as follows.
1) Tangerine Cafe Design Group will secure a down payment in a said amount. This will cover expenses including, but not limited to the following:
- order processing (admin)
- creation and development time
- intellectual and proprietary materials utilized in developmental stages and this deposit is non-refundable.
2)Project progress and feedback process
3)Preliminary feedback approval.
4)Formal Approval via website
5)Project balance due upon approval
6)Project Delivery
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TIME FOR PAYMENT:
A deposit is due upon acceptance of the project, before the project can begin.
The balance of the total project due is required upon approval of the project and before project delivery.
Final invoices are payable within 30 days of receipt. A 1.5% monthly service charge is payable on all overdue balances. The delivery of the project, and grant of any license or right of copyright is conditioned on receipt of full payment.
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DEFAULT IN PAYMENT:
The Client shall assume responsibility for all legal & collection of legal fees necessitated by default in payment.
The initial deposit is non-refundable and does not include final usage rights, which will be released ONLY upon receipt of final payment. Customer's final product will be made available and usage rights will be granted upon final approval and payment.
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ESTIMATES:
The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when an invoice is rendered. The Client's approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more.
Important Note: there are different types of estimates
• FLAT RATE ESTIMATES:
These estimates are sent as a flat rate with set project specs. If the project exceeds this rate due to spec changes, the client will be notified and it will need to be changed to an open ended project.
(This type of estimate work best with standard types of jobs, repeat jobs, or projects that have preliminary estimate work attached to them.)
• TIMED PROJECTS: a timer is kept within the project lightbox showing the time spent. At the end of the project, the client will be billed for the total time at the said hourly rate.
(This type of estimate works best with repeat clients that hire his/her artists the way they would "in-house" designers. The designer will work with the client as needed and notify the client when a set budget (if applicable) is being approached.)
• OPEN ENDED PROJECTS: This is a combination of the two estimate types. In this estimate, the artist and client will determine an estimated cost based on project spec, and the artist will do his/her best to meet this goal. However it is noted that without preliminary estimate work, this estimate may not be accurate and additional time may be necessary. A timer is kept within the project lightbox showing the time spent. The client will be notified when approaching the set budget and can choose to close the project as-is, or continue on with the project at an additional hourly rate. At the end of the project, the client will be billed for the total time at the said hourly rate.
(This type of estimate works best with clients that have a rough idea of their needs, or want to try to get a deal on a project. If the artist can meet the estimate, the project cost may be lower. If it is not possible, the project has the possibility of running over. At the end of the project, the client will be billed for the total time at the said hourly rate.)
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ADMIN FEE:
All invoices are processed through Tangerine Cafe Design Group and a 4.5% admin charge is added to all invoices. This charge covers general processing, credit card processing and invoicing.
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CHANGES & REVISIONS:
The Client shall be responsible for making additional payments for changes requested by the Client to the original assignment. However, no additional payment shall be made for changes required to conform to the original assignment description unless made after final approval of the project.
The Client shall offer Tangerine Cafe Design Group and its Artists the first opportunity to make any changes to a project, however Tangerine Cafe Design Group is not obligated to accept any such assignment.
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EXPENSES:
The Client shall reimburse Tangerine Cafe Design Group or its Artists for all expenses arising from this assignment, including payment of any sales taxes due on this assignment, and shall advance this payment to Tangerine Cafe Design Group or its Artists for payment of said expenses.
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CANCELLATION:
The Client can choose to terminate the project at any time. In this event, additional charges may be collected by Tangerine Cafe Design Group. The Client will then retain no rights to any of the design work, illustration, photography or other art Tangerine Cafe Design Group has completed for them. Tangerine Cafe Design Group and its Artists then retain full ownership of all work completed on the project to use in any application. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Tangerine Cafe, and a cancellation fee for work completed, based on the contract price, amount of goods completed and expenses already incurred, shall be paid by the Client. (estimated: 25-50% during sketch/concept stage, 50% after sketches/concept stage, and 100% after final/near final art)
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OWNERSHIP & RETURN OF PRELIMINARY ARTWORK/REFERENCE MATERIALS:
Tangerine Cafe Design Group and its Artists retain ownership of all preliminary artwork, and the Client shall return such artwork and reference materials within 30 days of use unless otherwise negotiated. Any loss or damage to artwork, whether preliminary or final, will incur an additional charge to the Client.
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SAMPLES PROVIDED BY CLIENT:
At the close of the project, Tangerine Cafe Design Group will receive from the Client a minimum of two (2) samples of the final piece unless otherwise negotiated.
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CREDIT LINES:
Tangerine Cafe Design Group and its Artists shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it will be negotiated in proposal.
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RELEASES:
The Client shall indemnify Tangerine Cafe Design Group and its Artists against all claims and expenses, including reasonable attorney's fees due to uses for which no release was requested in writing or for uses that exceed authority granted by a release.
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COPY & TEXT, CONTENT OR OTHER USE WITHIN THE PROJECT:
The Client will provide Tangerine Cafe Design Group and its Artists with all copy necessary at the beginning of the project in an editable text format (e.g. MS Word, Email body). The Artist will copy/paste this copy into the project and is not responsible for errors within this text or for writing original copy. If copy is to be edited by Tangerine Cafe Design Group or its Artists for any reason, the Client shall proof read this and ALL text before approval. Tangerine Cafe Design Group and its Artists are not responsible for errors within this text or writing within this copy.
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APPROVAL & FEEDBACK:
Upon Client's approval of the project, Tangerine Cafe will secure final payment and then transfer usage rights to the Client. During the project, the Client will provide the Tangerine Cafe Design Group and its Artists with comments, feedback and approval in a timely manner. If the Client does not comply and the job remains idle for more than one (1) week the project may need to be rescheduled and/or killed. (See clause CANCELLATION)
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MODIFICATIONS:
Modification of the Agreement must be written, except that the invoice may include, and the Client shall pay fees or expenses that were orally authorized in order to progress promptly with the work.
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REVISIONS & DELIVERY:
Revisions are generally made in 1-2 business days depending on the project services ordered. The final product will be sent in 1 business day upon the receipt of both the approval form and final payment. The Client can choose to have the files sent on a CD/DVD archive or by electronic means (when available due to file sizes).
Any delivery dates given are estimates and are not guaranteed.
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UNIFORM COMMERCIAL CODE:
The above terms incorporate Article 2 of the Uniform Commercial Code.
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WARRANTY OF ORIGINALITY:
The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis by the Client or other means; that all work or portions thereof obtained through the undersigned from third parties is original, or if previously published, that the consent to use has been obtained on an unlimited basis; that Tangerine Cafe Design Group or its Artists has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to uses that the Client or others may make of Tangerine Cafe Design Group or its Artists' product that may infringe on the rights of others. Client expressly agrees that it will hold Tangerine Cafe Design Group and its Artists harmless for all liability caused by the Client's use of the Artist's or Tangerine Cafe Design Group's product to the extent such use infringes on the rights of others. The Tangerine Cafe Design Group and its Artists will present artwork to the Client for approval. The final approval must be made by the Client and upon approval the accuracy of the information is the responsibility of the Client.
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COPYRIGHT:
Tangerine Cafe Design Group and it's Artists do not provide guarantee of copyright to customer. Customer assumes responsibility of obtaining Trademark or Copyright of any material created by Tangerine Cafe Design Group and its Artists. Neither Tangerine Cafe Design Group nor the Artist assume liability in the event that Client is unable to obtain Trademark or Copyright of said material for any reason.
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LIMITATION OF LIABILITY:
Client agrees that it shall not hold the Tangerine Cafe Design Group or its agents, artists or employees liable for any incidental or consequential damages that arise from the Artist's failure to perform any aspect if the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Artist or a third party
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ARTISTS:
There are 2 types of artists at Tangerine Cafe. Key members and members. Each is chosen due to their skill and credibility. All artists are independents and this contract is between the artist and the client. Project manager and account managers will oversee each project to ensure quality and service.
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VENDORS:
Tangerine Cafe Design Group will recommend printers, web hosts, and other such service providers to meet your project needs, however Tangerine Cafe Design Group is not affiliated with any of these vendors . We will not be held liable for pricing/production issues with these suppliers.
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DISPUTE RESOLUTION:
Any disputes in excess of the maximum limit of small claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of the Artist.
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ACCEPTANCE OF TERMS:
Any breach in this contract may result in termination of the project and/or the client relationship. Charges may apply.
Tangerine Cafe will not begin any project without receiving acceptance of our Proposal & Terms and/or a down payment (as described in the proposal). In the event that Tangerine Cafe Design Group receives verbal agreement and/or payment for any project, a copy of this agreement may be sent to the client upon request of the client or Tangerine Cafe Team.
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