Below are Paper Patina, llc (“Paper Patina”, “we”, “us”, “the designer”) standard terms and conditions for all projects.Paper Patina and it’s associates have set forth these policies, terms and conditions to outline and communicate up front what we believe to be fair, equitable and reasonable for both sides of contractual obligations. If you have exceptions you wish to discuss, please do so at the beginning of the project otherwise your agreement at the commencement of any project, either by signature to a contract or email communication indicating you want to move forward with a project, constitute full and total agreement with these terms. Unless otherwise stated these policies form the basis of every/all contract/s between Paper Patina and our client/s. The policies, terms and conditions set forth are a result of Corrie Demmler working with clients over a period of 15+ years and are specifically designed to manage expectations and desired outcomes, explain intellectual property (IP) issues and protect both you “the client” and Paper Patina from unfair practices.

It is vital that you (“The User”, “The Client”) take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you agree to commence any project with Paper Painta. Please also note that from time to Paper Patina may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions in this document.

These conditions, which are construed under United States Law, are applicable to Paper Patina and should be read in conjunction with other documents and/or the correspondence comprising our quote/invoice, which are emailed to you as a PDF document.

As a user of the paperpatina.com website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this Site without our express prior written consent.

Communication With Paper Patina

Paper Patina can be reached by telephone, however we do not agree to take any creative direction alterations of scope or another legal or contractual obligation via telephone. All communicatins that are legally binding must be in writing via email.

The majority of designer/client communication is normally via email, which assists all parties to keep track of correspondence. Paper Patina does not take design instruction or changes via telephone.

All work requests must be in clear, concise writing, via email or via forms on our website. This means that “The Client” and Paper Patina can look back over emails for clarification if needed.

Client revisions should be, to avoid any confusion, in a single document or email (if possible), in a legible, easy to understand manner Changes sent through in 10 different emails in a disorganized or hard to understand manner will result in confusion on both sides and increase the chance of errors.

Commencement of work

These Terms and Conditions govern your access and use of the Paper Patina website at paperpatina.com. By accessing or using the Paper Patina website you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the Paper Patina website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions.

Agreement to work with, and submission of a design brief and payment of deposit to, Paper Patina, constitutes agreement to these terms and conditions. Please do not begin the design process if you have not read and understood your contractual obligation to these.

Intellectual Property Rights

Except for the copyright in these Terms and Conditions of use, Paper Patina, llc asserts copyright and all other intellectual property rights in this website, unless otherwise stated.

No information appearing on or linked to by this web site in which we have reserved copyright shall be reproduced in any form, adapted or transmitted in any form by any process, including electronic form, without our express permission.

Payment terms and Conditions

“The Client” agrees to pay:

• 50% non-refundable deposit of the quoted amount to commence the design project.

The project deposit is non-refundable, and if a project is cancelled by “the client”, for whatever reason, the deposit will serve as a cancellation fee, along with a prorata payment based upon the time spent if it exceeds 50% of the quoted work.

In the case of a change of mind by “The Client” this deposit is non-refundable. Paper Patina endeavours to provide graphic and web design services that meet and exceed a client’s needs and expectations, but in the even of a “change of mind” by “The Client”, the initial 50% deposit is forfeited and acts as a cancellation fee, plus a prorata payment based upon the time spent. The deposit is to ensure Paper Patina allocates time in the schedule to create work for “the client”.

All printing accounts must be settled in full prior to the release of the files to the printer and the files will be sent directly to “the client”.

Any account not paid within the time specified on the invoice will be liable for interest at the rate of 16% per annum and such interest will be added to the account (capitalized) at the end of each month and form part of the principal debt.

Any account outstanding for more than sixty (60) days, client(s) are liable to meet in full the seller’s debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.

No final artwork or files will be delivered until final invoices are paid in full. Payment by check will entail waiting for clearance before supply of files. Copyright is not transferred until all invoices are paid in full, with no exceptions.

Delivery consists of the following:

• supply of final artwork digital files to printer
• via email to nominated email account
• uploaded to nominated ISP (as in the case of web design and development)

Construction files (unused concepts, revision files, fonts, Photoshop layered files, Adobe Illustrator files) remain the property of Paper Patina

Project Duration and Client Response Time

“The client” agrees to provide timely responses to Paper Patina, LLC after receiving status notifications, work for review or requests for information.

The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, Paper Patina, LLC will deem the project complete. At such time, Paper Patina, LLC shall have no further obligation to the client, and the client shall pay Paper Patina, LLC all fees and expenses associated with the work performed.

Paper Patina, LLC will use all reasonable efforts to meet quoted completion dates. However, time is not the essence of the Contract and we will not be liable in cases of late reporting, however caused, nor shall lateness be deemed to be a breach of Contract or an act of negligence.

Client Professional Courtesy

Paper Patina, LLC takes pride in professional courtesy and manners and hope our clients do too. “The Client” agrees to behave through all communications in a professional, courteous and respectful manner towards designers and staff at Paper Patina, LLC. Any actions toward staff or designers at Paper Patina, LLC deemed by us as disrespectful, unprofessional, abusive, bullying or verbal/written cruelty on the part of “The Client” may result in a cancellation of the project and the deposit will serve as a cancellation fee, along with a prorata payment based upon the time spent if it exceeds 50% of the quoted work.

Actions that may result in cancellation of the project may include: insulting language, profanity, unwarranted criticism of the designer’s general ability, disrespectful comments, personal insults, swearing, flaming on social media sites, personal insults, threats not to pay for the work for unwarranted reasons, bullying behavior toward junior staff and general lack of respect. Please note: It would be extremely rare for Paper Patina, LLC to use this clause, and the client behavior would have to be extreme and affect other areas of our staff and designers’ work.

Design samples

“The Client” also agrees to allow Paper Patina, LLC to showcase any/all work created in the course of a project as part of Paper Patina, LLC portfolio, including unused concepts. Paper Patina, LLC acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commenced.

Fees for service

It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project. “The client: agrees to pay additional fees for work requested beyond the scope of the contract. Paper Patina, LLC will endeavour to inform you of this increase, but be aware that this may not always be possible and so it will appear on your final bill if you do request additional work.

Excess work

This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorized representative of “The Client”.

Changes to any Supplies completed (Author’s corrections) or part completed requested by the client or any other part beyond our control, will be charged to the Client on a time basis at of $75 per hour + applicable Texas sales tax.

Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.

Publication and/or release of work performed on behalf of the client by “Paper Patina” may not take place before cleared funds have been received.

Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.

In the case of time billed work, we keep very accurate logs of time on projects and these are provided in the client invoice.

Liability & Litigation

It is agreed that all work and materials provided for “The Client” by Paper Patina, LLC without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

Indemnity: “The client” agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including lawyers’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.

Approval of Final Artwork

While Paper Patina, LLC takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. “The Client” to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.

PRINT RETURNS AND REFUNDS

It is agreed that the Paper Patina, LLC is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. Paper Patina will not be help responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify Paper Patina, LLC of any such errors during the revision cycle and before the final files have been generated.

In the event of a need to reprint due to errors in content, the client must inform Paper Patina, LLC within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.

As with all print projects, payment for re-printed project MUST be prepaid.

Print – Color Variations

With all printing there may be some color variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Paper Patina.

Copyright & Granting of Rights

In accordance with US Copyright Law the production of any original design work automatically deems Paper Patina, LLC the author and therefore the owner of such work. Ownership pertains to all original electronic files only. “The Client” is entitled to use the design work for the purposes for which it was created. Any other usage not discussed will need to be negotiated. If original electronic files are required by the Company it must be negotiated with Paper Patina, LLC and will incur additional fees.

Paper Patina, LLC retains full ownership of design concepts and materials it produces in the course of a project. Once a final concept is delivered to a client and full payment for the entire package, unless otherwise states, is received, the final files will be transferred to the client and they will retain usage and ownership for purposes outlined in the project invoice. Upon full payment, the client shall be granted ownership/usage of the final artwork as specified in the original quote/invoice. If an invoice is outstanding for more that 60 days Paper Patina, LLC will place the item for sale on an image library or our website to recovered outstanding costs.

Unused concepts remain the property of Paper Patina, LLC who may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Paper Patina, LLC retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Paper Patina, LLC retains ownership of all artwork and website architecture. Paper Patina, LLC reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, color palettes and other non exclusive items.

Paper Patina, LLC reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.

Other than for the promotional use of Paper Patina, LLC all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by Paper Patina, LLC shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.

In accordance with the US Copyright law ‘licensing of copyright is subject to a mutual agreement made between client and designer’, copyright will remain property of Paper Patina, LLC until such time an agreement is in place. Paper Patina, LLC reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Paper Patina, LLC in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.

Any material supplied to Paper Patina, LLC by “The Client” in the project brief or duration of the project, shall be free of copyright restrictions, owned by or licensed to “the client” for use by Paper Patina, LLC for use course of the project. Paper Patina, LLC will not be liable for any intellectual property or copyright issues resulting from the use of client-supplied resources.

Goodwill

This proposal assumes goodwill from both Paper Patina, LLC and “The Client” regarding:

• What can reasonably be achieved in a given time frame
• Making best use of resources to achieve the most effective outcomes

Resending Uploading Files

If a client loses or accidentally deletes the files delivered by Paper Patina at the completion of the project, Paper Patina can re-upload to Drop Box, for a fee of $50 per request (+ tax if applicable).

Termination policy

From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Paper Patina. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by Paper Patina, LLC and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of $75 per hour plus applicable tax.

If a project is cancelled by Paper Patina due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the Paper Patina. We reserve the right to sell artwork to cover costs.

Website design post- completion alterations

Once web design is complete,“Paper Patina” will provide the customer with the opportunity to review the resulting work. “Paper Patina will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified by e-mail. “Paper Patina will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable of $75 plus applicable tax.

Confidentiality

It is agreed that employees of “Paper Patina” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.

Amendments to these Terms and Conditions

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client” and signed by an authorized representative of “Paper Patina” prior to the commencement of work outlined in this submission.

Disclaimer

Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such Paper Patina, LLC take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the Paper Patina, LLC cannot be held responsible for variations between expectation and outcome.

All information contained in this website is intended for general information purposes only. The information is provided by Paper Patina. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. Paper Patina, LLC will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Paper Patina, LLC has no control over websites that are linked to on this website. Those third party websites are under the control of their owners, and Paper Patina, LLC will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.

Thank you for taking the time to read, understand and determine your agreement to this document.