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[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.21.0″ background_color=”#FDEADB” global_colors_info=”{}”][et_pb_row admin_label=”row” _builder_version=”4.21.0″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” width=”55%” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Text” _builder_version=”4.21.0″ header_3_font=”||||||||” background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n
I\u2019ll always do my best to fulfill your needs and meet your expectations. But it\u2019s important to have things written down so we both know what\u2019s what, who should do what and when, and what will happen if something goes wrong. I want what\u2019s best for both parties, now and in the future.<\/p>\n
All design work created by Kelly Forbes\u00a0of Orange Pepper Design (OPD) is subject to the following terms and conditions. Please read the following agreement carefully. If something does not align with your vision of how we\u2019ll work together, please contact me\u00a0for clarification prior to booking your project so we may discuss how to move forward.<\/p>\n
[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.21.0″ background_enable_color=”off” global_colors_info=”{}”][et_pb_row column_structure=”1_2,1_2″ use_custom_gutter=”on” gutter_width=”3″ admin_label=”row” _builder_version=”4.21.0″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” width=”55%” global_colors_info=”{}”][et_pb_column type=”1_2″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Text” _builder_version=”4.21.0″ header_3_font=”||||||||” background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ global_colors_info=”{}” sticky_enabled=”0″]<\/p>\n
By booking your project with Orange Pepper Design, you as a Client are automatically entering a legally binding contract for services and are agreeing to these Terms and Conditions.<\/p>\n
Quotations for Services with OPD are generated on the basis of the brief agreed upon and provided by the Client and expected time investment by OPD, and may change if additional work is required. Quotes provided are valid for thirty (30) business days, whereby following the expiry such date, OPD reserves the right to amend prices. No quoted service delivery dates are guaranteed, and can vary.<\/p>\n
Designer will provide the services identified in the Design Proposal. Designer will provide these services in a professional manner, and in accordance with applicable professional standards. Designer agrees to maintain high-level ethics and standards of behavior.<\/p>\n
Client agrees to pay the total amount for the scope of work selected by Client in the Design Proposal. Initial deposit secures the project into Designer\u2019s schedule and is non-refundable once the design process has commenced.<\/p>\n
Any remaining balance is payable before release of final files. Any additional charges (stock images, non-standard typefaces, printing etc.) are due at the time they are incurred and must be paid for upfront. Alterations outside of the Design Proposal are charged at an hourly rate.<\/p>\n
Payments are due seven (7) days from invoice date, unless otherwise arranged. An 18% annual service charge will be billed against overdue invoices\/late payments monthly.<\/p>\n
Client shall assume responsibility for cost outlays by Designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.<\/p>\n
Designer may choose also to cancel the project immediately and suspend work until payment is received (including stopping ongoing work, removing unpaid material, and taking down the website).<\/p>\n
The design fee includes the specified number of revisions in the Proposal. Additional revisions or alterations are charged hourly. Designer will make every attempt to communicate if the project or client requests are headed outside of original scope so costs can be discussed prior to additional work.<\/p>\n
The costs cited in the Design Proposal are based on the information provided by the Client. If additional information is forthcoming or the project specifications change, the estimated Design Costs may change. Such changes can include, but are not limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after client approval has been given for a specific stage of the project, including but not limited to concept, design, composition, development and production.<\/p>\n
A \u201cChange Request\u201d is any request for work outside the scope of the Design Proposal inclusions list and approved Design Proofs. If Client informs Designer of changes or new ideas which need to be accommodated, Designer will notify Client if it is a Change Request. If Client still wants to proceed with the Change Request, Designer may submit a new proposal to Client. Designer may also extend the delivery schedule to accommodate changes.<\/p>\n
In the case of urgent changes to the project scope that need to be carried out right away, Client can request and approve an oral quote in order for Designer to start work on urgently needed changes.<\/p>\n
Client shall reimburse Designer for all additional and approved expenses arising from this project. Designer will provide a separate estimate which will be billed as Additional Expenses to Client. This may include, but is not limited to the following:<\/p>\n
\u2013 Photography, photographic art direction
\u2013 Stock photography searches\/image purchases
\u2013 Print production (film, plates and printing)
\u2013 Digital image manipulation or retouching
\u2013 Copywriting editing or text inputting
\u2013 Web hosting
\u2013 Domain registration
\u2013 Animation
\u2013 Illustration
\u2013 SEO Research and implementation<\/p>\n
Designer may purchase or license from third party vendors materials used in Client\u2019s project (including source code, work-up files,\u00a0software programs, fonts, photographs, illustrations etc.). Where Designer licenses such material, the intellectual property rights in the licensed material remain the property of the third party vendors.<\/p>\n
Designer will make every reasonable effort to ensure the accuracy of the material produced, Designer is not responsible for any spelling, grammatical, typographical errors, omissions or incorrect information in the final product. It is the Client\u2019s responsibility to thoroughly check all proofs and give their approval via email before the final work will be released to the Client and\/or sent to prior to production.\u00a0Designer will not be held accountable for any Additional Costs incurred if the project has to be reproduced due to errors in the final proofs approved by Client. Any changes that are required post approval will incur an additional design fee to cover the time it takes to make the changes.<\/p>\n
Please note there may be\u00a0color variation between the screen and final product. This occurs due to differences in the way colors are managed on the screen (RGB) and print (CMYK). Screen proofing is not indicative of the final print result, printed colors can vary between printing companies, jobs and different print runs. Designer will not be responsible for any color variations on printing as these factors are beyond control.<\/p>\n
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Client or Designer may cancel the contract at any time if the design work\/relationship is thought to be unsatisfactory by either party. Written confirmation is required for any cancellation. The deposit is non-refundable once the design process has commenced, this is deemed to have occurred on receipt of a completed design proposal and agreement on the design quote from the client and once sketching or designs have started. If a design project is canceled by the Client prior to project completion a pro-rata payment may be applicable on any project that is more than 50% complete (as determined by Designer) for time spent on the project before the cancellation notice was received.<\/p>\n
If Client remains inactive or does not respond to Designer within 30 days for any reason, Designer has the right to terminate the project and bill for all work completed to date and no refunds will be given. This includes not providing information, instructions, materials, deliverables or anything else necessary for the project to proceed.<\/p>\n
In the event of project cancellation Designer retains ownership of all copyright and usage rights to the artwork and therefore it cannot be reproduced by anyone else.<\/p>\n
When Designer receives final payment, copyright is automatically assigned as follows: Client owns the final deliverables that Designer created for Client for this project. Work includes only the final, deliverable art, and not any preliminary work or sketches. Designer retains the rights to preliminary concepts, sketches and works in progress, and project raw files (except those specified in the Design Estimate), whether the project is completed or cancelled. If Client requires access to project raw files a separate estimate will be provided.<\/p>\n
The rights granted to Client are for the usage of the Final Design in its original form only. All supplied artwork can only be used for its intended purchase, and must not be altered. Software and fonts used for the project remain the property of Designer and will not be released to Client.<\/p>\n
Designer retains authorship rights to display all aspects of work created, including sketches, work-in-progress designs and the completed project on websites, social media, magazine articles, books, galleries, exhibitions, for promotional purposes such as design portfolio and marketing materials (unless otherwise agreed upon before delivery of the work, or there is proprietary or confidential Client information in the work). Likewise, Designer may publicly describe its role in the Project.<\/p>\n
The Client agrees to indemnify and hold the Designer harmless against any and all claims, costs, expenses and attorney\u2019s fees, due to materials included in the Design at the request of the Client for which no copyright permission or privacy release was obtained, or for which uses exceed the uses allowed pursuant to a permission or release.<\/p>\n
Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Designer for inclusion in the designs are either owned by Client, or that Client has permission to use them.<\/p>\n
Designer will take all care to create a unique and individual design for Client, however Designer cannot be responsible for claims\/actual breaches of trademark. Designer recommends Client conducts a thorough search of trademarks used by competitors and relevant competitors available.<\/p>\n
Logo files are supplied electronically to the Client in print and web-friendly formats. Print files will be supplied as high resolution PDFs with crop marks and bleed. If other file types are required please specify when asking for a quote, if unsure of file type requirements please explain your planned use.<\/p>\n
It is recommended that you download and store any files sent to you in your own secure Cloud storage system. Any links to files sent to you are temporary and purely for you to gain access to your files. After 30 days there will be a $45.00 fee to resupply files\/links. After 1 year the fee increases to $90.00.<\/p>\n
Both Parties agree to not take any actions, make any statements, whether oral or in writing, that negatively impact the other party\u2019s business, services, products, or reputation.<\/p>\n
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.<\/p>\n
Designer makes no guarantees about the results Client may obtain from working with Designer. Client agrees that any statements made by Designer regarding potential outcomes are opinions and are not binding on Designer. The results Client experiences will be dependent on many factors including but not limited to Client\u2019s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and\/or Designer may not be able to anticipate.<\/p>\n
Both Designer and Client warrant that they have full authority to enter into this Agreement. Designer warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards. Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement.<\/p>\n
Thank you for taking the time to read these terms and conditions. If you have any queries please get in touch with Kelly.<\/p>\n
Updated: May 2023.<\/p>\n
[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=”1″ fullwidth=”on” disabled_on=”off|off|off” _builder_version=”4.18.1″ _module_preset=”default” global_colors_info=”{}”][et_pb_fullwidth_image src=”https:\/\/orangepepperdesign.com\/opd\/wp-content\/uploads\/2022\/10\/texture-border.png” alt=”texture border” title_text=”texture border” admin_label=”stone color texture” _builder_version=”4.20.4″ _module_preset=”default” box_shadow_style=”preset6″ box_shadow_vertical=”10px” global_colors_info=”{}”][\/et_pb_fullwidth_image][\/et_pb_section][et_pb_section fb_built=”1″ disabled_on=”off|off|off” admin_label=”Rust Section” _builder_version=”4.21.0″ _module_preset=”default” background_enable_color=”off” use_background_color_gradient=”on” background_color_gradient_stops=”#8c1c00 0%|#da522f 100%” custom_padding=”20px||20px||false|false” global_colors_info=”{}”][et_pb_row custom_padding_last_edited=”off|desktop” _builder_version=”4.21.0″ _module_preset=”default” custom_margin=”||||false|false” global_colors_info=”{}” width__hover_enabled=”off|desktop” custom_padding__hover_enabled=”off|desktop”][et_pb_column type=”4_4″ _builder_version=”4.20.4″ _module_preset=”default” background_color=”RGBA(255,255,255,0)” custom_padding=”||||false|false” global_colors_info=”{}”][et_pb_text admin_label=”Header” _builder_version=”4.21.0″ _module_preset=”default” header_font=”|300|||||||” header_text_color=”#F9A671″ text_orientation=”center” background_layout=”dark” custom_margin=”||||false|false” global_colors_info=”{}”]<\/p>\n
[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.21.0″ background_enable_color=”off” global_colors_info=”{}”][et_pb_row admin_label=”row” _builder_version=”4.21.0″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” width=”45%” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Text” _builder_version=”4.21.0″ header_3_font=”||||||||” background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n
Your privacy is important. OPD respects your privacy and personal details.<\/strong> Any information supplied to OPD during the design process will be solely used for that purpose and not disclosed to any third parties without written consent of the client. Your email address will be added to the OPD mailing list in order to keep you up-to-date on OPD availability around busy periods. You are welcome to unsubscribe from this list at any time.<\/p>\n Orange Pepper Design collects personal information from you, including information about your:<\/strong><\/p>\n I collect your personal information in order to:<\/strong><\/p>\n Providing some information is optional. If you choose not to enter your name or email address, I will be unable to provide information on my services. I will keep your information safe by storing it in a password protected computer and secure cloud storage system. I will not pass on your information unless I have received prior consent from you.<\/p>\n You have the right to ask for a copy of any personal information held about you, and to ask for it to be corrected if you think it is wrong. If you\u2019d like to ask for a copy of your information, or to have it corrected, please email Kelly.<\/p>\n Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.<\/p>\n This website may contain links to third-party web sites or services that are not owned or controlled by Orange Pepper Design.<\/p>\n OPD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. OPD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.<\/p>\n We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" Terms & ConditionsI\u2019ll always do my best to fulfill your needs and meet your expectations. But it\u2019s important to have things written down so we both know what\u2019s what, who should do what and when, and what will happen if something goes wrong. I want what\u2019s best for both parties, now and in the future. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"nf_dc_page":"","_et_pb_use_builder":"on","_et_pb_old_content":"\r\n Suggested text: <\/strong>Our website address is: https:\/\/orangepepperdesign.com\/opd.<\/p>\r\n\r\n Suggested text: <\/strong>When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor\u2019s IP address and browser user agent string to help spam detection.<\/p>\r\n\r\n An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https:\/\/automattic.com\/privacy\/. After approval of your comment, your profile picture is visible to the public in the context of your comment.<\/p>\r\n\r\n Suggested text: <\/strong>If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.<\/p>\r\n\r\n Suggested text: <\/strong>If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.<\/p>\r\n\r\n If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.<\/p>\r\n\r\n When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select \"Remember Me\", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.<\/p>\r\n\r\n If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.<\/p>\r\n\r\n Suggested text: <\/strong>Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.<\/p>\r\n\r\n These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.<\/p>\r\n\r\n Suggested text: <\/strong>If you request a password reset, your IP address will be included in the reset email.<\/p>\r\n\r\n Suggested text: <\/strong>If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.<\/p>\r\n\r\n For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.<\/p>\r\n\r\n Suggested text: <\/strong>If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.<\/p>\r\n\r\n Suggested text: <\/strong>Visitor comments may be checked through an automated spam detection service.<\/p>\r\n","_et_gb_content_width":"","footnotes":""},"class_list":["post-3","page","type-page","status-publish","hentry"],"yoast_head":"\n\n
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Embedded content from and links to other websites<\/h4>\n
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