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Terms and Conditions

By utilizing my (Dave Kirkpatrick) Website (https://5pointdigital.com), design services and/or submitting a project via e-mail, you ("the CLIENT") agree to the Terms and Conditions of Use ("TERMS AND CONDITIONS") as outlined on this Web page. Please acquaint yourself with these TERMS AND CONDITIONS before submitting any request for graphic design or Website development ("the PROJECT"). If you do not accept these Terms and Conditions, you may not use my Website. By submitting a project via any submission form on this Website, you must agree to these terms by selecting a check box on that form confirming you accept these Terms and Conditions. In the context of these TERMS AND CONDITIONS, preliminary designs ("PRELIMINARY DESIGN(s)") refers to the first set of concept(s) presented to the CLIENT by me as part of the PROJECT. In the context of these TERMS AND CONDITIONS, design revisions ("REVISION(s)") shall refer to changes to PRELIMINARY DESIGNS and/or new artwork, within the original client brief for that PROJECT, and after presentation of PRELIMINARY DESIGNS. In the context of these TERMS AND CONDITIONS, final designs ("FINAL DESIGN(s)") shall refer to the the graphic design or Website the CLIENT approved as completed artwork, and that which the CLIENT wishes to take delivery of, as well as obtain a copyright transfer for (if applicable).

Beginning a new logo/design project

1) I will begin creation of a corporate identity logo design (the PROJECT) upon receipt of a deposit from the CLIENT that equals no less than 50% of the full billable amount outlined in the PROJECT invoice. Projects may require a signed payment authorization or telephone payment verification before scheduling. Projects ordered as "Entry Level" Projects require full payment upon submission of client brief before project will be scheduled.

Completion of new logo/design project

2) Upon completion of the PROJECT, the CLIENT agrees to remit the remaining balance of the project fee within 5 business days. Upon receipt of this balance, I agree to transfer all electronic files relating to the PROJECT to the CLIENT via previously agreed to method of transmission. 5 Point Digital will transfer ownership of copyright to the client, in writing, at that time. 5 Point Digital retains the right to utilize ANY artwork, designs, edits, revisions and work product from the PROJECT in advertising, promotion and other, not-for-pay display. 5 Point Digital agrees to add a Trademark, Copyright or other ownership mark as may be requested by the CLIENT from time to time.

Copyright and/or Trademark

3) Due to the complexities of international copyright and trademark law, I will not be held liable should the CLIENT be found infringing on an already existing copyright, trademark or service mark relating to the PROJECT name, description or service. All artwork created during the PROJECT are original and are protected by United States copyright law.

Client supplied material

4) the CLIENT agrees that any digital material, including but not limited to, images, photographs, graphics, text and illustrations supplied by the CLIENT for inclusion, incorporation and/or addition into the PROJECT ("CLIENT SUPPLIED MATERIALS") are the property of the CLIENT, or that the CLIENT has taken the necessary steps to acquire permission of the legal copyright and/or trademark holder. the CLIENT agrees to supply me this permission, in writing, if requested. the CLIENT also agrees to indemnify me in the case that CLIENT SUPPLIED MATERIALS are found to infringe on the copyright, trademark or intellectual property claims of the legal owner of this material. Throughout the duration of the PROJECT, client warrants that any subsequent artwork supplied by the CLIENT is the property and/or copyright of the CLIENT, or the CLIENT warrants that they have taken adequate steps to acquire permission to use this material in the completion of the PROJECT from the legal copyright owner. If CLIENT is to supply any outside artwork and/or media, the CLIENT assumes full responsibility and indemnifies me should this artwork and/or media become the subject of any legal action or ownership dispute. I reserve the right to refuse to incorporate artwork and/or other media supplied by the CLIENT for use in the PROJECT, if it is my belief the use of such material is contrary to copyright law, and the CLIENT will not submit proof of ownership and/or permission or a specific waiver and indemnity for use of said material. If CLIENT supplies me with artwork, illustrations, photography, designs, composites, sketches, drawings, without copyright notice, or signed permission for use of said copyright, and if such copyright notice cannot be verified, I reserve the right to waive copyright ownership claim, and subsequent transfer of same to CLIENT as part of the PROJECT.

Payment and service terms

5) Once the PROJECT has been initiated and PRELIMINARY DESIGNS created, all retainer payments made by CLIENT become non refundable pursuant to the refund policies outlined here. If the CLIENT wishes to cancel the PROJECT before presentation of PRELIMINARY DESIGNS for the PROJECT, there will be a $45 administration service charge. If the CLIENT wishes to cancel the project after PRELIMINARY DESIGNS have been posted on the client access area, and before any REVISION requests have been made by the CLIENT or executed by 5 Point Digital, client may do so in writing. Such cancellation is subject to a $75 service fee (ENTRY) or a $150 service fee (PROFESSIONAL, GOLD and PLATINUM) bundles) which will be deducted from monies paid by CLIENT and 5 Point Digital will issue a refund for the remaining balance. After revision requests have been made by the client, and/or artwork revisions have been executed by 5 Point Digital, and in the unlikely event that 5 Point Digital cannot create a design that the CLIENT will approve of, the CLIENT may cancel the PROJECT in writing at any time. The project then becomes subject to a 'KILL-FEE'. This Kill Fee is an amount not less than 50% of the total amount of the PROJECT's TOTAL billable amount (Professional, Professional Plus, Gold, Gold Plus and Platinum design packages only). Any ENTRY LEVEL packages that are canceled after creation of and/or presentation to the CLIENT of PRELIMINARY DESIGNS are subject to a 'Kill Fee' that is the full amount of the package paid to date. After cancellation, client may, at their discretion, select one (1) design for finalization. Such finalization is subject to the terms of the original project; if the project is an Entry Level Project, no additional funds will be required. If the project is a Professional, Gold or Platinum project, such finalization is subject to the payment, by the client, of the remaining balance of the project. Once client has finalized project, and paid remaining balances, 5 Point Digital will prepare appropriate file formats of the final selection and deliver said material to the client, as per original agreement. If, after canceling in writing by the client, a final design is not selected within 30 days, nor remaining balance paid, all works related to project become the exclusive property of 5 Point Digital and the project shall be considered closed. After the project is closed, any additional work on project will be subject to my standard unarchiving fee. In the event of a ANY job or project cancellation, any artwork created remains the exclusive intellectual property and copyright of 5 Point Digital unless ownership of said property released in writing by 5 Point Digital and the remaining balance of the PROJECT's billable amount is remitted. Also, if the PROJECT retainer payment was submitted via any payment gateway, the PROJECT is also subject to a $65 administration and service fee should the project be canceled, for any reason, by the client, prior to approval and/or completion. Any billing dispute must be submitted to Dave Kirkpatrick.

Project Scope

6) No further changes in the PROJECT scope may be requested by the CLIENT, after PRELIMINARY DESIGNS have been presented. Such changes include, but are not limited to, company name and/or type of business. Such changes require a new PROJECT submission (project brief) and the creation of a new set of PRELIMINARY designs. REVISIONS (outlined in package details) of any PRELIMINARY design must be within the original scope of the PROJECT brief as submitted to 5 Point Digital, by the CLIENT, prior to presentation of PRELIMINARY DESIGNS. Any public publishing of PRELIMINARY DESIGNS or REVISIONS by the CLIENT, or if the CLIENT makes said Website available on the 'World Wide Web' (the INTERNET) through placing of any PRELIMINARY or REVISIONS artwork on a server other than 5 Point Digital preview server, and making this IP address available to Internet traffic, constitutes FULL acceptance of ANY and ALL material related to the PROJECT. Client agrees to pay ALL remaining balances at that time. Any further edits, or revisions to the PROJECT will be subject to additional hourly billings and/or charges to the CLIENT, as outlined in my current pricing lists.

7) In the course of the PROJECT, 5 Point Digital will remain in contact with the client regarding edits, revisions and scheduling. If the CLIENT fails to provide necessary feedback to 5 Point Digital regarding any edits and/or revisions within 28 days, the PROJECT may be subject to removal from my servers and placement in my STALE DATED database. Any STALE DATED project is subject to a $75 ($US) reactivation and unarchiving fee. This fee is at the sole discretion of 5 Point Digital On restart the PROJECT, any deliverables will be subject to the terms of the package originally ordered, but deliverables of said PROJECT will be subject to the most current version of the package as listed on my Website. If deliverables advertised in a manner other than my Website, vary from the details listed on my Website, the descriptions featured on or Website (www.thelogofactory.com) shall be considered correct.

8) If the CLIENT fails to communicate with 5 Point Digital regarding any initiated project for a period of more than 90 days, such project will be canceled, and any retainers or deposits shall be applied as a KILL-FEE as outlined elsewhere in this document. No further edits, revisions, file transmission or online image storage will be undertaken by 5 Point Digital after that date. Further activation of this project will be subject to new project activation, project submission, retainers and deposits as outlined in my current pricing schedules, unless specifically waived, in writing by an authorized representative of 5 Point Digital.

9) Further, if the CLIENT, after 60 days from project submission, and after initial preliminary designs have been displayed, wishes to alter original scope of project, as outlined in project submission forms, including, but not limited to, name change, type of business change, theme of business change, specifically requested illustration change, then such project shall be deemed a new project and subject to new retainer payments as per current pricing schedules. Previously paid retainers and/or balances shall be applied as KILL FEES to original project, and any new retainers and/or balances shall be applied to new project as requested by the CLIENT. Project 'work product' and unused material/designs.

10) All artwork, designs, edits, revisions and work product created in the PROJECT (other than the FINAL design accepted by the CLIENT as being the subject of this agreement) remain the exclusive copyright and intellectual property of 5 Point Digital Any use of this work project by the CLIENT and/or their assigns is strictly prohibited without written, prior permission by 5 Point Digital.

11) 5 Point Digital is NOT liable for any damages or expenses incurred by the client in the use of artwork created in the PROJECT by third parties, unless said third party is contracted by 5 Point Digital as a 'work-for-hire' vendor, or in direct professional consultation with 5 Point Digital Such consultation is subject to fees as agreed to by the CLIENT and 5 Point Digital. By contracting 5 Point Digital to create the PROJECT as outlined in these terms and conditions the CLIENT agrees to abide by the terms and conditions contained therein. For further information on any of my terms and conditions, please contact me.

Design Credits

Design Credits have no cash value and can only be utilized towards a design project by 5 Point Digital as a 'retainer' on new design project or as a credit that can be subtracted from the total charges of a design project. Any hourly credit must be used within 1(one) year of client receipt of final logo design files. Please note - due to copyright and ownership protocols, any remaining balance of project must be paid before any additional work, project or design containing finalized logo can be initiated, including additional design work that is included in the package ordered.

Terms and conditions specific to Logo Repair Packages

1) My Logo Repair Packages only include clean-up, rendering and formatting and do not include any design, preliminary design work or concepts. For a logo project requiring any of these design steps, please see one of my custom Logo Design Packages.

2) 5 Point Digital reserves the right to determine if a logo repair project qualifies for either a Basic or Complex repair. For assistance on your particular project, please contact my client support. As well, 5 Point Digital reserves the right to refuse any logo repair project if the source material (files, sketches and/or digital images) are not developed or rendered to a point that allows us to work from the submitted material. Once a Basic Logo Repair project has been initiated by client though submission of the appropriate order forms, all monies paid for said project become non-refundable unless;

2 a) if, before any design work has been initiated, 5 Point Digital determines that project submitted does not qualify for a Logo Repair project, the client, at their option, may submit a new Custom Logo Design project. Such submittal will be treated as a new project and can be submitted in conjunction with an adjustment of pricing, appropriate terms and conditions.

3) Before engaging 5 Point Digital for logo repair services, you must warrant that you have the rights to the artwork being repaired, and that use of such work, to the best of your knowledge, does not infringe on the copyright of others. As the original artwork is supplied by the client, 5 Point Digital does not claim, nor can I transfer, copyright of same for any artwork created during the performance of Logo Repair services. 5 Point Digital reserves the right to refuse any logo repair project if we believe that said project infringes on the Copyright and/or Trademarks of other parties. See my terms and conditions for more information.

4) Turnaround on design revisions is approximate and based on complexity of Logo Repair. The Stationery Design portion of any PLUS packages (stationery included) is delivered according to my standard Stationery Design Package turnaround schedules. Any Stationery Design concepts, layouts or presentations cannot be initiated until project logo has been approved by client.

Terms and conditions specific to 4 Hour Rush Render Packages

5) Timing: The 3 Hour time frame listed in my Rush Render Service refers to projects submitted before 12 noon (PST) and the delivery of preliminary designs within a 3 Hour time frame after such submittal. For any project submitted outside business hours (9 am PST to 530 PM PST) preliminary designs will be presented to client within three hours of the start of 5 Point Digital's next business day. For any Rush Render project submitted after 12 noon (PST), but within my standard business hours, preliminary logos will be presented within 3 hours of the start of next business day unless 3 Hour scheduling is available. Once a Rush Logo Render project has been initiated by client though submission of the appropriate order forms, all monies paid for said project become non-refundable unless:

6 a) if, for any reason, 5 Point Digital fails to deliver preliminary designs within the 3 Hours as listed above, we will 'downgrade' the project to an appropriate Logo Repair project (as listed in the project's Logo Assessment form) and will refund the client the difference in amounts paid for a standard logo repair or;

6 b) if, before any design work has been initiated, 5 Point Digital determines that the project submitted does not qualify for a Logo Repair project, the client, at their option, may submit a new Custom Logo Design project. Such submittal will be treated as a new project and can be submitted in conjunction with an adjustment of pricing, appropriate terms and conditions. Certain terms and conditions for multi-media and/or web design may vary.

I reserve the right to change or modify these terms and conditions without prior notice.

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