CONTRACT

TERMS & CONDITIONS

Below are American Syndicate’s Terms & Conditions. Please take time to read through our Terms & Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from American Syndicate you agree to our Terms & Conditions and you are aware that you are entering a binding contract — payment is required. 

The below conditions have been construed under North Carolina Law and apply to all individuals, businesses or companies (Client/s) engaging the services of American Syndicate, its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.


GENERAL CONDITIONS OF CONTRACT

1. These Terms & Conditions cover all Contracts entered into by a Client with American Syndicate for services relating to design, printing, copywriting, visual media, mixed media, web sites, brand identity, illustrations, images and photography (Artwork)

2. These Terms & Conditions are only subject to change with notification by American Syndicate to the client with a 30-day grace period before term application.

3. These Terms & Conditions apply to American Syndicate and all of its contractors and subsidiaries. 


STANDARD BRIEF, VARIATIONS AND GUARANTEE

4. American Syndicate and the Client will attend a Standard Brief at no charge to the Client. This can be held via phone, internet, or in person. ‘Standards’ will be constructed through the collection of logos and designs. This will assist in the evaluation and formulation of the Client’s business design requirements. 

5. If no delivery date for final Artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in clause (11); the length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing.

6. American Syndicate offers a set number of revisions to logo Artwork under the original Standards - discussed in initial consultation of the Standards.

    1. American Syndicate will charge an hourly fee for additional revisions of logo Artwork provided that the Client’s requests for revision conform to the agreed upon concept ‘Standards’ and are communicated within the agreed timeline (if provided). 

7. Any additional work, revisions or variations outside of the original Standards will be charged at the rate of $100 per hour, billed in 30 minute increments. All prices exclude Sales Tax. Additional expenses will be charged accordingly.


QUOTATIONS

8. Quotations are generated by American Syndicate on the basis of the original Standards and expected time investment. Quotations may be subject to change if additional work is required.

  1. All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or physical delivery dates are guaranteed and may vary.


PAYMENT

9. American Syndicate requires a deposit of 50% of the total quoted price from the Client prior to starting work on their project or Artwork. An invoice will be generated and delivered to client via email and payment is expected. By relinquishing deposit funds to American Syndicate, the Client is accepting the Terms & Conditions and entering a contract with American Syndicate.

10. If a deposit is not requested, the Client is considered to accept the Terms & Conditions upon request of services/work from American Syndicate.  

11. American Syndicate will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of web site construction or printing. American Syndicate reserves the right to not proceed with these services until payment has been received in full from the Client.

12. American Syndicate reserves the right to invoice prior to the time detailed in clause (11) if the Client has been uncontactable / unresponsive for more than 30 days – refer to Cancellation & Variation Policy – clause (19)

13. American Syndicate reserves the right to invoice for work completed if the project exceeds 60 days.

14. American Syndicate reserves the right to request a payment plan which may be accepted by American Syndicate at its discretion. All payment plans must be agreed to both parties in writing.

15. All payments are to be made within 15 days of invoicing. The Client will incur all payment fees so that American Syndicate receives the full stated quote.

16. American Syndicate is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days. 

17. American Syndicate reserves the right to delete web sites with accounts more than 90 days delinquent. 


CANCELLATION AND VARIATION POLICY

18. American Syndicate reserves the right to charge additional costs if the Client requests amendments to the original Standards, the original project outcome is altered or further Artwork is requested – refer clause (5).

19. If the Client requests the cancellation of a Contract, American Syndicate will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date. 

a. If the determined monies payable is less than the deposit paid, a refund will be issued by American Syndicate to the Client for the difference. 

20. American Syndicate will declare a project completed if no response is received from Client within 30 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork. American Syndicate will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by American Syndicate to recover all monies owed. 


APPrOVING PROOFS / DESIGNS / PRINTING

21. The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required. 

a. The Client’s final accepted proof is the Artwork that will be submitted for prints and/or web construction. There will be no reprints or revisionary web development at our expense. Printout of Client proof is supplied at intended final print size (100%) to assist in confirming colors, design, bleed, size and type. 


SUBMISSION OF CILENT WORK

22. Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready Artwork with the correct specifications. We will print the Client’s submission as requested however American Syndicate is not responsible for Artwork mistakes. American Syndicate is also not liable for supplied file errors. There will be no reprints at our expense.

23. Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying Artwork.

24. It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate United States copyright laws. American Syndicate and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.


COPYRIGHT

25. Ownership of copyright over all concepts and draft Artwork remains with American Syndicate. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal. This means American Syndicate will not relinquish RAW image files, RAW video files, or native artwork drawings or files unless agreed upon separately.

For more information visit www.copyright.com  

26. Artwork designed will remain the property of American Syndicate until account is paid in full. Future re-print requests of the same Artwork will only incur a print management fee. 

27. Upon full payment of account, copyright ownership will be transferred to the Client. American Syndicate and their designers retain exclusive rights to utilize Artwork and all design elements for portfolio & commercial self-promotion indefinitely.


PRINTING

28. Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 5-10 working days dependent on the product type. This period commences at date of Client approval of Artwork proof and payment. 

  1. All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.

29. With all printing there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artworks. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.


DELIVERY

30. American Syndicate cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.


EXPENSES

31. The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses, including but not limited to Stock Photography, Artwork, Studio Time, Photoshoot related material and or material needed for the project.


WEB SITE DESIGN

32. The Client agrees to allow American Syndicate to add a small credit on the customer's website. This will be in the form of a small line of text placed towards the bottom of the page. 

33. The Client also agrees to allow American Syndicate to place websites and other designs, along with a link to the Client's site on American Syndicate’s own website for self-promotional purposes, unless agreed to by both parties in writing beforehand.


WEB SITE DESIGN POST-COMPLETION ALTERATIONS

34. Upon completion of web site build, American Syndicate will provide the Client with opportunity to review the resulting work. American Syndicate will make one set of minor changes at no extra cost within 14 days of submission to Client for review (‘review period’). 

35. Minor changes include small textual changes and small adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, color schemes or any navigation features. 

36. American Syndicate can be notified of any minor requested changes by e-mail. American Syndicate will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the review period.


SEO SEARCH ENGINE OPTIMIZATION & SEARCH ENGINE LISTINGS

37. American Syndicate builds web sites according to the trends of SEO at the time of building. We will help you to explore your key words/key phrases; however final key phrase choice is the responsibility of the Client. When the Client’s website is built within Squarespace American Syndicate will consult the client on the brief description required by Squarespace in lieu of key words/phrases.

38. American Syndicate cannot guarantee, and is indemnified by the Client against any claims regarding the following: presence of Google or search engine listing, the position of web site in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of key words/key phrases. 

39. If the Client is dissatisfied with web site listings, the Client can contact American Syndicate to arrange an evaluation of web site to explore SEO options at a new rate.

40. Relating to clause (25), American Syndicate take no responsibility for duplicate content found on the Clients website or if the website is search engine black listed due to the written content or images of their site.


TECHNOLOGICAL ADVANCEMENTS

41. The Client is to refer to hosting and domain name providers for queries regarding the following services:  Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting.

42. The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/ Junk, Email not functioning, and Email Signatures

43. American Syndicate does not provide the following services: Domain names, Hosting and registration, SSL certificates, Email addresses, Email hosting, Setup of email addresses, Emails errors of any kind and Email Signatures

44. American Syndicate holds no responsibility if your email addresses are targeted with spam as it is outside of our control. American Syndicate holds no responsibility if the Client’s email account details are attained and used to send spam or malicious material.

45. American Syndicate builds and design websites to the best of their knowledge at the time of completion. American Syndicate cannot take responsibility if the Client’s site is "hacked". American Syndicate does not provide software updates or take responsibility if the software used becomes out of date and obsolete. American Syndicate does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system. 


CMS CONTENT MANAGEMENT SYSTEMS

46. CMS Content Management Systems websites are delivered in an agreed working order. Any changes to the working files or configuration of the CMS that are done by a third party to American Syndicate are the responsibility of the site owner. 

47. Web sites are built using the latest software available at the time. All website terms & conditions also apply to CMS.

48. American Syndicate does not hold responsibility for any content posted on the client’s website. Any changes to the CMS after delivery will be charged accordingly. Any repercussions of the advancements in the CMS or server/hosting technology are not the responsibly of American Syndicate. 

49. American Syndicate does not hold any responsibility for misuse of the CMS or website.

50. American Syndicate does not back up web site content and cannot be held liable for partial or complete loss of data. It is the Client’s responsibility to back up their web site. 


FORCE MAJEURE

1. American Syndicate shall not be liable for any failure or delay in supply or delivery of Artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of American Syndicate including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.


AMENDMENTS TO THESE TERMS & CONDITIONS

52. All & any amendments to the Terms & Conditions outlined in this submission must be provided in writing and signed by an authorized representative of American Syndicate prior to the commencement of work.


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