The following Terms and Conditions of Service apply to all products and services provided by Elixir Creative, LLC and its agents (hereinafter referred to as Elixir Creative) to you – our Client.
All work is carried out with the understanding that both Client and Elixir Creative have agreed to the following terms and conditions, including additional terms documented within a Client’s individualized proposal, if such a proposal has been agreed to by the Elixir Creative and the Client.
Please note these Terms and Conditions take effect when the Client accepts a proposal, sends a purchase order in reply to an estimate, or makes a 50% down-payment on proposed services.
On request, Elixir Creative is happy to sign an additional contract or Non-Disclosure Agreement provided by the Client to further detail services provided.
General Graphic Design
If a choice of designs or products is presented and one is chosen for your project, only the chosen design or product is deemed to be given by Elixir Creative as fulfilling the contract. All other designs or products remain the property of Elixir Creative.
After the initial approval of Elixir Creative’s concept or core design, any major changes to structure or content that require changes to the concept or core design may incur additional charges.
Elixir Creative will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our design source files, including but not restricted to indd, psd, ai, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate fee.
Images should be supplied in an electronic format and are to be provided in a format as requested by Elixir Creative via e-mail, website upload link, or FTP. Images must be at 300dpi or higher for print, or 72dpi or higher for web. Elixir Creative will not be held responsible for any unacceptable image quality where no replaceable image is available, the Client has approved, and/or in which the Client later deems to be unacceptable.
Elixir Creative offers copywriting as a service. Copywriting will be proposed as a separate service and should not be assumed as an included or bundled service. For copywriting services, Client must provide a copywriting brief that clearly outlines the project requirements prior to getting started. Any additional work requested that isn’t covered in the original brief will be quoted separately.
Unless requested otherwise, the Client agrees to allow Elixir Creative to use the Client’s name and logo, and to place designs on Elixir Creative’s own website for portfolio purposes and to use any designs in its own printed portfolios.
Copyright is retained by Elixir Creative on all design work unless specifically released in writing and after all costs have been settled.
Website Design & Hosting
The Client agrees to allow Elixir Creative all necessary access and permission to all necessary materials, electronic, or otherwise, required to create and complete the project, including (but not limited to) permissions, usernames, passwords, and to supply them in a timely manner.
If Client does not use Elixir Creative hosting, Elixir Creative may request that Clients change the type of hosting account used if that account is deemed by Elixir Creative to be unacceptable for any reason.
Fees due to third parties for plugins, software, domains, or other costs are the responsibility of the Client. Elixir Creative is not responsible for these costs. If Client is hosted by Elixir Creative, some third party fees may be billed to the Client monthly or yearly as appropriate directly by Elixir Creative, however not all third party fees are billed this way. In the instance that the Client has chosen alternative hosting Elixir Creative is not liable for payment of third party costs, nor for the renewal of domain names; in this case these items are the sole responsibility of the Client / domain owner. If the Client manages their own domain, the Client is solely responsible for domain name renewal and fees associated.
Please note that if third party services are used, the Client is responsible to the terms and conditions of the third party. Elixir Creative will disclose to the Client what third party services have been used.
Elixir Creative cannot guarantee the availability of any domain name. Where Elixir Creative is to register a domain name on behalf of a Client it will endeavor to do so but the Client should not assume a successful registration until notified.
SEO – Due to the infinite number of considerations that search engines use when determining a site’s ranking, Elixir Creative cannot guarantee any particular placement nor offers any guarantee of SEO related services.
Design Charges & Payments
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent after the Concept & Feedback stage has completed and prior to Design & Fine-Tuning. The remaining fifty (50) percent of the project total will be due upon completion of the design work prior to release or order of materials and/or products.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the Client, not Elixir Creative. Elixir Creative will do its best to detail this on the initial proposal, however some items may be decided upon after the project has commenced. Elixir Creative will list any and all ongoing license fees in final summary and documentation at the close of the project design.
Cancellation of orders must be made in writing. If the cancellation is only related to design work (and not printed/published pieces) the Client is responsible for all design costs completed up to the time of cancellation. If the cancellation is post-design, and related to printed or published work (including web, apps, video), Elixir Creative will do its best to cancel the order. However the Client is responsible for any costs up to the time the cancellation is received by any external or third-party provider.
Returned checks or debit/credit insufficient funds charges against Elixir Creative will incur an additional fee of up to and not exceeding $65 per instance.
An account shall be considered in default if any portion remains unpaid for 30 days from the date of invoice unless other payment terms are agreed upon in proposal or Client contract. Elixir Creative shall be entitled to remove, pause, or revoke access to Client’s material from any and all computer systems, production schedules, social media, or similar until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine optimization, design and maintenance, printing services, and stock content (vectors, photos, videos, audio, etc). Removal of such services does not relieve the Client of its obligation to pay the due amount.
LEGAL DISPUTES – FEES, GOVERNING LAW, AND JURISDICTION
Clients agree to pay all Elixir Creative‘s reasonable attorney fees, accounting expenses, court and administrative costs, and third party collection agency fees in the enforcement of the debt and these Terms and Conditions. In the event of any dispute, Client agrees the dispute will be governed by the laws of the State of Wisconsin. Client further agrees Milwaukee County Circuit Court is the proper venue and jurisdiction for any dispute between Client and Elixir Creative.
Errors & Omissions
All creative work (i.e. logo, print design, web site, etc.) designed and published, printed or digitally hosted directly or indirectly by Elixir Creative will initially be delivered in test or proof mode. The Client has the ability to request modifications, accept as is with modifications, or accept and publish. After acceptance, the Client solely accepts liability in errors or omissions in content or design.
Please note that if a change request comes in after the initial approval, it is possible that a post-design order, print materials, or published work will need to be cancelled in order to make changes. Elixir Creative will do its best to cancel this order. However the Client is responsible for any costs up to the time of this cancellation.
The Client acknowledges that requirements of federal, state, and local laws, disclaimers (including Election Commissions, FDA, American Disability Act, etc.), and regulations are solely the responsibility of the Client. Elixir Creative will use reasonable professional efforts and judgment to correctly interpret and apply such requirements. Elixir Creative, however, cannot and does not warrant or guarantee the interpretation of such requirements.
Any indication given by Elixir Creative of a design project’s duration is to be considered by the Client to be an estimation unless a guaranteed completion date is agreed upon and detailed in contract.
Elixir Creative will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal.
All advertising material must conform to all standards laid down by all relevant advertising agencies & authorities.
By supplying text, images and other data to Elixir Creative for inclusion in the Client’s website or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner. The Client agrees to fully indemnify and hold Elixir Creative free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.
In the situation where any images, video, or data that Elixir Creative includes (i.e. stock or Client images) in good faith, and subsequently discovers is in violation to a third-party terms & conditions, the Client hereby allows Elixir Creative to remove the violation without hindrance, or penalty. Elixir Creative is to be held in no way responsible for any such data being included.
Elixir Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Elixir Creative will not be held responsible for any and all damages resulting from products and/or services it supplies or for any loss or consequential loss due to delay or non-delivery of products or services. The Client agrees not to hold Elixir Creative responsible for any such loss or damage. The Client also agrees that Elixir Creative holds no responsibility for any amendments made by any third party, before or after a design is published. Any claim against Elixir Creative shall be limited to the relevant fee(s) paid by the Client.