Terms and Conditions

By entering into a business relationship with Hess Design Studio, you (the Client) consent to the following terms and conditions:

Timeframe and Delivery
Agency working days are Monday through Friday, 9am – 5pm Pacific Standard Time, excluding holidays.

Hess Design Studio makes all reasonable efforts to provide concepts and revisions to the Client within the timeframes agreed upon in initial consultations. If we are experiencing higher work volumes, your design will be scheduled for the soonest available design time slot, and you will be notified at the earliest possible time.

Hess Design Studio will provide proofs Client review. The Client will provide feedback on the draft design.

Hess Design Studio will review feedback and update the design as needed. Hess Design Studio will continue the revision process within the specified terms to the Client’s satisfaction. Revisions will be submitted to the Client within the specified timeframe where possible.

Once the Client has approved the design, the Client will pay any balance owed to Hess Design Studio, and Hess Design Studio will deliver the final file(s).

Copyright / Trademarks
Hess Design Studio creates custom designs, and makes every possible effort to ensure designs are original and clearly, legally distinct. If a design unintentionally infringes on existing trademarks, Hess Design Studio’s liability is limited to free revision of the design to make it legally distinct, or the provision of a paid new design, as negotiated with the Client.

The Client unconditionally guarantees that any design element – text or graphic – provided to Hess Design Studio for inclusion in the design does not violate any copyright or trademark laws. Hess Design Studio will not be held responsible for any legal action that may result from improper due diligence on the availability of a name, phrase or image. The Client will hold harmless and protect Hess Design Studio from any claim arising from the use of content furnished by the Client.

Hess Design Studio retains the right to display designs in portfolios and on our website, unless exclusion is explicitly requested and agreed upon in writing with the Client.

Revisions and Author Alterations
Any and all revision requests, updates, corrections, additions or variations MUST be furnished to Hess Design Studio in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing by email.

The Client understands that any and all revision requests, updates, corrections, additions or variations will incur an hourly billable or project charge. Design work is not done free of charge unless otherwise arranged with Hess Design Studio explicitly and clearly in writing.

Unless otherwise agreed, Hess Design Studio will complete ONE large revision stage, and TWO minor revision stages. Revision requests are to be made within SEVEN days of receiving the proofs. If no revisions are requested within this time, it is assumed that the submitted proof is the accepted final. Any revisions made after this point are subject to additional fees at the hourly rate.

The total project quote or rate provided by Hess Design Studio is based on a reasonable average or specified number of revisions per design item, and associated number of billable hours. On the occasion the Client requests drafts or revisions that go beyond the scope of the original quote or rate, Hess Design Studio reserves the right to charge an additional hourly rate upon informing the Client that the request will incur an additional cost.

Payment Policies
Design and development services involve significant specialization and expertise, therefore design projects should be regarded differently than a manufactured product. Hess Design Studio’s rates ensure appropriate compensation for the time and expertise of our graphic designers, developers, art/creative directors and project managers.

All quotations given are estimates only, unless otherwise negotiated and noted in writing on a Client contract. Assuming no additions have been made by the client over the course of the project, the final invoice will not exceed the quoted amount by a margin of over 5% without prior notification and written authorization by the client.

Deposits and payments
All projects under $500 are to be paid in full before the start of the project. All projects over $500 will require 50% deposit, and the balance paid in full before delivery of the final design files or jobs sent to print. All work remains the property of Hess Design Studio until final payment is received. Client may not use or distribute any works until paid for in full.

Online Payments
Online payments are processed securely using bank-grade SSL encryption.
Payments may be made online via Credit Cards or PayPal.

We also accept:

Company or Certified Check
Money Order or Bank Draft

Accepted Payment Currencies
We bill in USD.

Delinquent Invoices
All invoices are payable on receipt, net 7 days. After 30 days, a late payment charge equivalent to 2% of the outstanding balance is applied to all delinquent Client invoices, without exception. If the Client remains in default after 60 days, an additional 2% of the outstanding invoice balance is applied as a late payment charge.

If the Client remains in default after 60 days, we will issue a final warning by email before turning the account over to a third-party collections agency or appropriate legal authority.

If a Client’s payment is charged back to us by way of credit card fraud, check fraud or other crime, we will issue a final warning by email before turning the account over to a third-party collections agency or appropriate legal authority.

Clients are responsible for all late fees and costs incurred for reporting to collections. If collection efforts are unsuccessful, we will engage the Client in litigation to collect the debt, and all copyright will remain with Hess Design Studio. The Client will forgo all rights to use Hess Design Studio designs in manner, and legal action will be taken to enforce this policy.

Abandoned Projects
A project shall be considered abandoned after 60 consecutive days have passed since the last communication received from the Client. In all abandoned projects, deposits are forfeit without option for reclamation. Any renewal of the project after termination will require a new agreement, fee schedule and deposit.

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