Use of This Website and Privacy
By reading or using this website, you indicate your acceptance and agreement with the following terms and information. If you do not accept these terms, please do not use this website.
(1) General Disclaimer - Tarragon Studios ("Us") provides the information on these pages as a public service for informational purposes only. Information contained in these pages is not intended to be, and should not be taken as, advice. All information provided through this website, on our blog or through Tarragon Studios email subscription are provided "as-is, where-is" and without any warranties of any kind, including the warranties of merchantability or fitness for a particular purpose. Your use of this website does not constitute or establish a contractual relationship with Tarragon Studios. However, you may subscribe to certain services through this website, in which case you agree to Tarragon Studios Terms and Conditions or Design Services Agreement.
(2) Third Party Information Disclaimer - Certain links on this site lead to websites controlled by other parties over whom Tarragon Studios has no control. Therefore, Tarragon Studios makes no representation or warranty concerning the content or accuracy of third party information and expressly disclaims any liability therefore.
(3) Copyright - This site and all the information it contains, including, but not limited to, articles, blog posts, designs, drawings, illustrations, photographs, videos, opinions, text, guides, trademarks, trade names, service marks and logos ("Protected Information") are the property of Tarragon Studios, its contributors, and licensors and is protected from unauthorized use, copying, distribution and dissemination by U.S. Copyright law, international conventions, and other intellectual property laws. All rights reserved. You may not use our Protected Information without Tarragon Studios express written consent.
(5) VARIATIONS TO THE QUOTED PRICE
Tarragon Studios provides project estimates based on the information provided to us at the time of quoting. If the quoted job evolves outside the scope of that which was quoted, further charges will apply.
(6) QUOTE VALIDITY
Quotes are valid for 30 days from date of quote
(7) WORK WITHOUT A QUOTE
If you request Tarragon Studios to engage in work without first requesting a quote, then we will not be aware of your expectations regarding the cost of the design job. If you have expectations or budgetary restrictions, you MUST request a quote first. Tarragon Studios charges in 15 min increments for design at a rate of $50/hour.
(8) INVOICE TERMS
Unless arranged otherwise, the payment terms for Tarragon Studios work is:
· Graphic Design – 7 days from date of invoice
· Website Design – 50% of estimated costs prior to project start, the remainder to be paid at 2 months after project start or prior to website upload, whichever occurs first.
If the above payment terms cannot be met, please let us know prior to engaging our services so alternative terms can be arranged if appropriate.
Tarragon Studios reserves the right to request payment in full for any portion of any job prior to commencement or final delivery
1. Revisions: Revisions may be made only by the Designer during the Concept and Design phases of the design process. Additional fees will be charged for revisions made after 5 preliminary design revisions and for additions to project scope.
2. Payment Schedule: Fifty percent (50%) deposit required upon contract signing - remaining upon project completion.
3. Payment Terms: Payment due Net Thirty (30) days from issuance of invoice. A one and one half (1.5%) monthly service charge will be billed against late payments. Grant of copyright is conditioned upon receipt of final payment and upon Client's compliance with the terms of this agreement. Transfer of website passwords is also conditioned upon receipt of final payment.
4. Cancellation Fees: In the event of cancellation, Designer will be compensated for services performed through the date of cancellation in the amount of a prorated portion of the fees due. Upon cancellation all rights to the work revert to the Designer and all original art must be returned including: sketches, comps, or other preliminary materials.
5. Credits and Promotion: For Website design a credit line suitable to the design of the pages will be used. Designer reserves the right to include screen shots/images of ANY completed work and any material used to create the final work in his portfolio/blog, as well as a link to the live client website.
6. Preliminary Works: Designer retains all rights in and to all Preliminary Designs. Client shall return all Preliminary Designs to Designer within thirty (30) days of completion of the project and all rights in and to any Preliminary Designs shall remain the exclusive property of Designer.
7. Permissions and Releases: The Client agrees to indemnify and hold the Designer harmless against any and all claims, costs, and expenses, including attorney's fees due to materials included in the Design at the request of the Client for which no copyright permission or privacy release was requested or for which uses exceed the uses allowed pursuant to a permission or release.
8. Miscellaneous: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by a writing signed by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.
9. INDEMNIFICATION AND LIABILITY: Client shall indemnify Designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in Deliverables at the request of the Client. THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.