GRAPHIC DESIGN POLICY

Thank you fo choosing to work with Popular Demand Marketing! I look forward to working with you on your unique project. In order to move forward with your design request please read the polices detailed below. By moving forward with payment of services you are acknowledging that you agree with the Graphic Design Policy.  If you have any questions please email populardemand.mktg@gmail.com prior completing your order. 

 DESCRIPTION OF SERVICES: ​

Beginning on the date of this signed document, Jarrah Comer d/b/a Popular Demand Marketing ("Graphic Designer") will provide to Client the following graphic design services ("Services"): Graphic Designer will communicate, in discussion with the owner, the overall vision of the business and the basic designs or ideas the client has regarding the business logo and brand. After the initial discussion and order placement, Graphic Designer will prepare a proposal with design options for the client to review. After the client has selected one of the proposed designs, Graphic Designer will be responsible for completing additional research to further develop the chosen idea and completion of the remainder of the clients project. The client will be given the right to final say on all colors, fonts, text and images used in the final design. 

 

Refunds on any design work that has been started on or issued out is not permitted.

 HOURS OF OPERATION:

Monday - Friday : By Appointment

Saturdays9:00 AM - 5:00 PM

Sundays1:00 PM - 5:00 PM

Holidays : Closed

*Hours are subject to change with or without notice.

 TIMEFRAME TO PROVIDE MATERIALS: 
​The Client has a time frame to provide the photos and verbiage ("Materials") for the project and/or service requested. If all Materials needed for the project and/or design are not provided to Graphic Designer within sixty (60) days following the initial date of purchase or a signed agreement the contract is subject to one of the following: (1) Termination with no obligation of refund or services rendered (2) Standard turn around time restarts from the time all material is confirmed to be received by the designer (3) Special instructions or permissions that must be approved and documented in writing by Graphic Designer to be valid.
 
 TURNAROUND TIME: 
Turnaround time can vary depending on the project and/or design requested, the complexity of the design, and the work load at the time of ordering. There are no definite turnaround times unless Rush Order is placed and paid for (subject to availability). ESTIMATED turnaround times for design projects will be discussed during the initial consultation. The Rush on different services vary depending on what is being rushed and if all materials were provided in a timely manner. Rush times on big packages start from the date all materials are given to the designer from the client. Turnaround times on individual services start from the date all materials are obtained from the client to the designer as well. 
 
ALL TURNAROUND TIMES ARE SUBJECT TO CHANGE AND OR BE DELAYED DEPENDING ON THE DESIGNER AND MATERIALS OBTAINED FROM THE CLIENT AND COMPLEXITY OF DESIGN SERVICES REQUESTED. THERE ARE ABSOLUTELY NO REFUNDS ON ANY RUSH FEES ON ANY SERVICES.

 PAYMENTS: 

Payments for most projects may be made directly via www.populardemandmarketing.com. We also accept payments via PayPal, CashApp, Venmo, and Apple Pay. All major debit and credit cards are accepted.

 

We require that any projects under $550 to be paid in-full upfront unless other arrangements are agreed upon in writing. Anything over that amount will require a NON-REFUNDABLE deposit and the signing of a legally binding contract that must be signed by all parties involved. 

In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, Graphic Designer has the option to treat such failure to pay as a material breach of the Graphic Design Policy, and may cancel the Service and/or seek legal remedies.
NO REFUNDS ARE GIVEN ON ANY SERVICES ONCE WORK ON A CLIENT PROJECT IS REVIEWED AND THE PROCESS IS IN PROGRESSION. ONCE IN PROGRESSION IF CLIENT PROCEEDS AT ANYTIME DURING THIS CREATION OF THEIR SERVICE TRY TO PROCESS A REFUND OR RETURN OF FUNDS THIS GRAPHIC DESIGN POLICY IS CONSIDERED VOID AND SERVICES ARE NO LONGER OBLIGATED TO BE COMPLETED UNLESS OTHERWISE DETERMINED BY GRAPHIC DESIGNER.
 CONFIDENTIALITY: 
Popular Demand Marketing, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Popular Demand Marketing, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. Popular Demand Marketing and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Upon termination of this Graphic Design Policy, Popular Demand Marketing will return to Client all records, notes, documentation and other items that were used, created, or controlled by Popular Demand Marketing during the term.

 COPYRIGHT: 

Popular Demand Marketing creates graphic designs and makes every possible effort to ensure designs are original and clearly, legally distinct. If a design unintentionally infringes on existing trademarks, Popular Demand Marketings 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. Popular Demand Marketing agrees to create original work for the client, free of plagiarism.

The Client unconditionally guarantees that any design element – text or graphic – provided to Graphic Designer for inclusion in the design does not violate any copyright or trademark laws. Popular Demand Marketing  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 Popular Demand Marketing from any claim arising from the use of content furnished by the Client.

Popular Demand Marketing will embed our link at the bottom of completed and purchased website designs, for promotional reasons. The link will and must be no smaller than 10pt & must be visible for viewers to see. The Popular Demand Marketing  link should not be removed unless our work is no longer presented on your website. If we discover our link is no longer present, but our work still is, you will be charged a fee and sent an invoice for removal, if invoice is not paid legal actions will follow suit. 

 PROOFS & REPRODUCTION OF PRODUCT: 

Until your graphic design is finalized, it will be sent with the "Popular Demand Marketing PROOF" watermark. This watermark may not be removed and watermarked designs are not permitted to be recreated or distributed in print or online. Clients may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by Graphic Designer during work on the Project but not included into the final version of the Project. Such artwork belongs solely to Popular Demand Marketing who may use it at her own discretion.

Upon successful completion of all compensation terms and outstanding balances owed to Popular Demand Marketing, Service Recipient is granted full and unlimited reproduction rights to the Project. Popular Demand Marketing retains the right to reproduce the Project in any form for marketing, future publications, competitions or other promotional uses. Popular Demand Marketing shall at no time reproduce the Project for use in commercial means or for-profit use. 

 REVISIONS: 

For any graphic design project you are allowed 2 rounds of revisions once you choose from the concepts that are provided to you. If additional revisions are required there will be a $25 fee assessed for each additional round that is required.  Revisions may extend the initial turnaround time of project.

Any requested changes to the description of services stated above shall constitute additional editing and may incur additional charges or fees as deemed necessary by Popular Demand Marketing. All additional changes must be submitted and approved by both parties in writing. Turnaround time on all changes and alterations can vary depending on the complexity of the design and the work load at the time of the request. There is no standard turnaround time on any requested revisions. 

 CANCELATIONS

Both parties understand that Client or Popular Demand Marketing may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party.

 

  • If the project is terminated before services has been started, Popular Demand Marketing will refund the amount paid by client, minus any NON-REFUNDABLE deposits paid.

  • If Popular Demand Marketing has provided samples prior to the project being terminated, a refund will be issued, minus the portion of the cost for services rendered and any NON-REFUNDABLE deposits paid.

  • If the the client decides to cancel the service after final approval is made, Popular Demand Marketing reserves the right to keep the full payment amount and no refunds will be issued.

 

NO EXCEPTIONS.

 INCOMPLETE PROJECTS

Projects where only a deposit was collected but remain in the proofing stage or is put on hold while we await content to complete the design for more than 20 business days will be put on hold and will be billed for any time spent up to that point. When the client is prepared to restart the project, there will be $25 project reinstatement fee.

 DEFAULT

The occurrence of any of the following shall constitute a material default under this Contract:
  • The failure to make a required payment when due.
  • The insolvency or bankruptcy of either party.
  • The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
  • The failure to make available or deliver the Services in the time and manner provided for in this Graphic Design Policy.
 FORCE MAJEURE: 
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non- performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

 POLICY ACKNOWLEDGEMENT & AGREEMENT

All Popular Demand clients must agree to the following policies and procedures in order to proceed with your project. By moving forward with payment of services you are acknowledging that you agree with the Graphic Design Policy.  If you have any questions please email populardemand.mktg@gmail.com prior completing your order. 

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HOURS OF OPERATION

MON-FRI: BY APPOINTMENT

SATURDAY: 9:00 AM-5:00 PM

SUNDAY: 1:00 PM - 5:00 PM

HOLIDAYS: CLOSED

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