Terms & Conditions
All clients must read and agree to the points laid out below.
By entering into a business relationship with Estudio Victor Alemán, you (the Client) agree and consent to the following terms and conditions:
TIMEFRAME AND DELIVER
Estudio Victor Alemán will make all reasonable efforts to provide draft concepts and revisions to the Client within the timeframe agreed upon in initial consultations. Please note that if we are experiencing higher than usual demand, your design will be scheduled for the next available time slot and you will be notified at the earliest possible time. Estudio Victor Alemán will post the initial designs in an email or to a private web site for review by the Client. The Client will then be able to view his/her draft designs and also be able to provide feedback concerning the design.
Estudio Victor Alemán will analyze the Client's feedback and revise the work if necessary. Revisions will be presented to the Client within the specified timeframe where possible. Regular working days are Monday through Friday, 9am - 5pm Central US Time. Estudio Victor Alemán will continue the revision process within the terms of the specific contract, until Client is satisfied. Once the Client has approved the final concept, the Client will complete any remaining payment owed, and Estudio Victor Alemán will then proceed with the delivery phase. All requested formats of the approved design are then emailed or posted to the client download area for the Clients' use.
COPYRIGHT / TRADEMARKS
The Client unconditionally guarantees that any element of text or graphics furnished to Estudio Victor Alemán for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect Estudio Victor Alemán from any claim or suit arising from the use of such as furnished by the client.
Estudio Victor Alemán creates custom design work, and makes every effort to ensure that work is legally distinct and original. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, Estudio Victor Alemán's liability is limited to free revisions to the design so as to make it legally distinct, or the provision of a new design, at the client's discretion. Estudio Victor Alemán will do no research checking on the legal availability of the names we are creating designs for. It is the Client's responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client's sole responsibility to secure a service mark or trademark to protect the rights to any name or image. Estudio Victor Alemán and it's employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Ownership of the final artwork becomes the full property of the Client, having unlimited, indefinite and unrestricted use of the design, only upon payment of all fees owing. Until the contract is paid in full, all materials remain property of Estudio Victor Alemán. Estudio Victor Alemán retains the right to display the work in their corporate portfolios, unless exclusion is explicitly requested in writing by the client. Unless otherwise arranged with your project manager, all stock photography is used under royalty-free license of Estudio Victor Alemán. As such, the Client has legal rights to use the protography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency. Exclusive, rights-managed photography is available, but will incur additional cost.
DRAFT CONCEPT POLICIES AND COPYRIGHT
All draft concepts previewed by the client are for client review and comment purposes only. Until final design balance is received by Estudio Victor Alemán, all logos, artwork, concepts and designs remain the copyright and exclusive property of Estudio Victor Alemán. Estudio Victor Alemán reserves the right to utilize and/or reproduce any image, logo or illustration created by Estudio Victor Alemán in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited and unrestricted use of the design upon full payment of all fees. Estudio Victor Alemán retains the rights to concepts, comprehensives and artwork involved in the design process prior to the final artwork, and is granted the right to display these designs in promotional and advertising and marketing materials unless exclusion is explicitly requested in writing by the client.
REVISIONS AND AUTHOR ALTERATIONS
Any and all revision requests or project additions/alterations MUST be furnished to the project manager in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, either by Email, Mailed Letter or Fax. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the project quotation. Revision work is not done free of charge unless otherwise arranged.
The quotation assumes a reasonable average or specified number of revisions per design item, but on very rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions. Any and all revisions will still incur the hourly rate as noted on the project quotation, and the Client confirms that any revisions or additions they request will incur this cost.
Design and development are commodities of time and expertise rather than manufactured product. Customers are appropriately billed for the time and expertise of our graphic designers, developers, art/creative directors and project managers. In accordance with industry standards, Estudio Victor Alemán charges for design services by the hour (unless a flat fee has been negotiated in writing) and does not offer refunds. All invoices incur a one-hour minimum charge.
Estudio Victor Alemán does not engage in speculative work and will not honor any requests for same (see www.no-spec.com for more information about spec work). We have provided an extensive public portfolio, making it easy for potential clients to judge whether the style and quality of design offered by Estudio Victor Alemán is a good fit for their organization.
All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Final invoices will reflect actual hours worked on your project which may or may not differ from your quotation. 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.
A signing instalment representing 50% of quoted design items (plus 100% of any production items, if applicable) is required for all new projects unless otherwise contracted.
Preferred and trusted clients requiring long term and ongoing design work may be placed on a monthly billing cycle, allowing clients to forego any subsequent deposit requirements. Clients on monthly billing will be invoiced on or around the 1st of each month.
Deposits and payments may be made in a number of ways: - Credit Card (Visa, Mastercard, American Express or Discover) - Company or Certified Check - Bank or Wire Transfer - Money Order or Bank Draft - Interac Email Money Transfer (via major Canadian online banking systems)
We do not accept PayPal as a rule, though long standing trusted clients may request this method at their discretion.
Online payments are processed securely using bank-grade SSL encryption. Please contact your project manager for details.
We bill Mexican clients in Mexican Peso, all others in USD.
All invoices are payable on receipt, net 14 days. If the client is sending payment through the mail, we will accept a tracking number as notice of payment.
• Inactive Status
If there has been no activity initiated by the client on a project in 30 days, but the client has been responsive to status requests by the project manager, said project will be classified as “inactive”. Inactive projects are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time. If your project is incomplete and you have received an inactive project invoice, please rest assured that you are being invoiced only for work actually completed to date, and that you are welcome to re-open the project at any time. Upon payment of your invoice, you will have rights to request delivery of any design files (complete, or otherwise).
• Delinquent Status
After 30 days, a late payment charge of 2% per month (26.82% p/a) is applied to all delinquent accounts, without exception and retroactive to the date of invoice. If the account remains in default after 60 days, or if the customer's payment is charged back to us by way of credit card fraud, cheque fraud or other crime, we will issue one final warning before turning the account over to a third-party collections agency or appropriate legal avenues. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will remain with or revert to Estudio Victor Alemán. In such a case, we retain the right to repossess any and all materials created for the client. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
• Abandoned Status
A project shall be considered abandoned after 60 consecutive days wherein Estudio Victor Alemán has received no response, contact or activity from the client. Should a client abandon a project where the time worked exceeds that covered by any deposits paid, the client will receive an invoice for the difference (plus expenses, if applicable). 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. Abandoned projects with funds owing are subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.
ESTUDIO VICTOR Alemán WEBSITE
Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of Estudio Victor Alemán. All rights reserved. All other images are the copyright and/or trademark of the respective owners.
The information presented on the Estudio Victor Alemán web site is copyrighted to Estudio Victor Alemán Creative Design. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners.
Designs, original art and clip art presented by Estudio Victor Alemán are for the use of the authorized client. All art, images, designs, and material are copyright of Estudio Victor Alemán and may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of Estudio Victor Alemán and the images contained within.
All material featured on victorAlemán.mx are offered for informational purposes only, and are offered on a 'as is' basis. ANY third party use of graphic or written material found on the victorAlemán.mx site, including mirroring or copying any part of the site, is strictly forbidden without the express written consent of Estudio Victor Alemán or their authorized representatives.
A note to would-be plagiarists:
It's not worth it. We are an ethical company, and demand the same of our contemporaries. We actively seek out and pursue those who attempt to copy our work, and will prosecute to the fullest extent of the law in addition to publicly exposing all discovered plagiarists. If we find a design in the public sphere that has been blatantly plagiarized, we will contact your client first, then we will have our attorneys contact you.
This web site has been PICS labeled as suitable for all ages by SAFESURF, and our staff support their aims in the areas of protecting children from potentially harmful material whilst simultaneously maintaining the protection of freedom of publication on the Internet.
Visitors are permitted, and encouraged to link to this site. You are welcome to link to any page or section of the Estudio Victor Alemán web site.
What information are you collecting and how are you collecting it?
Every computer connected to the Internet is given a domain name and a set of numbers, that serve as that computer's "Internet Protocol" IP address. When a visitor requests a page from within our site, our web servers automatically recognize that visitor's domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed our site. We may use this information to examine our traffic in aggregate. Our web servers do not automatically record e-mail addresses or any personal information of the visitors.
Sensitive Information Disclosure
Anyhosting account information, FTP information, or domain registrar account information provided to your design team will be kept in the strictest of confidence, will be used only by Estudio Victor Alemán developers assigned to your account, and will be used only for the purposes of setting up your website, managing your website, providing technical support, or other purposes established in writing with your project manager.
Client accounts and project file archives are stored on a dedicated, secure, in-house server that is not accessible (physically or otherwise) by anyone other than Estudio Victor Alemán's owners. For security reasons, there are no backups for this server.
What information do you collect when I pay an invoice?
We accept a number of different payment methods, including several offline options (credit card by telephone or fax, wire transfer, or check by mail). We also offer secure and convenient payment online. Your credit card information will be processed via secure, tested and trusted servers. All connections in processing your credit card online are encrypted via SSL, to the same (and in some cases, higher) level of encryption as that used by major online banking websites. Your information will not be shared or sold to third parties for any purpose.
Will you disclose the information you collect to outside third parties?
Estudio Victor Alemán will only disclose personal information and/or an IP address, when required by law or in the good-faith belief that such action is necessary to:
1) Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on Estudio Victor Alemán,
2) Protect and defend the rights or property of Estudio Victor Alemán site and related properties, or visitors to the Estudio Victor Alemán site and related properties,
3) Fulfill a user's order or request.
Estudio Victor Alemán uses reasonable precautions to keep the information disclosed to us secure. We are not responsible for any breach of security or for any actions of any third parties that receive the information. We are not responsible for such third party privacy policies or how they treat information about their users
What else should I know about my privacy when online?
The Estudio Victor Alemán website may contain links to third party websites. Estudio Victor Alemán is not responsible for the privacy practices or the content of such third party websites or advertisers. We do not share any of the individual personal information you provide with the third parties to which we link. Please check with those websites to determine their respective privacy policies.
Please keep in mind that whenever you disclose personal information online through e-mail, forums, discussion lists, or unsecured pages, that information can potentially be collected by others, despite the security measures in place by the sender and/or recipient of such messages. In short, IF you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you're online.
YOUR CONSENT TO THIS AGREEMENT
Should it happen that a client's own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of Estudio Victor Alemán.