Terms & Conditions.
The following Terms and Conditions of Service apply to all products and services provided by Cheston Nguyen (hereinafter referred to as Cheston) and in the event of any dispute are governed by the laws of California).
All work is carried out by Cheston on the understanding that the client has agreed to the terms and conditions.
Copyright is retained by Cheston on all design work including words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Cheston, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, Cheston will provide the client with a written estimate or quotation by email.
These Terms and Conditions can be read at any time on Cheston’s website. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Cheston.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, Cheston’s Terms & Conditions are what govern the job, not any conditions on the client’s purchase order.
Payment
In return for Design Projects, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered.
The client understands that the final design belongs to Cheston until paid in full.
In the event of termination of this Agreement, Cheston owns the design and has the right to complete, exhibit, and/or sell the design (not including business name).
Furthermore, Cheston owns all the design concepts and proofs created before the final deliverable.
The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Cheston reserves the right to display the logo for business promotional use.
Originality
Cheston confirms that our designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Source Files
Cheston will supply proofs and 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 copyright design source files, including but not restricted to indd, psd, ai, ae, 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 quotation or ‘buy-out’ charge.
Design Project Completion
Cheston considers the design project complete upon receipt of the customer’s signed Approval form or signoff email.
Other services contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Approval of Final Work
While Cheston takes care to avoid errors, Cheston accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any Design Project during delivery.
It is the client’s responsibility to proofread and approve all final copy before finalizing the project.
The email verification of the client’s representative shall be conclusive as to the approval of all deliverables prior to their release for printing, implementation or installation.
No refunds or reprints are given after a final approved deliverable has gone to print due oversights by the client’s proofreading.
Ownership
You, the client, have ownership of the final Design Project for use in any media application that is beneficial to your business.
Cheston retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements.
The client also gives Cheston permission to use the client’s full name, business address, and/or website address, for testimonial purposes on their website, or other business related media.
The client understands that it is the client’s responsibility to copyright the logo design and/or seek trademark rights.
Termination
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Cheston.
In the event of cancellation of the project by the client, ownership of all copyrights and original artwork shall be returned and retained by Cheston.
Performance Liability
Cheston does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free.
The entire risk as to the quality and performance of the project is with the client. In no event will Cheston be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the design, even if Cheston has been advised of the possibility of such damages.
Delays
Illness, injury, or other events beyond Cheston’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Cheston, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.
An estimate validated by the client’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Cheston.