TERMS AND CONDITIONS
 

The following Terms and Conditions of Service apply to all products and services provided by Anderson Designs.

All work is carried out by Anderson Designs on the understanding that the Client has agreed to Anderson Designs' Terms and Conditions.

Project Acceptance

At the time of proposal, Anderson Designs will provide the Client with a written estimate or quotation along with a copy of Anderson Designs’ Terms and Conditions of Service, set forth herein.

A copy of the written estimate or quotation is to be signed and dated by the Client, or agreed to in writing only, to indicate acceptance and sent to Anderson Designs. A copy of the Terms and Conditions of Service is to be signed and dated by the Client to indicate approval and returned to Anderson Designs. No work on a project will commence until both documents have been received by Anderson Designs.
 

Payment

The Client will be provided with an Approval Form and/or Review of the work provided prior to final publication. Charges for design services to be provided by Anderson Designs will be set out in an invoice to be sent to the client as agreed to. At this time the amount due will become payable and the Client will also be required to sign and submit an Approval Form to Anderson Designs. Accounts that remain outstanding for 30 days after the date of invoice will incur an extra charge of 2% per month of the outstanding amount.
 

In accordance with 34 Tex. Admin. Code § 3.312, a sales tax of 6.25% (Texas) will be applied to the total charge of all services provided by Anderson Designs, including clients in and out of Texas.

Payments may be made by cash, check, Major Credit Card, or Money Order and/or previously agreed electronic funds transfer.

Publication and/or release of work done by Anderson Designs on behalf of the Client, may not take place before cleared funds have been received, or as otherwise agreed to by Anderson Designs in writing only. Once payment has been made, there will be no reimbursement of funds unless agreed to by Anderson Designs in writing.

Charges for Other Service

Charges for any additional services over and above the estimated work to be carried out will become fully payable (100% of the quoted amount) at the time an invoice is received by the Client.

Copyrights and Trademarks

By supplying text, images, and other data to Anderson Designs for inclusion in the Client’s business cards, flyers, pamphlets, website, or other mediums, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or the rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Anderson Designs on behalf of the Client, will remain the property of Anderson Designs until all costs have been settled or as otherwise agreed to in writing only.

The Client may request in writing from Anderson Designs, the necessary permission to use materials (for which Anderson Designs holds the copyright) in forms other than for which it was originally supplied, and Anderson Designs may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Anderson Designs, the Client grants Anderson Designs permission to use this material freely in the pursuit of the design.

Should Anderson Designs or the Client supply an image, text, audio clip, or any other file for use in business cards, flyers, pamphlets, websites, multimedia presentations, print items, exhibitions, advertisements, or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow Anderson Designs to remove and/or replace the file on the site.

The Client agrees to fully indemnify and hold Anderson Designs free from harm in any and all claims resulting from the Client not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The Client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The Client also agrees that Anderson Designs holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

All design work, where there is a risk that another party makes a claim, should be registered by the Client with the appropriate authorities prior to publishing or first use. Anderson Designs will not be held responsible for any and all damages resulting from such claims. Anderson Designs is not responsible for any loss, consequential loss, or non-delivery of products or services, of whatever cause. The Client agrees not to hold Anderson Designs responsible for any such loss or damage. Any claim against Anderson Designs shall be limited to the relevant fee(s) paid by the Client.

Design Project Duration

Any indication given by Anderson Designs of a design project’s duration is to be considered by the Client to be an estimation. Anderson Designs cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed from the date that cleared funds are received by Anderson Designs for the initial payment or by the date confirmed in writing by Anderson Designs.
Retainer

If Anderson Designs agrees to provide its services to the Client on a retainer, a Retainer Agreement will be issued to the Client. If the Client requires a project that Anderson Designs determines to be over and above the estimated work to be carried out as outlined in the Retainer Agreement, Anderson Designs reserves the right to incur a separate charge for the project being carried out without providing advanced notice to the Client.

Rights of Access for Website Construction

The Client agrees to allow Anderson Designs all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames, and passwords. The Client also agrees to allow Anderson Designs access to any computer systems, usernames, and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The Client agrees to supply Anderson Designs with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

Anderson Designs considers the design project complete upon receipt of the Client’s review and signed approval or emailed statement accepting approval. Other services such as printing, display panel production, film work, website uploading, publishing, etc., either contracted on the Client's behalf constitute a separate project and can be treated as a separate charge. Once a project has been designed and emailed, there will be no refunds.

Project Abandonment

If after repeated attempts to begin, continue, or finalize the delivery of services, the Client fails to participate or becomes otherwise unresponsive to Anderson Designs' requests for a period of two (2) months, the project may be considered abandoned, and Anderson Designs may reduce any refund the Client may otherwise be entitled to hereunder to zero, and the Client will have forfeited all rights to receive any refund for services purchased or as described in the original invoice. Anderson Designs may issue Client credit for future services at its discretion.

Website Design Only

Once website design is complete, Anderson Designs will provide the Client with the opportunity to review the resulting work. Anderson Designs will make one set of changes at no extra cost within 14 days of the start of the review period. Any changes can be notified to Anderson Designs by e-mail or fax and confirmed by post.
Anderson Designs will consider that the Client has accepted the original draft, if no notification of changes is received in writing from the Client, within 14 days of the start of the review period.

Privacy
Our Website is intended for the use of adults and individuals 17 years of age and older. Our Website is not directed to children under the age of 17.

Hosting Websites

Anderson Designs does not offer in-house hosting services. Anderson Designs can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Anderson Designs may request that Clients change the type of hosting account used if that account is deemed by Anderson Designs to be unacceptable because of poor service, lack of bandwidth, or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the Client and Anderson Designs are not liable for their payment.

Domain Registration

Anderson Designs cannot guarantee the availability of any domain name. Where Anderson Designs is to register a domain name on behalf of a Client it will endeavor to do so but the Client should not assume a successful registration.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Anderson Designs cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

Design Credits

The Client agrees to allow Anderson Designs to place a small credit on printed material exhibition displays, advertisements, and/or a link to Anderson Designs’ own website on the Client’s website, when applicable, or as otherwise agreed to. This will usually be in the form of a small logo or line of text placed toward the bottom of the page.

The Client also agrees to allow Anderson Designs to place websites and other designs, along with a link to the Client’s site on Anderson Designs’ own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal

Anderson Designs will not include in its designs, any text, images, or other data that it deems to be immoral, offensive, obscene, or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Anderson Designs also reserves the right to refuse to include submitted material without giving a reason. Any images and/or data that Anderson Designs does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Client is obliged to allow Anderson Designs to remove the contravention without hindrance, or penalty. Anderson Designs is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, Anderson Designs will need formal notification in writing. The Client will then be invoiced for all work completed. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Anderson Designs within 14 days of such instruction being issued will be liable for the total quoted cost of the project.

Disclaimer

Anderson Designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Anderson Designs will not be held responsible for any and all damages resulting from products and/or services it supplies. Anderson Designs is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure, including a loss in an election. The Client agrees not to hold Anderson Designs responsible for any such loss or damage. Any claim against Anderson Designs shall be limited to the relevant fee(s) paid by the Client.

Anderson Designs reserves the right to use the services of sub-contractors, agents, suppliers, and any work, content, services, and usage is bound by their Terms and Conditions. Anderson Designs will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.

Binding Arbitration

The parties to this contract agree that any and all disputes that cannot be settled in good faith by the parties shall be resolved through binding arbitration using the American Arbitration Association.  It is further agreed that the cost of binding arbitration shall be shared equally by Anderson Designs and the Client.  It shall be clearly understood that any disputes that may arise are confidential with no public comment permitted in any form by either party relating to the dispute. The results of any Arbitration proceeding shall also be confidential with no public comment by either party permitted in any form relating to any award. The parties agree that any breach of this provision shall constitute a willful breach of contract.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Anderson Designs reserves the right to change any rates and any of the Terms and Conditions at any time and will provide prior notice to the Client.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and any other services offered by Anderson Designs and validated by the Client’s signature on the estimate or quotation form 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 Anderson Designs.