Please Read….

1. ‘Creative Collaborations is Nicole Umana trading as NU Creative Collaborations (NUCC).

2. ‘The Client’ is the party making a booking for design or marketing related services from NUCC.

3. ‘An Order’ is the request for services from NUCC.

4. ‘The project’ is a term used to describe service from NUCC.

The terms and conditions apply to all dealings between The Client and NUCC. By placing an order with NUCC, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.

QUOTATIONS.

• All quotes are valid for 10 days only.

• All prices are in US Dollars.

• Any additional work outside the terms of the quote will be charged at an hourly rate of $90 per/hour.

• NUCC is not responsible for increases in materials by third party services (eg printers, packaging suppliers, web developers) where the increases are beyond our control.

PAYMENTS.

• A 50% non-refundable booking deposit is required before starting any design project.

• All overseas clients are required to pay 100% upfront regardless of the project price.

• Payments are to be made either by bank deposit transfer (zelle or ACH preferred).

• Paypal is also a payment option however there is a 3% fee for this.

• All invoice terms are 10 days from the date of the invoice.

• Accounts which are not paid on time will incur a late administration fee of $50. 

• Accounts which remain outstanding for 14 days after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs for each week payment is outstanding.

• Final artwork files will not be handed over until the invoice has been paid in full.

• All printing invoices must be paid prior to sending the artwork to print.

• All work not completed within a 2 month period will be invoiced regardless.

• Payment is required for any artwork or drafts, that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’.

• If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors)

CANCELLATION

• The Client may cancel this Agreement for any reason by providing a minimum of 10 days written notice to Company, any deposit paid prior to cancellation will be non-refundable.

• NUCC may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that NUCC cancels this Agreement, NUCC will provide any artwork completed and paid for to date.

• Either Party also may at any time terminate the Agreement immediately if: (i) the other party commits a breach of this Agreement and such party does not cure a breach within 5 days of written notice from the non-breaching party of such breach.

• If this Agreement is terminated earlier by Client without cause, Client agrees to pay Contractor any and all sums which are due and payable for: (i) services provided as of the date of termination; and (ii) expenses already incurred, including those from documented non-cancelable commitments. Contractor agrees to use the best efforts to minimize such costs and expenses.

• Termination for any reason shall not affect the rights granted to Client by Contractor hereunder. Upon termination, Client shall pay to Contractor all undisputed amounts due and payable. If upon termination Client has not paid undisputed fees owed for the material, deliverables or Services provided by Contractor as of the date of termination, Client agrees not to use any such material or the product of such Service, until Client has paid Contractor in full. Any provisions or clause in this Contract that, by its language or context, implies its survival shall survive any termination or expiration of this Agreement. Notwithstanding anything to the contrary in this Agreement, Contractor shall retain a perfected security interest in the deliverable or material until Client has made payment in full for all undisputed amounts as of the termination date.

Contractor hereby agrees to release and waive its security interest in the deliverable and material upon receipt of full payment for all undisputed amounts.

NO GUARANTEES.

• NUCC cannot guarantee the outcome of design services and the client’s comments about the outcome are expressions of opinion only.

•The Client acknowledges that NUCC cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by NUCC.

COMMUNICATION.

• NUCC is an online business therefore the majority of our communication is made via email or project management platform (i.e. Asana), this helps us keep track of specific design requirements & any changes required.

• If you would like to chat with us on the phone or via Zoom we are happy to do so, however we ask that you please email us or book with Acuity to make an appointment for a time to chat.

COPYRIGHT.

All images displayed on the NUCC website or social media pages are subject to copyright, and must not be copied or used without full permission from NUCC and the Client.

Any breach of copyright will result in legal action being taken as necessary.

DESIGN CREDIT.

• The Client allows NUCC to display any projects on the NUCC website/ Facebook page/ Instagram page and portfolio for self promotion purposes.

• The Client agrees to allow NUCC to credit design work on all websites designed by NUCC.

TURNAROUND TIMES.

• NUCC will make every effort to meet deadlines. All quoted turnaround times are approximate. NUCC will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.

APPROVAL.

• Approval is required for all projects, via email or project management platform (Asana) prior to work being released.

• Whilst all care is taken by NUCC, NUCC is not responsible for any spelling, grammatical, numerical errors, or omissions after final approval. Even if these errors are from NUCC, it is the Client’s responsibility to proofread and check thoroughly their projects to identify any errors prior to approval.

IMAGES.

• Some designs may contain stock images that are available for purchase.

• NUCC is not responsible for purchasing stock images for the client, these additional images will be invoiced appropriately to the project.

• Any images supplied by the Client must be provided in high resolution and preferably in CMYK. NUCC is not responsible for color variations in conversion from RGB to process CMYK.

• NUCC is not responsible for the reproduction quality of supplied images.

COLOR MATCHING & PRINTING.

• Whilst all care is taken, NUCC does not take responsibility for Client supplied artwork that does not print properly.

• Please note that color on projects can vary from screen to final product. Screen proofing is not indicative of the final printed piece. Printed colors can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYK printing process.

• Trimming can vary from printer to printer.

NATIVE FILES.

NUCC retains ownership of all native design files which will not be handed over to a client under any circumstances.

APPROPRIATE CONDUCT.

Client and Contractor will seek to maintain a professional relationship that is free from harassment of any kind and from any other offensive or disrespectful conduct. If at any time during the term of this Agreement Contractor believes that he/she has been subjected to harassing behavior on the part of Client or Client’s staff, Contractor will notify Client immediately and demand that appropriate actions will be taken to correct the matter. In the event that the reported behavior continues following Contractor’s second notice, such behavior will constitute a breach of the Agreement and entitle Contractor to terminate the Agreement in accordance with the Agreement’s Term and Termination Clause and be paid in full for the ordered project or for the planned monthly service hours, as applicable, without limiting any other right or remedy available to Contractor by law.