Terms & Conditions

By proceeding with an order, the Client is forming a legally binding contract with Elizabeth Dopkowski (from here on referred to as "The Designer") of Divergent Designs for products and services, and agrees to be bound by the following Terms and Conditions:

1. Sketches: Fees quoted includes preliminary____________ sketches; additional sketches are $__________each.

2. Sketch Timeline: The Designer agrees to deliver sketches within _____ days after the later of the signing of this Agreement or, if the Client is to provide reference, layouts, or specifications, after the Client has provided same to the Designer. The Designs shall be delivered _____ days after the approval of sketches by the Client.

3. Pricing: Fees quoted includes one set of finished print-ready electronic files; changes necessitated by client revisions and/or additions following approvals at each stage (sketches, development, delivery), other than for Designer’s error, are billed additionally at $______ per hour. All fees and costs are estimated. Estimates are based on the Specifications understood at time of Estimate. Changes to the Project Specifications require a revision of the information provided on the Project Estimate. All additional changes must be submitted and approved by both parties in writing.

4. Work Hours: All fees quoted are based on work performed during the course of regular working hours (based on a 40 hour week). Overtime, rush, holiday, and weekend work necessitated by the Client’s directive is billed in addition to the fees quoted. The Client agrees to pay sales tax, if required.

5. Estimate Terms: The information contained in the Project Estimate is valid for 30 days. Project Estimates that are approved and signed by the Client are binding upon the Designer and the Client commencing on the date of the Client’s signature.

6. Deadlines: The Designer’s ability to meet deadlines is predicated upon the Client’s provision of all necessary information and approvals in a timely manner.

7. Proof Approval: In the event the Client is unable to return the approval form via mail or fax, an emailed “Yes”, “This is good to go”, “Ready to print”, “I approve”, or similiar affirmative will be considered the Client’s electronic signature and agreement to these terms.

8. Credit: Unless otherwise agreed, Designer shall be accorded a credit line on all printed material, to read as follows: “Elizabeth Dopkowski of Divergent Designs”. Authorship credit in the name of the Designer shall accompany the Designs when reproduced.

9. File Rights: All rights to the use of the files transfer to the Client, except as noted:

10. File Ownership: Ownership of electronic files transfers to the Client upon full payment of all fees and costs.

11. File Use: If Client wishes to make any additional uses of the design files, Client agrees to seek permission from the Designer and make such payments as are agreed to between the parties at that time.

12. Payment Terms: All invoices are net due within 30 days. A 4 percent fee will be charged for Paypal transactions. All products remain the Designer's property until full payment is made.

13. Payment Timeline: At the time of signing this Agreement, the Client shall pay the Designer 50 percent of the total estimate as a nonrefundable advance. The Client agrees to pay the Designer within 30 days of the date of the Designer’s billing, which shall be dated as of the date of delivery of the design files. In the event that work is postponed at the request of the Client, the Designer shall have the right to bill pro rata for work completed through the date of that request, while reserving all other rights under this Agreement. Overdue payments shall be subject to interest charges of 7 percent monthly.

14. Warranty: The Designer warrants the Project will conform to the Specifications as outlined on the Project Estimate. The Designer shall be given the first opportunity to make any revisions requested by the Client. This warranty shall be the exclusive warranty available to the Client. The Client waives any other warranty, express or implied. The Client acknowledges that the Designer is not responsible for the results obtained by the Client’s use of any part of the Project. If the revisions are not due to any fault on the part of the Designer, an additional fee shall be charged. If the Designer objects to any revisions to be made by the Client, the Designer shall have the right to have her name removed from the published Designs. Except as otherwise expressly stated herein, the Client waives any claim for damages, direct or indirect. This limited warranty shall become void and expire 60 days after after the delivery of the Project by the Designer.

15. Errors: The Designer is not responsible for errors and omissions approved by the Client. The Client is solely responsible for errors missed during the proofing process of either artwork supplied by the Client or artwork created by the Designer. The Designer does not and is not responsible for proofreading.

16. Copyright: Copyright notice in the name of the Designer o shall o shall not accompany the Designs when reproduced. The Client is responsible for any Copyright or Trademark issues related to the creation and use of Project files by the Client. The Client shall be solely responsible for any Trademark or Copyright searches pertaining to the Project unless otherwise contracted for in the Specifications. The Designer will not knowingly copy other rightfully trademarked or copyrighted material.

17. Derivative Works: The Designer has the exclusive rights in making any derivative similar works of the Project and any similarities between the Client’s Project and future projects constitutes the Designer’s methods and style and shall remain the right of the Designer.

18. Indemnification: The Client warrants that everything it gives the Designer to include in the Project is legally owned or licensed to the Client. The Client agrees to indemnify and hold the Designer harmless from any and all claims brought by any third-party relating to the Client’s Proprietary Material provided by the Client to the Designer including any and all demands, liabilities, losses, reasonable associated costs and claims including reasonable attorney’s fees arising out of injury caused by the Client’s Proprietary Material supplied by the Client to the Designer, copyright infringement, and defective products sold as a result of the Client’s distribution of the Project.

19. Cancellation: In the event of cancellation by the Client, the following cancellation payment shall be paid by the Client: (A) Cancellation prior to the Designs being turned in: 50 percent of the fee; (B) Cancellation due to the Designs being unsatisfactory: 50 percent of fee; and (C) Cancellation for any other reason after the Designs are turned in: 75 percent of fee. In the event of cancellation, the Designer shall own all rights in the Designs. The billing upon cancellation shall be payable within 30 days of the Client’s notification to stop work or the delivery of the Designs, whichever occurs sooner.

20. Force Majeure: Events outside the Designer's control, which are not reasonably foreseeable, shall be considered force majeure, meaning that the Designer is released from the Designer's obligations to fulfill contractual agreements. Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.

21. Rights: All rights not expressly granted hereunder are reserved to the Designer, including but not limited to all rights in sketches, comps, or other preliminary materials created by the Designer.

22. Severability: In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

23. Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of Michigan.

24. Waiver: The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

25. Currency: Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

26. Additionally: The Designer reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.