Terms and Conditions
GENERAL WORKING AGREEMENT – This is a representation of the contract and the statement of service between RCG and you (CLIENT). The client/listed in the contract is subject to these following terms and conditions. This statement in no way supercedes or works in opposition to a signed contract. All projects or services that RCG may be contracted to produce or provide for CLIENT will be subject to these terms and conditions:
PAYMENT/ESTIMATES – CLIENT agrees to pay RCG in accordance with the terms specified in each proposal. Accounts that have not submitted a credit application and been approved by our credit department, will be required to pay 50% of the project cost before work can begin. All subsequent balances due are payable as stipulated by the contract. We reserve the right to refuse completion or delivery of work until past due balances are paid.
OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Known expenses will be itemized on the proposal. Approval of any additional expense will be received before costs are incurred. If consultant or supervisory services are required in out-of-town locations (more than 4 hours round trip), we will submit as estimate of those costs before traveling.*
REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by RCG after a final approval form has been signed is considered a revision or alteration. A new proposal will be submitted for revisions and alternations will be billed at standard hourly rates.^
OVERTIME – Proposals are based on a reasonable time schedule, and WILL BE revised to take into consideration “Priority Scheduling”.^
NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.
ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. RCG is not liable for errors or omissions. Your signature or that of your authorized representative is required on all work prior to release for printing or other implementation.
TELECOMMUNICATIONS – CLIENT shall pay for all transmissions charges. RCG is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.
OVER RUNS AND UNDER RUNS – The CLIENT will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. The RCG will bill for actual quantity delivered within this tolerance. If the CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
INSPECTION OF BOOKS – Upon reasonable notice, any and all invoices from our vendors, time sheets and other documentation relating to your account will be available to you. Inspection at our office by your authorized representative may be arranged during normal business hours.
PROPERTY AND SUPPLIER’S PERFORMANCE – RCG will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, RCG is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.
LIEN – All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied.
RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for by CLIENT, RCG will assign the reproduction rights of the design for the use(s) described in the proposal. According to the Copy right Law of 1976, the rights to all design and art work remain with RCG, unless a purchase of “All Rights” (A Buyout) is negotiated with RCG and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to reprint, you must contact us to arrange the transfer of rights and any additional fees before proceeding. We reserve the right to photograph and/or distribute or publish for our promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated by either of us upon written notice as stipulated in the contract. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result. Upon termination of this agreement, RCG will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold RCG harmless for any loss or expense (including attorney’s fees), and agree to defend RCG in any actual suit, claim or action arising in any way from our working relationship.
PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both CLIENT and the RCG, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or the RCG. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.
