Prices valid for 30 days from date on your quote.
This is an estimate of the time and labor required to complete your project. Throughout the process, we will alert you to the total number of hours spent on the project by giving you a report at 50%, 75%, and 100% of the estimated hours quoted above. Any labor required over the quoted amount and all communications, travel, or meetings will be billed at the hourly rate. We reserve the right to renegotiate the contract should the project go over the allotted time we've outlined above. This contract is a rough estimate, and if "project creep" occurs we have the right to fairly renegotiate the contract and its terms.
The designs, original artwork, electronic proofs, print-ready PDFs, and all other files created by tinymill are protected by Federal Copyright Law and may not be reproduced, manipulated, re-worked for other purposes, edited, submitted to any contests, or shared in any manner without our explicitly written permission. We retain the right to make reproductions for our portfolio, samples, self-promotion, professional competition and review, and website even if the artwork release has been purchased.
All websites designed or developed by tinymill will include a small "website by tinymill" note in the footer with a link to our website. We are happy to provide a reciprocal link to your site in our Client List. While all website design and all coding is done by tinymill, in rare circumstances programming services may be delegated to another firm or independent contractor. In such a case, you agree not to hire, delegate, engage, employ, retain, secure the services of, contract with, or enlist the services of the firm or independent contractor for a period of 5 years following the date on this contract.
You agree never to share any of tinymill's concepts, art, or work with outside designers, businesses, or agencies. This includes, but is not limited to, design concepts, sketches, electronic proofs, and photography.
All orders are subject to cancellation fees: 100% design fee if any work has been done; 100% design plus 15% of the total printing price if the job has been sent to print but not yet printed; 100% of the invoice amount if the job has already printed. Jobs placed on hold for over 30 days will be considered cancelled and cancellation fees will apply. If you choose to reopen the order within 30 days from the invoice date showing cancellation, the applicable fees will be credited to the completion of your reopened projects.
All tangible personal property (unless non-profit) is subject to Texas State sales tax if it is used within Texas or if your company has an office in Texas.
Final payment must be received by tinymill within 14 days of the invoice date. A late fee of $25 or 1% total invoice amount (whichever is greater) will be applied on the first day of each week past 30 days from invoice date. After 60 days of non-payment, the invoice will be forwarded to a collections agency, which will report the debt to creditors.
All sales are final. A 6-month credit will be offered for any over payments due to a change of initial project scope.
You agree to indemnify, defend and hold harmless tinymill, our independent contractors, affiliates, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including attorneys' fees) related to any artwork or programming that you supply or approve. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with us to the fullest possible extent.
tinymill's discovery of new information, changes, or other factors tending to circumvent our policies could result in our withdrawal. Non-cooperation; multiple missed appointments; bad or returned checks or late payments are examples of contributing factors. Should tinymill initiate the withdrawal, all fees and payments will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, the hourly rate is billed for all design services already provided, rounded up to the nearest half-hour.
You agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance, or breach of this agreement will be settled by arbitration to be held in Cowley County, Kansas in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court of competent jurisdiction. The person signing as Purchaser below or their Company and tinymill will each pay one-half of the costs and expenses of such arbitration, and each will separately pay its respective counsel fees and expenses.
By signing this agreement, a quote, or approving a job from tinymill, you acknowledge that you have carefully read, understand and fully agree to the terms and conditions. Any details not included in writing in this agreement are not binding upon either party. Should the details of this agreement be contested and result in arbitration or litigation, the prevailing party is entitled to recovery of all reasonable legal expenses. The person signing as Purchaser below will be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. The laws of the state of Kansas will govern this agreement and the courts of Cowley County, Kansas will have jurisdiction.