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TERMS AND CONDITIONS

Agreement between SIMPLIFIED GRAPHICS STUDIO, LLC and CLIENT identified on this order.
The CLIENT listed below is subject to the following terms and conditions.
GENERAL WORKING AGREEMENT � This document defines the terms and conditions of our working relationship. All projects or services that SIMPLIFIED GRAPHICS STUDIO, LLC may be contracted to produce or provide for CLIENT will be subject to the following:

PRICING/RATES � The "designed, printed & delivered" special package includes 2 hours of graphic design, printing, and shipment of product. Should a design take longer than 2 hours, CLIENT will be billed the regular rate of $60/hour for each hour beyond the initial 2 hours included in the package.
PAYMENT/ESTIMATES � CLIENT agrees to pay the "designed, printed & delivered" special package promotion to SIMPLIFIED GRAPHICS STUDIO, LLC to initiate work. Should a job measure beyond time to build, SIMPLIFIED GRAPHICS STUDIO, LLC will advise CLIENT and generate an estimate to complete the project. CLIENT must pay any extra billable hours before product will ship. Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is 18% per annum or 1.5% per month. We reserve the right to refuse completion or delivery of work until past due balances are paid. Estimate: Billing will reflect the actual costs incurred. Valid for only 30 days from date on estimate. Client requested changes will be billed additionally. The client will be notified of any price changes.
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. Expenses are itemized on each invoice. Expenses are subject to New Mexico sales tax unless 1) You are a nonprofit organization; or 2) the work is for resale and you have submitted a resale certificate to SIMPLIFIED GRAPHICS STUDIO, LLC. If consultant or supervisory services are required in out-of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.
REVISIONS AND ALTERATIONS � New work requested by CLIENT and performed by SIMPLIFIED GRAPHICS STUDIO, LLC after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Author�s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
OVERTIME � Estimates are based on a reasonable time schedule, and may be revised to take into consideration your � Priority Scheduling� requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, outside suppliers such as service bureaus charge a 100% to 200% markup on overtime after 5:30pm and weekends.
NATURE OF COPY � CLIENT agrees to exercise due diligence in its direction to SIMPLIFIED GRAPHICS STUDIO, LLC 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 SIMPLIFIED GRAPHICS STUDIO, LLC prepares.
ERRORS AND OMISSIONS � It is the CLIENT�S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. SIMPLIFIED GRAPHICS STUDIO, LLC is not liable for errors or omissions. Your written approval, or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
TELECOMMUNICATIONS � CLIENT shall pay for all transmissions charges. The SIMPLIFIED GRAPHICS STUDIO, LLC 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.
ALTERNATIVE PRODUCTION � If you select your own vendors, other than those affiliated with 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. Additionally, we will bill at the standard $60/hour rate and the "designed, printed & delivered" promotion will automatically become invalid.
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, SIMPLIFIED GRAPHICS STUDIO, LLC 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, including but not limited to photography and or illustration created by independent photographers or illustrators retained by SIMPLIFIED GRAPHICS STUDIO, LLC, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of �All Rights� (A Buyout) is negotiated with SIMPLIFIED GRAPHICS STUDIO, LLC 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 use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project. We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, newsletter, 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. There upon, 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 thirty (30) days written notice. 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, SIMPLIFIED GRAPHICS STUDIO, LLC will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold SIMPLIFIED GRAPHICS STUDIO, LLC harmless for any loss or expense (including attorney�s fees), and agree to defend SIMPLIFIED GRAPHICS STUDIO, LLC in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertions made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
PRODUCTION SCHEDULES � Production schedules will be established and adhered to by both CLIENT and SIMPLIFIED GRAPHICS STUDIO, LLC, 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 SIMPLIFIED GRAPHICS STUDIO, LLC. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly.
ADDITIONAL PROVISIONS � The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of New Mexico applicable to agreements entered into and performed in the State of New Mexico. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney�s fees, court costs, and interest at the maximum rate permitted by law.