Terms of Engagement

Agreement to work with Erica Miller Design, submission of a design brief, and payment to Erica Miller Design  constitutes agreement to the following terms and conditions:

1. FEE PROPOSALS
1.1. Fees quoted by Erica Miller Design are based on the original brief provided by the Client. Any variations to the project scope may result in additional costs, which will be discussed and approved by the Client before commencement of work.
1.2. Fee proposals are valid for 14 days from the date of proposal.
1.3. The full fee is payable upon commencement of work, unless otherwise agreed, in which case a 50% deposit is required to initiate work. The remaining balance must be paid in full before the release of files or launch of the website.
1.4. Projects totalling under $1,500 require full payment upfront.
1.5. Copyrights remain with Erica Miller Design until all invoices are paid in full.
1.6. If the project is paused by the Client for 10 business days or more, Erica Miller Design reserves the right to issue a progress payment invoice. The remaining balance will be due upon project completion.
1.7. Font licenses, image manipulation, and stock imagery purchase are not included unless specified and will incur additional charges.

2. AUTHOR'S REVISIONS
2.1. All design projects include 2 rounds of minor revisions. Additional revisions will be charged at an hourly rate of $145 INC GST.
2.2. Revisions must be provided by the Client clearly and concisely. Comment markup in PDF format is preferred.

3. PROJECT REQUIREMENTS
3.1. Images must be supplied at 300PPI or higher with a minimum size of 1000px wide.
3.2. Logos should be provided in high-resolution PDF, EPS, or AI format, along with any available style guides.
3.3. Word documents should include page breaks and selectable text.

4. STOCK IMAGERY
4.1. Stock photography may be used in designs at an additional cost of $145 INC GST for a standard license. Enhanced/extended licenses are available upon request.

5. CANCELLATION
5.1. If a project is canceled, Erica Miller Design reserves the right to invoice for all work and expenses incurred. Unused concepts, designs, or ideas remain the property of Erica Miller Design.

6. NATIVE FILES
6.1. Native design files are not included but can be provided for an additional fee equal to 50% of the original project cost.
6.2. Erica Miller Design retains the right to use artwork and materials for promotional purposes.

7. TIMEFRAMES
7.1. Efforts will be made to meet deadlines, but turnaround times are approximate. Erica Miller Design is not liable for any costs due to late delivery.

8. URGENT PROJECTS
8.1. Express fees may apply to urgent projects depending on the level of support required.

9. PREPRESS APPROVAL
9.1. The client is responsible for proofreading and checking projects for errors before final approval.

10. COLOUR ACCURACY
10.1. Colour variations may occur between screens and printed pieces. Printed colours can also vary due to the printing process. Ordering a printed proof is recommended.

11. WEBSITE DEVELOPMENT
11.1. Erica Miller Design may accredit completed website designs in the footer.
11.2. Cross-browser checks are performed during the launch process.
11.3. Website layout and colours may vary across devices.
11.4. The client is responsible for website hosting and domain name registration unless Erica Miller Design has been engaged to provide these services.
11.5. Website CMS updates are the client's responsibility, additional technical support may incur fees.
11.5 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. 11.6 The website hosting service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
11.7 In no case shall Erica Miller Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. PRINTING
12.1 All print projects and re-printed project must be paid in full prior to production.
12.2 It is agreed that Erica Miller Design is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print orposted in view of the public.
12.3 Erica Miller Design will not be held responsible for and changes or amendments made after approval. It is the sole responsibility of the client to notify Erica Miller Design of any such errors during the revision cycle and before the final files have been generated.
12.4 In the event of a need to reprint due to errors in content, the client must inform Erica Miller Design within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
12.5 With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Erica Miller Design.

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