Terms & Conditions
The boring but necessary stuff you need to know before working with me.
‘AP Creative Co’ is Amanda Peterson dba AP Creative Co / AP Creative Company. ‘The Client’ is the party requesting design and/or marketing related services from AP Creative Co. ‘An Order’ is the request for services from AP Creative Co. A ‘Project’ is a term used to describe service from AP Creative Co.
The terms and conditions apply to all dealings between The Client and AP Creative Co. By placing an order with AP Creative Co, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.
1. Quotations and Proposals
- All proposals and quotes valid for 7 days only. For a proposal to be considered ‘accepted’ to move forward, Client must complete all 3 items included in the Proposal within 7 days: 1. Complete and Submit Accepted Proposal/Quote, 2. Sign Contract, 3. Pay First Invoice. If all 3 are not completed within 7 days of delivery of Proposal, the Proposal will be null and void and Client must request a new Proposal from AP Creative Co. AP Creative Co will consider extending timeframe of proposal upon request by Client before expiry date. AP Creative Co reserves the right to change pricing and terms at anytime (excluding any current active contracts) and cannot guarantee the same quoted price for services on new proposals.
- All prices are excluding taxes unless otherwise stated. All invoices will incur state and local tax charges.
- All prices are in United States Dollars.
- Any additional work outside the terms and scope of the quote will be charged at the hourly rate outlined in the project contract, or charged at an additional flat fee, whichever AP Creative Co deems necessary. Payment for additional work must be paid within 7 days of receipt of invoice.
- AP Creative Co is not responsible for increases in materials by third party services (eg printers, EDDM, packaging suppliers, web developers, premium design elements, etc) where the increases are beyond our control.
- Each new or special project requires a minimum three business days lead time. Client will provide sufficient notice and allow for reasonable timeframes for project completions. Rush projects of 72 hours or less and projects requiring weekend or holiday work will be subject to a 50% surcharge, payable immediately upon request. Service Provider reserves the right to refuse any project or service request.
- A 50% non-refundable booking fee is required before starting any design project over $300 (before taxes)
- A 100% full upfront payment is required for any project under $300 (before taxes).
- All overseas clients are required to pay 100% upfront regardless of the project price.
- Payments are to be made either by bank deposit transfer, credit card, or check. Check must be received and cleared by AP Creative Co before work is to begin.
- All invoice terms are 7 business days from the date of the invoice.
- Accounts which are not paid on time will incur a late administration fee of $25.
- Accounts which remain outstanding for 21 days after the date of invoice will incur an additional payment fee equivalent to 5% of the invoice for each week payment is outstanding.
- Final artwork files will not be handed over until the invoice has been paid in full.
- All projects including printing, or delivery services must be paid prior to those services being ordered.
- All work not completed within a 60 day period will be invoiced regardless.
- If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors)
- All delivered payments are considered fully earned and non-refundable, despite Client termination, cancellation or change of heart or mind about continuing project.
- The Client may cancel this Agreement for any reason by providing a minimum of 10 days written notice to AP Creative Co. Any monies paid prior to cancellation will be non-refundable.
- Additional payment is required for any artwork or drafts, that have been terminated on Client’s request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’.
- AP Creative Co may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that AP Creative Co cancels this Agreement, AP Creative Co will provide any artwork completed and paid for to date. AP Creative Co retains the right to hold any unpaid work.
4. Client Responsibilities, Turnaround & Response Times
- AP Creative Co will make every effort to meet deadlines. All quoted turnaround times are approximate. AP Creative Co will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.
- The Client agrees to also make a good faith effort to keep the project on track to meet deadlines. This means Client;
- agrees to submit completed Welcome Packet, initial questionnaires and forms, full content, copy, and any additional information requested by AP Creative Co within 7 days of submitting accepted proposal, first invoice payment, and signed contract.
- agrees to respond to all Design Proofs and feedback requests within 3 days of delivery.
- These timeframes can be subject to change only by email or other written agreement by both parties.
- In the event Client cannot respond within the above timeframes, Client will notify AP Creative Co by email that an extension is needed. Client understands that failure to respond or communicate with AP Creative Co within these timeframes may result in a project delay, voided deadlines, and/or project termination and restart fees.
- Client is responsible for furnishing all pertinent accurate, truthful, and complete information and content requested by AP Creative Co before work is to begin.
- Copy provided by Client must be provided in a text or pdf document and must be selectable to copy and paste into project. AP Creative Co reserves the right to refuse copy provided in a flat or image format, and will require Client to resubmit in correct format in order to start project. AP Creative Co is not responsible for delays due to Client’s delivery of content in incorrect formats, and has the right to extend deadlines equal to the amount of business days Client’s correct files are late.
5. Abandonment & Unresponsiveness
- In the event that Client does not respond within the contract timeframes, and 15 days has passed with no communication from Client after AP Creative Co has delivered an email requesting content or a response from Client, the project will be considered abandoned, and there will be a $150 restart fee to reopen the project and be added back to AP Creative Co’s schedule.
- The 15 day abandonment timeframe starts from the date of original delivery of feedback request to Client from AP Creative Co.
- AP Creative Co and Client both understand that life delivers unexpected challenges that may cause delays in projects. In the event that this happens, both Client and AP Creative Co agree to communicate with and notify the other as soon as possible before their next action is due and within the appropriate timeframe (see 6-CLIENT RESPONSIBILITIES, TURNAROUND AND RESPONSE TIMES).
- Approval is required for all projects, via email or design proof form prior to work being released.
- While all care is taken by AP Creative Co, AP Creative Co is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are from AP Creative Co, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval.
- Client agrees that AP Creative Co will not be held responsible for any cost or losses incurred as a result of errors or omissions, and will not hold AP Creative Co liable for any related financial reimbursements, refunds, discounts, or compensation.
- If Client requests additional revisions or small changes be made to individual projects after artwork has been approved, revisions will be charged at AP Creative Co’s hourly rate at time of new request, starting with a minimum $40 charge.
(“Small” changes rarely equate to “quick” changes– after final files are generated, going back to make revisions means having to retype and/or reformat flattened text, reformat design to fit new changes, re-flatten text, prep, generate and upload new file types, reproof and resend to Client. Sometimes small changes also have a way of triggering a butterfly effect of other changes throughout larger projects. This all takes time and is why I charge a minimum of $40 for post-approval changes).
- AP Creative Co is an online business therefore the majority of our communication is made via email. This helps AP Creative Co keep track of specific design requirements & any changes required.
- If you would like to chat on the phone or via online video meeting space or in-person meeting (Bellingham, WA only), AP Creative Co is happy to do so, however, please send an email or use a scheduling link provided to you to make an appointment for a time to chat.
Client understands that AP Creative Co is a business with other clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications on the part of the Client will not constitute an emergency for Service Provider.
Client understands that Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.
- AP Creative Co business hours are Monday-Friday, 9am -5pm, and will only be available for communication during those hours.
8. No Guarantees
- AP Creative Co cannot guarantee the outcome of design services and the client’s comments about the outcome are expressions of opinion only.
- The Client acknowledges that AP Creative Co cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by AP Creative Co.
9. Images, Printing, and Color Managing
- If Client does not provide requested imagery required for project, AP Creative Co will use stock photos as placeholders. AP Creative Co has sole usage right to use these photos in Client projects, and they may not be reused by Client in any other projects not created by AP Creative Co.
- Any images supplied by the Client must be provided in high resolution and preferably in CMYK color mode. AP Creative Co is not responsible for color variations in conversion from RGB to process CMYK.
- DAP Creative Co is not responsible for the reproduction quality of supplied images.
- While all care is taken, AP Creative Co does not take responsibility for Client supplied artwork that does not print properly.
- Please note that color on projects can vary from screen to final product. Screen proofing is not indicative of final printed piece. Printed colors can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYK printing process.
- Trimming can vary from printer to printer.
- The Client assumes full copyright and reproduction rights upon full payment of a completed project.
- AP Creative Co retains personal rights to use completed projects and concept artwork for the purpose of marketing AP Creative Co.
- All images displayed on the AP Creative Co website or social media pages are subject to copyright, and must not be copied or used without full permission from AP Creative Co and the Client. Any breach of copyright will result in legal action being taken as necessary.
11. Design Credit
- The Client allows AP Creative Co to display any projects on the AP Creative Co website / social media pages / and portfolio for self promotion purposes.
- The Client agrees to allow AP Creative Co to credit design work on all websites designed by AP Creative Co.
12. Indemnification/Release of Liability
- Client will indemnify, defend and save AP Creative Co harmless from any and all suits, costs, damages or proceedings, including, but not limited to, AP Creative Co’s services or products, pertaining to any and all litigation in which the Client is a party. Client will pay all expenses incurred by AP Creative Co including, but not limited to, all attorneys’ fees, costs and expenses incurred should AP Creative Co be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless AP Creative Co and its contractors or employees from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify AP Creative Co is not limited to any acts or omissions, statements or representations made by AP Creative Co in the performance and/or nonperformance of duties, and relating to all contractual liabilities, which may be alleged or imposed against AP Creative Co. All reasonable precautions will be taken to safeguard the property entrusted to AP Creative Co. In the absence of negligence, however, AP Creative Co will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. AP Creative Co will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc.
Additional terms and conditions may be defined in project contract. It is Client’s responsibility to review all terms and contracts. Client’s signature of contract serves as Client’s understanding and agreement to all terms outlined above and within the contract, regardless of whether Client chooses to opt out of reviewing them. AP Creative Co has the right to modify or make changes to Terms and Conditions at any time. Changes do not affect existing contracts.