Belladia Marketing and Design shall be held harmless from any actions taken by clients, from their use, misuse, or misrepresentation of materials created for print, web, or other medium. Information or content gathered by client is the sole responsibility of the client.
Third-party providers: We take great care in providing you reliable and reputable technology through third-party vendors. However, Belladia Marketing and Design cannot guarantee these vendors will not make changes to their products, terms, or conditions of service.
Neither party is responsible for breach of contract as a result of Acts of God; including but not limited to fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
This document contains the sole agreement between the parties of this document and it correctly sets out the rights and obligations of each party. Any prior agreements, promises, negotiations or representations not expressly set here have no force or effect. Modifications to this agreement may only be made in writing signed by both parties.
In the event of cancellation of work, Belladia Marketing and Design retains ownership of all original artwork and design concepts. Client is responsible for prorated design time at $80 per hour and all expenses incurred by Belladia Marketing and Design on client’s behalf. If client later uses designs or concepts, full fee is due to Belladia Marketing and Design.
Any dispute or claim arising under this Agreement shall first be submitted to mediation and if not resolved by mediation, the parties shall immediately engage the American Arbitration Association (San Diego Office) and submit the dispute to binding arbitration.
Payment and Terms
To begin work, a deposit is required. Prices quoted at this time are based on the scope and complexity of this job as outlined on this date. New design requests and changes of design parameters are welcome but may incur additional design fees. New time lines may be necessary depending upon complexity of changes. Client will be advised if any requests or changes will increase fees more than 10% above this original proposal.
Client responsible for materials such as stock photos, paper, inks, project supplies and other expenses related to the project. Domain and hosting charges incurred by Belladia Marketing and Design are to be reimbursed by client. Belladia Marketing and Design assumes no liability of printing other than file preparation to industry standards. Client assumes responsibility for accuracy of all text and images.
**IMPORTANT INFORMATION ABOUT PROOFING**
PLEASE PROOFREAD CAREFULLY! Final approval for accuracy is your responsibility. Belladia Marketing and Design is not responsible for incorrect information provided by you or for errors which were not detected upon review of the proof. There will be a charge for corrections to the file after the final approval, regardless of the party at fault.
FURTHER PROGRESS CANNOT BE MADE ON YOUR PROJECT UNTIL PROOF HAS BEEN RETURNED. Delaying the proof could cause a delay in completing your job.
ALL ADS MUST BE APPROVED BY YOUR COMPLIANCE DEPARTMENT. By approving the proof, you are confirming that you have received the appropriate approval from your Compliance Department. Belladia Marketing and Design is not responsible for getting approval from your Compliance Department and is not liable for any claims stemming from unapproved marketing materials.