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CHS Enterprises

1706 Idylwood Court

Modesto, CA 95350

(209) 480-7350

or Toll Free

(866) 533-4988

info@chsent.info

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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FAQ - How We Work


All clients must read and agree to the points laid out below.

CHS Enterprises will not knowingly enter into any contract whereby the other party's terms conflict with any of those set out below. Should it happen that a client's own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of CHS Enterprises. By entering into a business relationship with CHS Enterprises, you (the Client) agree and consent to the following terms and conditions:

TIMEFRAME AND DELIVERY

CHS Enterprises will provide the initial draft concepts to the Client within the timeframe agreed upon in the initial consultation. Please note that if we are experiencing higher than usual demand, your design will be scheduled for the next available time slot and you will be notified at the earliest possible time. CHS Enterprises will post the initial designs in an email or to a web site for review by the Client. The Client will then be able to view his/her draft designs and also be able to provide feedback concerning the design.

CHS Enterprises will analyze the Client's feedback and revise the designs. The revised samples will be presented to the Client within the specified timeframe. Regular working days are Monday through Friday, 8am - 5pm Pacific Standard Time, excluding holidays. CHS Enterprises will continue the revision process as per the terms of the specific contract, until Client is satisfied. Once the Client has approved the final design, the Client will complete any remaining payment owed, and CHS Enterprises will then proceed with the delivery phase. All requested formats of the approved logo are then emailed or posted to the client download area for the Clients use.

COPYRIGHT / TRADEMARKS

The Client unconditionally guarantees that any element of text or graphics furnished to CHS Enterprises for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect CHS Enterprises from any claim or suit arising from the use of such as furnished by the client.

CHS Enterprises makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, CHS Enterprises' liability is limited only to a refund of the paid amount. CHS Enterprises will do no research checking on the legal availability of the name we are creating designs for. It is the Client's responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client's sole responsibility to secure a service mark or trademark to protect the rights to any name or image. CHS Enterprises and it's employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

Ownership of the final artwork becomes the full property of the Client, having unlimited, indefinite and unrestricted use of the design, only upon payment of all fees owing. Until the contract is paid in full, all materials remain property of CHS Enterprises. CHS Enterprises retains the right to display the artwork / website in their portfolios and marketing materials. Unless otherwise arranged with your project manager, all stock photography is used under royalty-free license of CHS Enterprises. As such, the Client has legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency. Exclusive, rights-managed photography is available, but will incur additional cost.

All concepts furnished to the client are for client review and comment purposes only. Until all project invoices are paid in full by the Client, CHS Enterprises will retain exclusive copyright and ownership of all design and draft materials. Ownership of final designs are transferred to the client on payment of all fees, however unless otherwise arranged in writing, CHS Enterprises retains ownership of all draft materials not used in the final design.

DRAFT CONCEPT POLICIES AND COPYRIGHT

All draft concepts previewed by the client are for client review and comment purposes only. Until final design balance is received by CHS Enterprises, all logos, artwork, concepts and designs remain the copyright and exclusive property of CHS Enterprises. CHS Enterprises reserves the right to utilize and/or reproduce any image, logo or illustration created by CHS Enterprises in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited royalty-free use of the image upon full payment of all fees. CHS Enterprises retains the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork, and is granted the right to use these logos in promotional and advertising and marketing materials.

REVISIONS AND AUTHOR ALTERATIONS

Any and all revision requests or project additions/alterations MUST be furnished to the project manager in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, either by Email, Mailed Letter or Fax. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the project quotation. Revision work is not done free of charge unless otherwise arranged, in writing.

The quotation assumes a reasonable average number of revisions per design item, but on very rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions. Any and all revisions will still incur the hourly rate as noted on the project quotation, and the Client confirms that any revisions or additions they request will incur this cost.

PAYMENT POLICIES

Graphic design, photography and website design are professional services, not a restockable product or commodity - customers are billed for the time and expertise of our designers, art/creative directors and project managers. In accordance with industry standards, CHS Enterprises charges for design services by the hour (unless a flat fee has been negotiated in writing) and does NOT offer refunds under any circumstance (except in the case of copyright infringement as noted above).

CHS Enterprises does NOT engage in speculative work and will not honor any requests for same (see www.no-spec.com for more information about spec work). We have provided an extensive public portfolio, making it easy for potential clients to judge whether the style and quality of design offered by CHS Enterprises is a good fit for their organization.

All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Final invoices will reflect actual hours worked on your project which may or may not differ from your quotation. The final invoice will not exceed the quoted amount by a margin of over 5% without prior notification and written authorization by the client.

An upfront deposit of 50% (based on the quotation amount) is required for all new projects.

Preferred clients requiring long term and ongoing design work will be placed on a monthly billing cycle, which will allow said client to skip the quotation/deposit phase. Clients on monthly billing will be invoiced on or around the 22nd of each month.

Deposits and payments may be made in a number of ways:
- Credit Card (Visa, Mastercard, American Express or Discover - via PayPal)
- Company or Certified Cheque
- Bank or Wire Transfer
- Money Order or Bank Draft

We are happy to submit invoices in your local currency, however please note that credit card payments will require conversion to $USD. If your invoice is in another currency, you are still welcome to pay by credit card, but your total will be automatically converted by our gateway to $USD during processing.

All invoices are payable on receipt, net 14 days. If the client is sending payment through the mail, we will accept a tracking number as notice of payment.

• Inactive Status
If there has been no activity initiated by the client on a project in 30 days, but the client has been responsive to status requests by the project manager, said project will be classified as “inactive”. Inactive projects are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time. If your project is incomplete and you have received an inactive project invoice, please rest assured that you are being invoiced only for work actually completed to date, and that you are welcome to re-open the project at any time. Upon payment of your invoice, you will have rights to request delivery of any design files (complete, or otherwise).

• Delinquent Status
After 30 days, a late payment charge of 2% per month (26.82% p/a) is applied to all delinquent accounts, without exception and retroactive to the date of invoice. If the account remains in default after 60 days, or if the customer's payment is charged back to us by way of credit card fraud, cheque fraud or other crime, we will issue one final notice before turning the account over to a third-party collections agency. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. Refusing to pay your bill is theft, and we take it very seriously. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will revert to CHS Enterprises. In such a case, we will retain the right to repossess any and all materials created for the client. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.

• Abandoned Status
If a client should abandon a project by way of negligence (e.g., cutting off contact, refusing to respond to emails or phone calls), an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Abandoned projects are also subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.

CHS Enterprises Website

Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of CHS Enterprises. All rights reserved. All other images are the copyright and/or trademark of the respective owners.

The information presented on the CHS Enterprises web site is copyrighted to CHS Enterprises. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners.

Designs, original art and clip art presented by CHS Enterprises are for the use of the authorized client. All art, images, designs, and material are copyright of CHS Enterprises and may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of CHS Enterprises and the images contained within.

This web site has been PICS labeled as suitable for all ages by SAFESURF, and our staff support their aims in the areas of protecting children from potentially harmful material whilst simultaneously maintaining the protection of freedom of publication on the Internet.

Visitors are permitted, and encouraged to link to this site. You are welcome to link to any page or section of the CHS Enterprises web site. Any form of reproduction, electronic or otherwise is strictly forbidden without prior written consent of CHS Enterprises or its agents.
 

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CHS Enterprises

(209) 480-7350

or Toll Free

(866) 533-4988

 

info@chsent.info

 

 

© 2009 CHS Enterprises

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