IMAGE Service Terms and Conditions

General
The following conditions form the basis of the agreement to provide Image services to clients. By submitting a Word+Image Inc. order form and/or by providing written confirmation of any quotations, or by purchasing a product, usage rights or obtaining any service the client expressly acknowledges to have read, understood and accepted these conditions. If Word+Image Inc. waives any of these terms on an individual basis, this shall neither affect the validity of remaining clauses nor commit Word+Image Inc. to waive the same clause on any other occasion. All rights not expressly stipulated remain reserved.

Illustration and photography conditions
All illustrations and photographic works commissioned from Word+Image Inc. and those depicted on this site and at http://michaelbrewerphotos.photoshelter.com are the intellectual and physical property of the illustrators. We rigorously protect our rights and through the use of intuitive Web crawlers regularly check for unauthorized use. If such use is detected, the user is obligated to pay the applicable usage right fees. We will pursue our legal rights by all means, collecting usage rights and any expenses incurred in the process.

Copyright
Rights for the use of all illustrations and photography produced and sold by Word+Image Inc. remain the property of the artists. Usage rights and rates are negotiated on a project basis according to how the illustration or photograph is to be used, expected number of viewers, company and project size. The prices can be calculated at http://michaelbrewerphotos.photoshelter.com and are binding.

Usage rights
Rights can also be purchased for the use of existing illustrations and photographs as depicted on this site and at http://michaelbrewerphotos.photoshelter.com. Pricing for such use is calculated on the site. Clients are legally entitled to use illustrations solely within the agreed upon scope.

Illustration/Photography credit
An illustration/photography credit and the © symbol are to be used wherever an illustration from Word+Image Inc. is depicted. The exact wording of the illustration credit will be provided by Word+Image Inc.

Subsequent use
Usage rights must be requested for any subsequent use of photographs or illustrations from Word+Image Inc., and are usually granted at a preferential rate. Exclusive usage rights can be negotiated which preclude any further sale of the illustration or photograph and unlimited use by the client.

Illustration originals
All illustration originals remain the intellectual and physical property of the illustrator. If illustration originals are provided to the client for printing or scanning purposes, they are to be returned to Word+Image Inc. upon job completion. If an original painting or illustration is sold, whether for exhibition or any other purpose, all printing rights remain with the artist, unless otherwise expressly negotiated.

Initial consultation
Illustration/photography commissions begin with a client consultation. It is the client's responsibility to provide all necessary and relevant information. The illustrator needs to know the intended purpose and usage of the illustration as well as all relevant technical requirements. The form in which it is to be communicated, in print, electronically or by other means of reproduction is vital. Other considerations are the target audience, time considerations, corporate image, accompanying text, editorial policy, among others. Based on the initial consultation, a quotation is made which includes the concept, development sketches, completed illustration and usage rights. The quotation remains valid for 30 days from the data of issuance.

Illustration process
Commissioned illustrations are always presented in an initial sketch form for client approval before final execution. Sketches can be presented on paper via the postal service, per fax or e-mail. They can range from simple pencil sketches to more complete color versions. Based on client feedback, a second round of adapted sketches is included in the illustration price. Any subsequent adaptations will be billed accordingly. The final illustration is only executed after client approval.

Additional services and materials
Any additional services required, such as extensive consultation (an initial consultation is included in the illustration price), photo shoots, services on location and materials will be billed to the client. Word+Image Inc. works with external partners to provide certain services. No liability is assumed for the products and services of such third-parties.

Delivery
Completed commissioned illustrations and photographic images are delivered either in original physical form or electronically according to client need. Delivery is made via the postal service, courier, data carrier or per e-mail. Delivery expenses are billed to the client. The illustration is considered complete upon sending per e-mail or on data carrier or sending of the original via the postal service or courier. Word+Image Inc. assumes no liability for delivery, loss or damage during delivery.
Delivery of prints, usage rights and other products on the website: http://michaelbrewerphotos.photoshelter.com/ and at http://www.redbubble.com/people/arboy28 takes place through third-party suppliers. Word+Image Inc. excludes all liability for the products and services provided by such third-parties.

Samples
For commissioned illustrations and photographs, the client agrees to provide at least 3 samples of any printed piece produced using illustrations or photographs from Word+Image Inc. The samples are to be provided within 6 weeks of project completion unless otherwise agreed.

Logos, symbols, icons, pictograms
Original logos, symbols, icons pictograms created by Word+Image Inc. are sold on an “all rights” basis. This means the client purchases exclusive rights to the image or symbol created and is entitled to its unlimited use. Word+Image Inc. cannot further sell rights to the logo and has no further claims upon it. These rights are included in the billing of logo services. Word+Image Inc. retains the right to use logos it creates in its portfolio for marketing purposes only.

Billing
Illustrations are completed for a flat rate fee, which includes the initial consultation, sketches, completion and usage rights. The fee is agreed upon before the project begins. For new clients or extensive projects a deposit of 50% of the estimated project cost will be requested before the project begins.

Payment
Payment terms and means vary from service to service. We can accept credit card payments and PayPal payments for some services and products. Please inquire. Bank transfers can be accepted globally. Our bank reference shall be provided upon order placement. Terms of payment are stipulated on the respective invoice.

Liability
Word+Image Inc. will not be liable for any damages if for any reason deadlines cannot be met.

Graphic design conditions

Copyrights
Graphic design services are provided on an “all rights” basis. That means that all usage rights are included in the price and the client is entitled to reuse or reprint designs provided by Word+Image Inc. without obtaining our permission.

Consultation
Graphic design services begin with an initial consultation in which it is the client's responsibility to provide all necessary and relevant information including, but not limited to, intended purpose and goal, target audience, scope of project, corporate image, means of distribution, budget, style preferences and more.

Quotation
Based on this consultation, Word+Image Inc. formulates a quotation including all necessary services and materials. Work begins upon client approval of this quotation. The quotation remains valid for 30 days from its date of issuance. Any changes to the expected final cost of a project due to additional client requests or for any other reason will be submitted for client approval.

Process
Based on the scope of the quotation, client input and Word+Image Inc. creativity, a concept is created to be presented in a visual form for client approval. One round of changes to the concept submitted by Word+Image Inc. and subsequent adaptation to the concept and visualization is included in the project quotation. Subsequent and extensive alterations will be billed to the client. After approval of the concept, Word+Image Inc. will carry out the project to its completion and readiness for electronic publishing or physical printing.

Services and materials
Word+Image Inc. works with external partners to provide graphic design services. Outside services and materials will be billed to the client. Word+Image Inc. excludes all liability for the quality, accuracy and timeliness of such external services. A deposit may be requested for extensive outside services or material requirements.

Printing
Word+Image Inc. works with external partners to provide printing and other production services within the scope of graphic design projects. No liability is assumed for these services. The client is entitled to a printer's proof before printing occurs. Printing services may be billed directly to the client or a deposit may be requested before the project begins. Word+Image Inc. will not be liable for any damages if for any reason deadlines cannot be met.

Special conditions for Web design

Quotation
Having received a brief of requirements from the client, either verbal or written, Word+Image Inc. will produce a quotation detailing the design work to be carried out, including all other services which may be required, such as translation or illustration. This quotation remains valid for 30 days from its date of issuance. The client must provide written confirmation that the quotation is acceptable. The quotation will effectively form the basis of this contract. This agreement constitutes the entire agreement between Word+Image Inc. and the client.

Copyrights
The client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials supplied to Word+Image Inc. for inclusion on the client's Website. The client shall indemnify Word+Image Inc. against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The client shall have full liability for the consequences of the contents of their site as long as the site reflects the client's instructions to us. The client retains all copyrights for logos, artwork, graphics and photographs they provide to Word+Image Inc. Design, graphics and programming produced by Word+Image Inc. remain the intellectual property of Word+Image Inc. unless otherwise agreed. Copyright of any CGI or Java scripts within the Website will remain the property of Word+Image Inc. for as long as the Website exists and shall not be modified or reused without the express permission of Word+Image Inc. Word+Image Inc. will produce and publish temporarily on the Word+Image Inc. Website or another appropriate Website a design proof for the client's approval. The design copyright of the proof shall remain the sole property of Word+Image Inc., until final acceptance and payment by the client. Use of the design in any respect without the express written permission of Word+Image Inc. will constitute breach of copyright.
Word+Image Inc. will release the copyrights to the Website code and graphics when payment of the final invoice for the outstanding quotation value is received in full.

Domain names
All domain names are registered in the client's name and not that of Word+Image Inc.

Disclaimer
Word+Image Inc. retains the right to refuse publication on the Web of any content which is illegal, or which it considers destructive or injurious to others.

Design approval and modifications
Word+Image Inc. will complete the design and build of the client's Website after receiving written confirmation that the design proof is satisfactory. Changes to the Website requested by the client after Word+Image Inc. has received written approval will be considered an amendment to the contract and charged separately at an hourly rate. All modifications and approvals must be confirmed in writing.

Liability
Word+Image Inc. works with external partners to provide design and programming services. All liability is excluded for such third-parties. Word+Image Inc. cannot be held liable for any information or material provided by the client and contained within the client's Website, the content of which remains the intellectual property of the client. The client is liable for any reasonable legal costs incurred by Word+Image Inc. as a result of content the client has provided and agrees to indemnify Word+Image Inc. for any awards made by a court of law. No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.
Word+Image Inc. will not be liable for any damages if for any reason deadlines cannot be met.

Domain names
Domain names and hosting services can be obtained and maintained by Word+Image Inc. on the client's behalf using third parties. The client assumes all risks regarding the solvency and performance of such third parties. We act as our client's agent in these matters, and the client accepts that the third party has sole liability to provide such services.
Word+Image Inc. shall, under no circumstances, be liable for any damages resulting from loss of profits, arising out of, or in connection with, this agreement. In particular, Word+Image Inc. will not be liable for the following: - suspension or loss of the client's domain registration; - use of the client's domain name registration; - interruption of the client's business; - access delays or interruptions to Websites accessed by the client's registered domain name; - non-delivery, improper delivery, corruption, destruction, or modification of data; - events beyond the reasonable control of Word+Image Inc.; - processing of an application for domain name registration.

Search engines
Search engine entry and ranking can in no way be guaranteed as this remains the sole discretion of the 3rd party search engine provider.

Site maintenance
Unless the client has signed a Website maintenance agreement with Word+Image Inc., it is the client's responsibility to manage and maintain the Website. Word+Image Inc. will have no further responsibility once the initial site design is complete. Word+Image Inc. will be happy to provide Website maintenance services at an hourly rate.