Terms And Conditions Of Services
By purchasing services from Blue Harvest Creative Concepts, LLC, and by viewing this website, you as the client agree to the below terms and conditions.
Blue Harvest Creative Concepts, LLC reserves the right to change its terms and conditions by updating this page. Please check this page periodically for changes.
These terms and conditions are effective as of August 1, 2011.
Blue Harvest Creative Concepts, LLC
Hours of Operation:
Monday - Friday: 8 am to 5 pm
Closed Weekends & Holidays
Located in Southeast Michigan -
Creating for the World
© 2011 Blue Harvest Creative Concepts, LLC. All Rights Reserved. Blue Harvest Creative and Just Add Blue are trademarks of Blue Harvest Creative Concepts, LLC.
- Our no-obligation quotes are provided free of charge.
- We reserve the right to refuse to quote a project for any reason. Examples of this include projects that contain harmful, unlawful, adult or questionable material.
- Please allow two business days to receive a response. Sometimes we will require additional information from you in order to provide an accurate quote.
- Occasionally unexpected fees arise during the course of a project. If this should occur, the client is always consulted and asked to approve any charges that exceed the quoted price. In some cases, such additional charges may require a signature for approval or advance payment.
- The final cost of a project may include additional charges for outsourced vendors (printing, shipping, etc.), travel, surcharges, as well as any other related products, services and work related activities. All expected fees are included in the quote.
- Client understands and agrees that their input is required and necessary for the completion of their project. Inquiries made by Blue Harvest Creative Concepts, LLC to the client are expected to be answered in a timely manner. Client acknowledges that a failure to respond or cooperate in a timely manner could result in an extension to the project deadline.
- Should the client terminate a project for any reason, Blue Harvest Creative Concepts, LLC will retain the 50% deposit. Additionally, client will be billed based on the amount of work completed if over 50% complete. (Example: If the project is a brochure and it is cancelled when 75% of this project is complete, this will result in a final payment due of 25% of the remaining project cost.)
- Blue Harvest Creative Concepts, LLC will grant clients project extensions if they are needed. Please note that if an extension is requested prior to receiving the project deposit, we reserve the right to re-quote the project after 90 days. If an extension is requested after commencement of project, please note that it will not affect the original payment due date for the final payment.
- Delays in reviewing and approving a project may result in client receiving final invoice before project is completed. We normally estimate five business days for a client to review, approve or request revisions to a project.
- In cases where project completion is delayed due to failure of client to issue feedback or approval in a timely manner, Blue Harvest Creative Concepts, LLC will issue the final invoice 30 business days after project was submitted to client for review. For larger projects or at our clients' request, we may extend this deadline.
- This will not result in Blue Harvest Creative Concepts, LLC terminating or canceling the project. We will still accept any requests or approvals and finalize the project after the final invoice has been processed and paid for up to one year from the final invoice date.
- We retain the right to assess and handle project interferences on a case-by-case basis. The terms outlined herein provide a general guide as to what clients may expect in the case of unforeseen events.
- If circumstances change and you need to put your project on hold, you will be locked in to your quoted price for a period of 90 days from your estimated start date. After 90 days, your project will need to be reassessed at current rates. If you decide not to proceed, all deposits are forfeited and any graphics, layouts or mock-ups will remain the property of Blue Harvest Creative Concepts, LLC.
- Once payment has been received and work on your project has commenced, the client must be available via email, able to answer all questions and complete tasks as requested throughout the project process. Communication with Blue Harvest Creative Concepts, LLC is defined as via email. This is to ensure that all communication is in written form and no discrepancies can occur for both parties. There will be occasions when either the client or Blue Harvest Creative Concepts, LLC will need to communicate by phone. When situations of these types arise, a telephone time will be arranged that is mutually convenient for both parties. Telephone calls must be during our normal business hours of operation and do not include holidays. After any telephone communication, Blue Harvest Creative Concepts, LLC will send an email to the client as a record of the communication. It is the responsibility of the client to acknowledge these emails.
General Specifications For All Project Types
- Project begins upon quote acceptance. Deadline is based on project commencement.
- Quote acceptance and project commencement: The quote is considered accepted and the project commences when Blue Harvest Creative Concepts, LLC has received the deposit along with any and all documents or materials that are defined as necessary to begin the project.
- Because Blue Harvest Creative Concepts, LLC offers many different types of services and projects, these terms and conditions are intended as a general overview. All quotations will be issued with our guidelines for each specific project or service requested. For example, if your project is for a book, we will include the specific guidelines necessary to that particular project.
- All project work is sent and received electronically via email or an online file sharing application.
- Royalty-free images are used for projects requiring images.
- We use Microsoft Word for files of a written nature, such as writing web content, press releases, etc. Other file formats such as PDF or Microsoft Works are available upon request, however, the client must notify us prior to beginning the project.
- All graphic projects are designed in Adobe CS. Files of this nature will be provided in PDF form for review and approval.
- Links are provided for website design review and approval.
- Every project is reviewed with the client prior to commencing. Depending on the project type, mock-ups or layouts may be provided.
- Every project includes one round for minor revisions in which the client may review the design and request changes. We will complete all minor changes (as included in the project) and then submit the project for final approval.
- A revision is not a rewrite or a major redesign.
- Any major rewrites or major redesigns requested will incur additional charges at an hourly rate.
- As the client, you authorize Blue Harvest Creative Concepts, LLC to install any scripts, software or programs relevant to any web design project and to access your website account through your hosting service panel and FTP.
- As the client, you agree to provide Blue Harvest Creative Concepts, LLC with the login information and passwords necessary for any projects that require this information. Projects of this nature are normally for websites (if you are not hosting on our server) or social media applications but could pertain to others as well.
- Blue Harvest Creative Concepts, LLC reserves the right, and you hereby agree, to assign subcontractors to projects to ensure that the terms of this agreement are met as well as for project due date completion.
Intellectual Property, Copyrights and Trademarks
- The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other material furnished to Blue Harvest Creative Concepts, LLC for inclusion in any project executed by Blue Harvest Creative Concepts, LLC are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Blue Harvest Creative Concepts, LLC and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such materials furnished by the client.
- All material created by Blue Harvest Creative Concepts, LLC is owned and copyrighted by Blue Harvest Creative Concepts, LLC until final payment for work is received as outlined in work agreement. Copyright automatically transfers to the client when final payment is received. If final payment should not clear or is revoked, ownership remains with or transfers back to Blue Harvest Creative Concepts, LLC.
- All graphics, illustrations and layouts are intended to be kept whole as given to the client. All work done by Blue Harvest Creative Concepts, LLC may not be used by anyone else but the specified client for the purpose for which it was originally designed. All preliminary mockups to include graphics, layouts, etc., which are not selected by the client remain the full property of Blue Harvest Creative Concepts, LLC and may be used in future projects for other clients.
- Blue Harvest Creative Concepts, LLC retains all rights to display artwork in portfolios and advertising materials. Testimonials from clients may be posted on our website at www.blueharvestcreative.com.
- All website designs by Blue Harvest Creative Concepts, LLC require a text link back to www.blueharvestcreative.com unless other arrangements have been made. The client guarantees that links back to www.blueharvestcreative.com will remain in place until that website design is no longer published on the internet. Removal of this link without approval of Blue Harvest Creative Concepts, LLC is in violation of this agreement and subject to breach of contract.
- Any service purchased from Blue Harvest Creative Concepts, LLC is provided “as is” without warranty of any kind that the project will be uninterrupted or error-free. In no event will Blue Harvest Creative Concepts, LLC be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any Blue Harvest Creative Concepts, LLC service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party ecommerce programs, or your site visitor's computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
- Blue Harvest Creative Concepts, LLC’s total liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services, which are the subject of any such claim.
- In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising. In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
- All correspondence and documents provided will be treated as confidential between the client and Blue Harvest Creative Concepts, LLC.
- Blue Harvest Creative Concepts, LLC is located in Michigan. These terms shall be construed in accordance with and governed by the laws of the State of Michigan, U.S.A., without regard to principles of conflicts of law, or location of the client. Each party consents to the exclusive jurisdiction and venue of the courts of Wayne County, Michigan for the resolution of any action arising out of these terms and any claim must be filed in these courts.
- We accept personal or business checks and money orders. All payments must be in U.S. dollars.
- A non-refundable deposit is required in advance for 50% of the total project cost at the start of the project. The remaining balance is due upon project completion.
- For projects $250 or less, Blue Harvest Creative Concepts, LLC requires 100% of total payment in advance before starting on the project.
- All deposits and payments are non-refundable.
- Expedited projects or those with a lead-time of less than one week will require full payment in advance.
- Projects do not commence until the deposit has been received in full. If payment is made by check, project commences after the check has cleared.
- All quotes, contracts and invoices are sent and processed electronically (via email). A printed copy will only be provided at a client’s request.
- Final payment is due at project completion. Project completion is defined as when the first final draft is sent to client. Revisions are performed after project completion and therefore requests for revisions do not alter the payment due date. All print design and electronic advertising files will be submitted to the client via lo-resolution, watermarked PDFs. Upon final payment being received, client will receive final hi-resolution, non-watermarked files. For electronic files such as websites, project will remain unpublished to the web until final payment is received. Files can also be provided on CD at an additional charge to client.
- Any non-payments will be pursued through a collections agency.
- Blue Harvest Creative Concepts, LLC is committed to protecting its clients’ privacy and operates in full confidentiality.
- Information and documentation provided by the client will not be distributed, published or otherwise shared in any way without the express consent and permission of the client.
- We reserve the right to create, publish, and distribute our list of clients as part of a portfolio. The client list will not include any client contact information or project details other than the services provided for that specific project. This list may include the use of a client’s logo and company name. Clients who do not want to be included on such a list must make a request in writing, via email, prior to project completion. All such requests will be honored.
- We reserve the right to use creative work rendered in a private or published portfolio. Blue Harvest Creative Concepts, LLC may also share links to work rendered privately upon request by prospective clients. Clients who do not want their projects included in a public or published portfolio must make a request in writing, via email, prior to project completion. All such requests will be honored.
- We reserve the right to provide examples of our work for our clients or links to our clients’ websites for the purpose of our private and published portfolio or for the promotion of our clients’ services. Examples of such links would be in portfolios, in social media applications, on www.blueharvestcreative.com or one of Blue Harvest Creative Concepts, LLC’s blogs such as Wordpress, etc. Clients who do not want to be included in such promotion and manner must make a request in writing, via email, prior to project completion. All such requests will be honored.
- We reserve the right to display case studies for work performed for our clients on our website, portfolio or elsewhere. Case studies are an in-depth analysis of work performed by Blue Harvest Creative Concepts, LLC for the client and are used as a means of promoting the services provided and the results achieved by Blue Harvest Creative Concepts, LLC to prospective clients.
- Our rights to portfolio use are applicable to all work we complete, including work created through or as a third-party service or sub-contractor.