By paying a deposit, you agree to the following terms and conditions:
Deposits include 2 rounds of edits for each printed item listed. Any additional rounds will be charged at an additional $10 each edit. A round constitutes a PDF proof sent via email. Once design is complete and printing method and paper have been solidified, the client will be invoiced for remaining balance. Payment of full balance is due prior to the release of files to printer.
Pomp shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Pomp, including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of printing facility, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
While Pomp takes all care to avoid errors, Pomp accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the client’s responsibility to proof read and approve all final copy before the production of artwork. The email verification of the client’s representative shall be conclusive as to the approval of all artwork prior to its release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due to oversights by the client’s proof reading.
It is agreed that the Pomp is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing and/or via email), committed to print or posted in view of the public. Pomp will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify Pomp of any such errors during the revision cycle and before the final files have been generated. In the event of a need to reprint due to errors in content, the client must inform Pomp within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment. As with all print projects, payment for re-printed projects MUST be prepaid.
With all printing there may be some colour variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Pomp.
Rights and Ownership
All services provided by Pomp Creative under this Agreement shall be for the exclusive use of the client or its assigns other than for the promotional use of Pomp Creative in its marketing. Pomp Creative will have the right to add the client’s name to its client list and the right to enter the work into design competitions.
Upon payment of all fees and expenses, the following reproduction rights for all approved final designs created by Pomp Creative for this project shall be granted: all final drawings, artwork, specifications, and other visual presentation materials shall be permitted the Client.
The client shall be entitled to full possession of such materials for the purpose of reproduction.
All preliminary concepts and visual presentations produced by Pomp Creative remain the property of Pomp Creative and may not be used by the client without the written permission of Pomp Creative.
Pomp Creative shall retain all artwork, drawings, and specifications, for which reproduction rights have been granted for a ninety (90) day period from the date of the signing of this Agreement. Upon expiration of this period, all such materials may be destroyed unless the client has requested, in writing, that they be retained and agrees to pay reasonable storage charges.
Due to the nature of branding projects, Pomp Creative does not offer returns or refunds.
Termination of Agreement
With reasonable cause, either party may terminate this Agreement upon giving 5 days’ written notice of termination.
Upon termination of this Agreement by the client or by Pomp Creative, the client shall pay Pomp Creative for all hours expended on the Project, up to the date of termination, at a $250 rate per hour together with all other amounts due hereunder.
If, after the client has approved the design, the client or any other authorized person requires changes that require additional services from Pomp Creative, the client shall pay all fees and expenses arising from such changes as additional services.
If scope of work extends past what is agreed upon in the signed contract, Pomp Creative will promptly notify and discuss the possibility of needing a price addendum with the client. This Agreement contains the entire agreement and understanding of the parties with respect to the matters covered herein, and may only be modified by written instrument signed by client and Pomp Creative.
Independent Contractor Status and No Partnership
Pomp Creative is an independent contractor, not Client’s employee. Pomp Creative and the client agree to the following rights consistent with an independent contractor relationship:
Pomp Creative has the right to perform services for others during the term of this Agreement.
Pomp Creative has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed.
Pomp Creative has the right to hire assistants as subcontractors or to use employees to provide the services required by this Agreement.
Pomp Creative or Pomp Creative’s subcontractors shall perform the services required by this Agreement. Client shall not hire, supervise, or pay any assistants to help Pomp Creative.
The client shall not require Pomp Creative nor Pomp Creative’s subcontractors to devote full time to performing services required by this Agreement.
This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts on the other’s behalf.
Local, State, and Federal Taxes
The client will not withhold any tax from any payment to Pomp Creative. Pomp Creative is responsible for paying all its applicable state, federal, and local income taxes.
The charges included in the “Payment” do not include taxes. If Pomp Creative is required to pay any federal, state, or local sales, use, property, or value-added taxes based on the services provided under this Agreement, the taxes shall be billed to the client separately. Pomp Creative shall not pay any interest or penalties incurred due to late payment or nonpayment of such taxes by Client.
All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows:
when delivered personally to the recipient’s address as stated in this Agreement.
3 days after being deposited in the US mail, with postage prepaid to the recipient’s address as stated below in signature, or
when sent by email to the last email address of the recipient known to the person giving notice. Notice is effective upon receipt, provided that a duplicate copy of the notice is promptly given by first-class mail, or the recipient delivers a written confirmation of receipt.
The client and Pomp Creative recognize that:
Pomp Creative’s original cost estimates may be too low due to unforeseen events or to factors unknown to Pomp Creative when this Agreement was made.
The client may desire a mid-project change in Pomp Creative’s services that would add time and cost to the project and possibly inconvenience Pomp Creative, and other provisions of this Agreement may be difficult to carry out due to unforeseen circumstances.
If any intended changes or any other events beyond the parties’ control require adjustments to this Agreement, the parties shall make a good faith effort to agree on all necessary particulars. Such agreements shall be put in writing, signed by the parties, and added to this Agreement.
If any legal action is necessary to enforce any of the provisions in this Agreement, the prevailing side shall be entitled to reasonable attorneys’ fees, costs, and expenses in addition to any other relief to which it may be entitled.
This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Maryland.
The parties agree that all their disputes arising out of or in connection with this Agreement shall be conducted in Anne Arundel County, Maryland.
The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties.
The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.
If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
Statement of Confidentiality
In consideration of and as a condition of Pomp Creative providing confidential information to the client the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this agreement, agree that all written and oral information and materials disclosed or provided by Pomp Creative to the client under this agreement is confidential information regardless of whether it was provided before or after the date of this agreement or the manner in which it was provided to the client.