Gray’s Design is a full design studio that provides: graphic design, web design, web site
maintenance, domain name registration, web hosting, html, validation, search engine
optimization, marketing and promotion, print brokering service with high quality and affordable
prices.

We provide the graphic design, web design, html validation, Meta Tags creation, marketing
and promotion at home and the other services through our providers network.
Prices on domain names, web hosting packages and web traffic enhancement may vary without notice.
We limit the number of clients and projects per month so we can provide with an individualized, high level of service and good turn- around time.

Gray’s Design graphic, print and web policies

Initial consultation meetings, e-mails or phone calls where we discuss your aims and needs for a project are free.
Property Rights. The elements of design work for the project remain the designer’s property whether or not the project is executed. If client chooses to terminate the website, logo design or stationery at any time in the future, Gray’s Design reserves the right to always retain both printed and online samples for promotional use.

Approval of Final Artwork. The Client shall proofread and approve all final type before the production of artwork. The signature of the Client’s Representative shall be conclusive as to the approval of all artwork, drawings and other items prior to their release for printing, fabrication, or installation. Gray’s Design does not offer proofreading, editing or copywriting. NO refunds or reprints are given after a final approved design has gone to print.

Rights. Other than for the promotional use of the Designer, all services provided by the Designer under this Agreement shall be for the exclusive use of the Clients said purposes ONLY. Designs may not be used for other promotional items, website or printed materials without permission. Price will depend on usage. Upon payment of all fees and expenses, reproduction rights for all approved final designs created by the Designer for this project shall be outlined in the original estimate. For further usage, price will be based on a case by case basis.

Ownership. All drawings, artwork, specifications, and other visual presentation materials remain the property of the Designer. The Client shall be entitled to temporary possession of such materials only for the purpose of reproduction after which all materials shall be returned, unaltered, to the Designer.

All preliminary concepts and visual presentations produced by the Designer remain the property of the Designer and may not be used by the Client without the written permission of the Designer. Artwork or concepts may not be given to other artists to alter, reproduce or post online in any way without express permission of Gray’s Design.

The Designer shall retain all artwork, drawings, and specifications, for which reproduction rights have been granted for a specified 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. The Client shall have reasonable access to all such materials for the purpose of review. The specified time for the Designer to retain such materials shall be two years.

Credit. The Designer shall have the right to include a credit line with live link to Gray’s Design website on any website developed by Gray’s Design at the very bottom of each page or in any publication of the design by the Client. The Client shall not, without written approval, use the Designer’s name for promotional or any other purposes with respect to these designs.

Liability of Designer. The Designer shall take reasonable precautions to safeguard original or other materials provided by the Client. The Designer shall, however, not be liable for any damage to, or loss of any material provided by the Client, including artwork, photographs, or manuscripts, other than or on account of willful neglect or gross negligence of the Designer. Although Gray’s Design may recommend that the client utilize the services of various trades people, Gray’s Design shall have no liability for payment to these trades people, nor shall Gray’s Design have liability as a result of any services or product or materials by said trades people

Payment of Fees. Fees are due and payable on the following schedule: 50% non-refundable deposit, 50% upon completion. Deposit MUST be received for work to begin. Payment is due in full before designs are given out or websites are uploaded.

Projects are billed either hourly or on a project-fee basis, depending on the project. For work contracted on an hourly fee basis, advance equal to the pay for 6 hours work Is needed, per project.

Payment
Payment by check, Visa or Master card accepted.
Overdue payments are subject to interest charges of 2.0 percent monthly. Returned checks are subject to a processing fee of $30.00, as well as an overdue payment charge, if applicable.

Termination. Either party may terminate this Agreement upon giving written notice to the other as specified below. Upon termination the Designer may retain any initial payment and the Client shall pay the Designer for all hours expended on the Project, up to the date of termination, at the Designer’s standard rates together with all other amounts due hereunder.

Refunds. Once a project has been designed in full according to the agreed upon project, no refunds are given after design has been approved. If more than the agreed upon number of layouts is provided along with revisions no deposit is refunded. If print color is poor, your order will be reprinted for you at no cost. Refunds for shipping and printing are not given.

Maintenance. After completion of a website project, maintenance is billed at an hourly rate of $70 and billed at the first of each month. Small text or link changes are provided free for the first month.

Links. If showing your website or materials in our online portfolio, we will provide a link to your site or email if you like.

Estimate Adjustment

We provide accurate quote for the project prior to beginning, estimated amounts can fluctuate
Due to extensive revisions at the request of the client or changes to the content and copy., hourly rates are going to apply
All projects are done on the estimated time and cost and all changes on the estimate are based on the client’s approval to continue and finish the project.

Project Process:

Face-to face or phone interview to discuss the project.
After having this first meeting, we send you a marketing survey where we explore and define your target market, clients, goals, mission statement, needs, preferences in graphic style, review of existing materials, technical issues and budget.
This marketing survey is going to determine the style, typography, and colors of the whole publicity
campaign, such as: corporate identity, business cards, brochures, flyers, catalogs, stationery and website.
After we review your answers, we start developing your project. We provide you some sketches that you need to choose from, either we make a face-to-face interview (if you are Local) or make a phone conference or detailed emailed and make the necessary adjustments to continue with the project till its completion.

Printing Tems of Sale

Full payment, including shipping and handling fees if applicable, is required to complete an order. No work will proceed until full payment is received. No refunds will be given for orders that have been received by prepress department.

Refund Policy

All sales are final, unless otherwise noted. After an order has been sent to prepress department, the customer is responsible for paying the entire amount of that order. In some cases, a refund may be extended to the customer if no work has been completed by Gray’s Design for that order. In such cases, the customer will be charged a $15 cancellation fee.

File Requirements

All images, after being enlarged or reduced for reproduction, will crop approximately 1/8” to allow for bleed. See the templates for more details. We cannot process orders that do not meet the minimum requirements.

Turnaround Times

We start counting the turnaround time when your proof is approved and sent to press. Orders sent to press after 5pm Pacific Standard Time will begin counting turnaround time the next business day. Allow additional business days for delivery based on the shipping method you select. Business days are Monday through Friday. Holidays, Saturdays and Sundays do not count when calculating turnaround.

Please note that if we are unable to print your files because they do not conform to our file requirements, your job status will return to “artwork rejected ” and your turnaround time will be reset.

Turnaround time of 3 days for accepted work is guaranteed. The remedy for failing to meet a deadline is limited to a refund on your next order.

Gray’s Design assume no responsibility for delays caused by delivery carriers or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.

Changing Files Once Sent to Press

Once a job has been approved by the customer and “sent to press” no changes are allowed to the artwork, job characteristics, or turnaround time. After an order has been sent to prepress department, the customer is responsible for paying for the entire order.

Complaints

All complaints must be registered within 24 hours of receipt of job. Should the job contain manufacturing errors and/or defects, we would rerun the job at no charge. We maintain the right to judge what a manufacturing error and defect is.

Proofs

You are responsible for the accuracy of your layouts. Please proof read all layouts carefully. As postal regulations are subject to change, you are also responsible for complying with current mailing restrictions for postcard backside layouts. Check with your local post office.

Sales Tax

All California orders are subject to sales tax. If customer is tax exempt, exemption certificate must be sent or faxed to us with first job.

Indemnification

The customer will indemnify and hold harmless the printer-designer, Gray’s Design, from any and all loss, cost expense, and damages on any and all manner of claims, demands, actions and proceeding that may be instituted against the printer on the grounds alleging that said printing violates any copyright or any proprietary right of any person.
You certify that you own the rights to use the image(s) being reproduced on your order.Customer agrees that it will protect, indemnify, save and hold Gray’s Design, harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Gray’s Design, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Gray’s Design harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Gray’s Design; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a Customer from Gray’s Design

Privacy Policy

Gray’s Design is committed to respecting and protecting the personal privacy of those who visit this Web site. It is our policy to acquire personal information from users only by overt and voluntary means, only when it is in the interest of the user to provide it, and to utilize this information only for the purpose it was provided.

For each visitor to our Web page, our Web server automatically recognizes no information regarding the domain or e-mail address. We collect the e-mail address of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, user specific information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations.

The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to customize the content and/or layout of our page for individual consumer and used by us to contact consumers for marketing purposes.

If you do not want to receive e-mail from us in the future, please let us know by sending an e-mail, calling or writing, and telling us that you do not want to receive e-mail from our company.

User-Supplied Content

Customers will be held responsible for any activity and content in their respective sites. All material published in a web site is considered the responsibility of the site owner.

The following activities are prohibited:

· - Spamming. The use of services and/or resources for the purpose of sending unsolicited advertising to those who do not have existing business relationships with its users. Similarly, sites that are referenced in unsolicited e-mail.

· - Publication of private information without the permission of the person/s concerned.

· - Publication content that violates any US Federal, State, or Local Law.

· - You may not use the Service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances or Regulations.

· - Infringement of intellectual property rights.

· - Defamation of character.

·- Publication of information that may be considered harmful.

· - The use of service and resources for the abuse of existing laws, or illegal activities.

· - Publication of pornography. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere.

Refusal of Service

· -We reserve the right to terminate any account found to be in violation of any item in this policy.

· -We reserve the right to withhold any payment made prior to the termination of a site.

· -We reserve the right to refuse, cancel or suspend services at our sole discretion.

· -We reserve the right to revise the Acceptable Use Policy when it deems appropriate.

Disclaimer

Information on this web site may contain inaccuracies or typographical errors. This information may be subject to changes or updates without specific notice. This web site does not constitute an offer to contract. Our company makes no representations whatsoever about other web sites which you may access through this one. When you access a non-graysdesign web site, please understand that it is independent from us., and that Gray’s Design has no control over the content on that web site. In addition, a link to a non-graysdesign web site does not mean that graysdesign endorses or accepts any responsibility for the content, use, or products and services made available through such web site.

WITHOUT LIMITING THE FOREGOING, GRAY’S DESIGN SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY. YOU AGREE THAT GRAY’S DESIGN MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF A DOMAIN NAME. YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE WEB SITE. FORMS PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS GRAY’S DESIGN MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL GRAY’S DESIGN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST GRAY’S DESIGN WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

April 2008