This update to our Delivery Policy was posted in February, 2021 by BearPlex. By using our Services, you’re agreeing to be bound by this Policy.
TRADEMARKS, LOGOS, AND OTHER INTELLECTUAL PROPERTY ISSUES:
Client is responsible for any copyright or trademark issues related to the creation and use of project files by customers. Customers shall be solely responsible for any trademark or copyright searches pertaining to the project unless otherwise contracted for in the project specifications. BearPlex will not knowingly copy other rightfully trademarked or copyrighted material.
INDEPENDENT AGENTS STATUS
BearPlex is retained as independent contractors. BearPlex is fully responsible for payment of its own income taxes on all compensation earned. Client’s agree that they will not withhold or pay any income, social security tax, or any other payroll taxes on designers’ behalf. BearPlex understands that they are not entitled to any fringe benefits that the client may provide for its employees including but without limitation worker’s compensation or unemployment insurance.
COMPLETION/DELIVERY OF PROJECT
Any delay in the completion of the project due to actions or negligence of client, failure to provide timely feedback or responses, unforeseen illness, or external forces beyond the control of the company, shall entitle the company to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay and/or place the project on hold status following 14 consecutive days without communication from the client. Any alteration or deviation from the proposed quotation and design specifications involving extra costs will be executed only upon approval with the client. Projects are automatically placed on hold status following a 14 day period without client communication or feedback. If your project is placed on hold, either at your request or by our agency, simply contact our office via email or phone and let us know. We’ll reactivate your project and schedule an anticipated re-start date for your project based on our current production schedule. Projects may be placed on hold and reactivated two (2) times, with a maximum hold period of 90 days.
Rush orders for all design services are subject to a surcharge of an additional 50% of the total design fee. Your rush project will receive priority over our current project lineup. We DO NOT offer rush priority services for printing. If a rush design service is purchased, it must be canceled in writing via email with a time stamp from your email provider included within 60 minutes of purchase. If the Rush design services is not canceled within 60 minutes the cost of the design will be refunded, however the 50% rush surcharge will NOT BE REFUNDED.
OWNERSHIP OF ARTWORK AND SOURCE FILES
Except for the client’s proprietary material contained in the project, BearPlex shall hold all right, title, and interests in all original artwork, whether in draft, mock-up, concept, or final development for the project. Specifically, but without limitation, designers shall hold all right, title, and interest in and to (1) all text, graphics or digital components of the project (the “content”), (2) all layouts, logo, structures, or arrangements or other components of any materials presented to client that comprises the project, (3) all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the project or any component or characteristic thereof. Clients shall not do anything that may infringe upon or in any way undermine designers’ right, title and interest in the project, as described in this paragraph.