Tree in the Sky: a bright, fresh, and unique graphic design studio
Studio Policies at Tree in the Sky

These studio policies explain Tree in the Sky's process and working methods and the responsibilities and obligations of Tree in the Sky and you, the Client. Please read these policies carefully because they impose legal obligations to you, the Client.



Estimates



Tree in the Sky provides an estimate for each project based on a number of contributing factors including (but not limited to) the job size, materials, and time allotted to meetings other than the initial free consultation.



The estimate will set out in writing terms including, without limitation, the project description and scope, cost estimate, timeline, and the format of deliverables.



The standard estimate generally includes three design concepts, from which the Client selects one to pursue, followed by three rounds of revision. The number of concepts and revisions may be negotiated before the Client approves the estimate. The standard estimate also accounts for time for any meetings, including phone calls. The number of meetings estimated will depend on the scope of the project.



Unless otherwise specified, estimates are valid for 30 days from the date of the estimate. Any package deal pricing or discounts offered from time to time will be valid for those periods agreed to by Tree in the Sky in writing.



If the project looks like it will overrun the estimate by more than 10%, Tree in the Sky will request written Client approval to continue.



Tree in the Sky will not take on a project for under $500, subject to certain rare exceptions made in the sole discretion of Tree in the Sky.



If additional revisions are required beyond what might have been stated in the estimate, Tree in the Sky charges a standard revision rate of $200 per hour. If the revisions are substantial, a new estimate will be prepared, and the revisions will be treated as a new project.



The Client must approve and sign the estimate and supply a non-refundable deposit, in an amount to be determined in the sole discretion of Tree in the Sky, before Tree in the Sky can schedule or begin work on the project.



Pricing



Here's how the final invoice will be tallied up:

  • The itemized cost of work as per the scope and estimate.
  • If meetings, other than the initial free consultation, run beyond their allotted time, the extra time will be billed at $75/hour.
  • Any expenses incurred for the project including, without limitation, printing costs, obtaining stock photography, or other materials, will be itemized on the invoice to be reimbursed by the Client.
  • Tree in the Sky will also charge additional fees for changes to the agreed specifications requested after the estimate has been signed.
  • Rush fees will be charged for any project that requires a very short deadline and on any work which requires delivery sooner than set out in the estimate. Typically, rush fees are between 50% and 100% of the estimate, as determined in the sole discretion of Tree in the Sky.
  • The Client will incur additional costs for any additional concepts which the Client chooses to purchase.
  • Billing increments are every quarter of an hour, and smaller projects performed on any hourly basis will be billed at $75/hour.


Invoicing



Projects will be invoiced in increments as outlined in the estimate, and work will only continue on receipt of these incremental payments. The final invoice is due on completion of the project, and deliverables will be released once the final invoice is paid in full.



Invoices will be delivered as a PDF file electronically to the e-mail address of the Client stated on the estimate, unless otherwise requested.



Change of scope



If, during the project, the agreed scope changes significantly, as determined in the sole discretion of Tree in the Sky, the Client will be invoiced for work to date and Tree in the Sky will re-estimate the work based on the change in scope. The Client will either sign a change of scope order or a new estimate, dependent upon the scale of the proposed changes.



Abandoned and cancelled projects



If a project remains incomplete because the Client has failed to respond or perform any other obligation for more than 2 weeks (14 days) after the estimated completion date, Tree in the Sky will submit an invoice for any unbilled work performed to date.



If a Client fails to respond to email or voicemail for 2 weeks (14 days), the project will be considered abandoned. Tree in the Sky will send an invoice for all work done to date, and the project will be closed.



In the event of cancellation, the Client will be billed for any work done to date.



If the project is incomplete, abandoned or cancelled, the Client must return to Tree in the Sky all work produced and files delivered to date, and may not use any such work for any purpose without the written permission of Tree in the Sky.



Ownership of materials



The Client retains ownership of all material supplied to Tree in the Sky for use in the project. By supplying text, images or other data to Tree in the Sky, the Client represents and warrants that it holds all appropriate copyright or licenses and permissions to use such works. The Client grants Tree in the Sky rights to reproduce and otherwise use these works in connection with the project.



Tree in the Sky produces customized and original work for the Client. As necessary, Tree in the Sky will acquire any consents and licenses for elements such as stock photography which are sourced during the project. Tree in the Sky will transfer those consents and licenses to the Client on completion of the project and full payment by the Client.



In the case of electronic work, Tree in the Sky supplies final designed files to the Client. For an additional fee, Clients may request either a template of the native files, or the actual native files. Fees for the purchase of templates or native files will be quoted and invoiced separately.



In the case of print work, Tree in the Sky supplies final print pieces to the Client. For an additional fee, Clients may request either a template of the native files, or the actual native files. These fees will be quoted and invoiced separately.



Ownership and usage of completed work



Once the project is completed and paid for in full, Tree in the Sky shall assign the appropriate ownership rights and copyrights to the Client. There are four different options for rights and usage, each option with a different price, to be determined in Tree in the Sky's sole discretion.



Tree in the Sky and the Client will discuss the options and agree in writing in advance on the ownership options on an individual project basis:

  • Limited use with no modification right
  • Exclusive license with no modification rights
  • Exclusive license with modification rights
  • Transfer of Tree in the Sky's rights and/or licenses as work for hire.

The copyright of any stock photography, illustration, video, or other material used remains with the photographer, artist, or licensing agency (unless otherwise requested, consented to, and for an additional fee), and stock material sourced during a project can be used only for such project.



Tree in the Sky retains the right to use Client work for future marketing and self-promotion purposes, unless the Client explicitly objects to such use at the time the initial contract is signed.



Responsibilities, Indemnification, and Limitation of Liability



Tree in the Sky cannot guarantee to color match from Client-submitted photographs or layouts but will make reasonable efforts to ensure the accuracy of materials produced by Tree in the Sky. The Client accepts final responsibility for the accuracy of copy, illustrations, photographs, trademarks, etc.



The Client is responsible for approving design proofs before they go to print. Corrections or revisions to the work once printed will be billed either as a new project, or will be billed at Tree in the Sky's standard revision rate.



The Client is responsible for ensuring that all materials supplied are owned or properly licensed by the Client, and the Client is also responsible for obtaining all necessary consents for use of such materials.



Tree in the Sky cannot be held liable for damages or loss of service caused by any third party web hosting provider.



Changes to these policies



Tree in the Sky reserves the right to change these terms at any time and without notice to the Client. However, the policies in effect on the date an estimate for a project is signed by the Client are the policies that govern the project, unless (i) otherwise agreed upon by the parties in writing, or (ii) the project needs to be re-estimated pursuant to these terms. Such determination to be made in the sole discretion of Tree in the Sky.