By placing an order, or requesting an estimate, or design proofs you hereby agree to the following
Terms and Conditions of Brook Design Services LLC, hereafter referred to as “Brook Design”:
1. “Reprints of Existing Documents” Discount — When recreating artwork for printing of an existing document, we offer the first hour of type and design work at no charge. We may offer to reproduce the entire document at no charge at our discretion. This is an extra incentive to use our services. Entirely new projects which have not been created before are not eligible for this discount. Total cost for project must meet $100 minimum to qualify.
2. Type, Design, Consultation and Photography rates — Brook Design charges $50 per hour for professional labor. Compare to the average price at $60 to $80+ per hour (based on a sampling of local providers).
3. Ownership of Client Art files — Brook Design has an “open file” policy in regards to client’s art and design files. The industry standard maintains that the vendor who creates artwork maintains sole ownership and rights to it. We disagree with this policy. At our discretion, we allow client to obtain electronic or hard copies of any designs or artwork related to their project once the related job invoice is paid in full. Original files can/will be provided in their native format or as editable Adobe Acrobat PDF’s. De-archiving and materials fees may apply.
4. Quotations/Estimates — Written estimates are good for 30 days. An estimate not accepted within 30 days may be updated. Clients will be advised of any price change before production.
5. Accuracy of Specifications — Quotations are based on the accuracy of the specifications provided. Brook Design can re-quote a job at the time of submission if the art does not conform to the information on which the original estimate was based. Orders placed with Brook Design are to the client’s knowledge correct, and there are no conditions or agreements relating to the order, which are not written or accompanying said order.
6. Payment Terms — Cash payment terms are 50% down to begin a project and 50% upon delivery or publication. At our discretion, first-order Credit terms are Net 30 days, due from date of invoice for services, upon prior approval. After your first credit purchase is paid for, you will be considered on 30-day terms unless your are told otherwise. We currently accept cash, checks, and Paypal transfers (contact us for details). At our discretion, an interest charge of 1.5% per month may be added to all past due accounts (18% annual). Balances over 90 days will be considered bad debt and are can be sent to a collection agency at our discretion. A $25 fee will be assessed for any returned checks.
7. Proofing and artwork approval — Brook Design will submit color proofs (either by hand, mail or e-mail) for the customer’s review and approval. Proofs must be returned to Brook Design marked “O.K.” or “Revised Proof Required”. An e-mail from the client indicating final approval will be considered electronic signature approval. Until the proof is returned, no additional work will be performed.
Brook Design will not be responsible for undetected production errors if: 1. Proofs are waived by the client; 2. The work is printed per the client’s written or e-mailed approval; 3. Requests for changes are communicated verbally. All requests for changes of any kind must be made in writing to avoid mistakes.
8. Proofs: Color Matching & Color Shift — Color copies, inkjet and laser prints are known to look substantially different than offset printing. This is due to the varying results from different output devices. We can supply electronic proofs to show content, layout, text accuracy, and image placement and proportion, but these should not be used to determine color or ink density. As your needs require, we can supply hard copy laser proofs which are more color accurate. We can also supply high quality, very accurate proofs which are also more expensive. Please discuss these proofing options so we can provide the most accurate proof required that is also within your budget. Brook Design cannot be held responsible for matching colors or ink densities on computer screen proofs approved by customers.
9. Color Matching — If color matching is important to you, be sure to discuss this with us. Brook Design will try its best to produce a high quality and accurate reproduction of pictures & logos, but may be unable to achieve an exact match. A variety of solutions exist to address color-matching issues but can involve extra costs and production time. Some color shift may occur during color separation or printing. Images and colors may print differently than proofs displayed on a computer screen or from a desktop/digital printer. Since each machine is calibrated differently, colors and images may also vary slightly from the original printing to each reprint of the job. Pantone© colors that are converted to CMYK will shift in color! We cannot be held responsible for shifts in color in CMYK process printing.
10. Color Shift & Variation for reprint runs — Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a “pleasing color” variation between color proofs and the completed job (as determined by generally accepted trade technical methods) is to be expected. When such a variation occurs, it will be considered acceptable performance. We will make every effort to minimize color variations and inform the client of possible issues before production.
11. Workmanship Guarantee — Brook Design will make every effort to deliver a quality product which meets your expectations. It is of our highest concern that you are satisfied with your product. It’s our policy that if you are simply not satisfied with your print or design product (and return the entire order) we will refund your cost 100%*. Claims must be made by the client in writing no later than one calendar week (7 days) after delivery. Return of product must take place within 2 weeks of delivery.
When planning your project, we will review samples and discuss options to best fulfill your needs within your budget. Many factors can affect the quality of the finished work. As in many industries, lower priced options can be of lower quality. We will offer a range of price and quality options in many cases. We will communicate what you can reasonably expect each solution to provide in regards to quality versus price. If your finished project does not meet your expectations contact us immediately. If we have made an obvious error we will reprint your job at no cost* as soon as reasonably possible. (Examples: Finished product does not match approved proof in content, such as items missing or words misspelled. Finished job is not as specified for paper choice or bindery work.) If the finished job matches the customer approved proof or customer supplied artwork and is reasonably similar in quality to samples of similar work on previous runs then it is considered acceptable product. However, if the client is not satisfied with the product, and returns the entire order, we may decide (at our discretion) to provide a full or partial refund. Once the client approves the artwork, they take all responsibility for the correctness of the art. We will not be responsible of any type errors or misspellings once the customer approves the proofs. It will be at the discretion of Brook Design to reprint or discount reprints of jobs on a case-by-case basis. *Not including any delivery or postage charges.
12. Delivery — Delivery of products up to 400# or 8 full case boxes is free within the Portland, Beaverton and Tigard, Oregon city limits. Otherwise, delivery will be charged at a reasonable rate based on factors such as size, weight, expedited timing etc. Title for finished work passes to the customer upon delivery to the customer, the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever comes first.
13. Overruns/Under-runs — Brook Design will normally deliver the exact quantity of goods ordered plus a small additional amount. There is no extra charge for the additional amount. Some projects are an exception and you can be charged for the additional amount. You will be notified of this before production. Jobs can also be discounted at our discretion if more than 5% short on quantity. The generally accepted trade practice is to deliver plus or minus 10% of the quantity ordered with no change in the cost.
14. Turnaround Times — Based on a five-day work week, Brook Design’s estimated turn around times are as follows: Design and type proofs two to four business days; Basic Printing work (One and Two-color) seven days; Specialized Printing work (Full color and/or special bindery such as foil stamp or continuous forms, etc.) 10 to 15 days or as estimated; Digital print work two to seven days. All orders placed after 3:00pm PDT will be considered as ordered the following business day. Brook Design will aim to complete your job in the above turnaround, but cannot guarantee a specific shipping or delivery date.
15. We are not responsible for delays due to equipment failure, shipping, weather delays or other acts of God. If a job which includes Rush Fee does not ship out on the agreed date, the Rush Fee will be refunded, but under no circumstances will the full order be refunded.
16. Customer supplied materials and Copyright — Brook Design reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. Brook Design is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted Brook Design for printing and/or publication. Customer originals: Although we will make every effort to protect and preserve customer supplied materials (such as original photos, samples or electronic files), we cannot be liable for unintentional damage or loss.
17. Ownership of Photography — Brook Design retains the ownership of all photography and video files until they are used in a client’s project and paid for as such by the client. Brook Design does NOT have the right to use materials for projects not related to the original client without the client’s permission, except for use as samples of our work, see “Samples” section below. At our discretion, we allow client to obtain electronic photography files related to their project once the related job invoice is paid in full. Original files can/will be provided in their native format or as editable Adobe Acrobat PDF’s. Photo files are usually supplied as hi-resolution JPGs. Very hi-res RAW files are available upon request.
18. Samples — Brook Design may use your design project, printed product, or photographs for samples or advertising purposes. Unless expressly requested in writing, you consent to allow your project, design, Website or Photographs to be used as a sample for promotional purposes by Brook Design.
19. Cancellations — Once an order is placed for production, the client is liable for the entire agreed upon cost of the order. Although some jobs take many days, others may be produced immediately. Canceled orders may require compensation for incurred costs and related obligations at the time of cancellation. Once we receive your request, we will make every effort to cease production immediately to minimize this expense. Phone us ASAP to cancel your order. All cancellations must also be confirmed in writing via e-mail.
20. Refunds — Should an order be cancelled in mid-production we will bill the client only for the expenses incurred at that time. Should the client abandon their order for whatever reason, they will not be entitled to a refund for any printing, postage, mailing, shipping or design fees. Any orders abandoned will be issued a credit at the sole discretion of Brook Design.
21. Liability — Brook Design’s liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. Brook Design warrants that every product manufactured by it meets industry standard for such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. Brook Design makes no other warranty and no actions or words of Brook Design or its officers, employees or agents shall constitute a warranty.
22. Indemnification — The customer represents that it has the legal right to produce all printed materials ordered from Brook Design. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against Brook Design based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by Brook Design ordered by the customer: (a.) Infringes any copyright, patent or other proprietary right of any person; or (b.) Contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold Brook Design harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending Brook Design against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing Brook Design for any legal fees and expenses it reasonably incurs in responding.
23. Claims — Claims for defects, damages, or shortages must be made by the client in writing no later than one calendar week (7 days) after delivery. If no such claim is made, Brook Design and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that Brook Design’s performance has fully satisfied all terms, conditions and specifications. Under no circumstances shall postage be credited or refunded. Customer acknowledges that once your job leaves our facility, Brook Design is in no way responsible for the delivery of your mail. Any claims for failure of mail to reach its’ intended destination, tardiness of mail delivery, etc. shall not be considered and no compensation of any type will be offered. Customer understands and agrees that if they should attempt to reverse a credit card charge (charge back) and are unsuccessful (defined as losing the charge back dispute) that Brook Design shall be entitled to recover costs associated with the charge back such as accounting and legal time. Customer agrees to pay either 50% of the cost of their order or $250.00- whichever is greater.
24. Disputes & Venue — For legal purposes, the venue for any dispute shall be Washington County, Oregon, USA.
25. Right to Subcontract — Brook Design shall have the right to assign any portion of the work required to another contractor.
27. Changes — Brook Design may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we tell you otherwise. This policy was updated on August 18, 2016.