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By submitting payment OR agreeing to work with Victoria Peach, you agree that you are receiving the services of your selected plan and agree to the following terms. 

Review the full terms and policies before submitting payment. I will conduct services as though you know what the terms and policies are. 

GENERAL 

General Business Days: Tuesday – Friday 

Please allow 24 to 48 hours for responses ***I try to get to them asap but sometimes life happens. 

Conference Days: Tuesdays - Thursdays via Zoom. These conferences are by appointment and are recorded.

CONTENT 

All copy (text and content) must be supplied by you or your team unless otherwise noted. 

YOUR IMAGES

If your project includes photos/images outside of the original work we’re creating for your project… 

You must own the rights or have rights to use the images you provide. We are not liable for any discrepancies regarding image rights. 

We recommend hiring a professional photographer for all of your images or professionally shooting the images yourself if you have photography knowledge. The use of professional images will boost the quality of your design tremendously! I offer photography services for local clients. Depending on your needs and location we may be able to assist you with getting professional images created. This is an additional fee. 

All images submitted for projects must be high-quality professional images. If you are not sure if your images fit this description, contact me. I do not work with poor quality images as every project reflects my brand and yours. However, I do understand camera phone or Instagram type images work for some project types. 

Not recommended but available: You can also use high-quality stock images. 

REFUNDS AND FEES 

Any additional fees incurred during your plan/services must be paid before we move forward with anything. Fees incurred are due within 48 hours of receipt of invoice. 

If client chooses to miss or otherwise stop payment on CLIENT’S account in accordance to these terms, there will be a late fee of $100 added to the CLIENT’S account. The payment amount and past due payment will be due within 48 hours. Services will be on hold until payment is made. If the payment is not made within this time frame, such will be considered a default. See “Rejection/Cancellation or Project” Section below for details on defaults. We reserve the right to refuse completion or delivery of work until past due balances are Paid. 

You’ll receive written notice if your account goes into default with details on how to get your account back in good standing. 

All payments are final and non-refundable. 

LICENSE 

The artwork and copyright belongs to you once your artwork is delivered. We retain rights to use the artwork in purpose of design competitions, future publications on design, educational purposes and the marketing of our business. 

If your account goes into default, you forfeit the right to use any of the artwork delivered. You will have 2 weeks after your account has defaulted to stop all use or to submit any unpaid balances on your account. This includes the default fees. 

CONFIDENTIALITY 

This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement. 

NON-DISPARAGEMENT 

Client shall not make any false, disparaging, or derogatory statement in public or private regarding Designer, its employees, or agents. Designer shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Designer. 

INDEMNIFICATION 

Client agrees to indemnify and hold harmless Designer, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Designer, in writing.

Agreement between DESIGNER and business/brand or Individual. By signing up as a client of Victoria Peach Designs you are subject to the following terms and conditions. 

GENERAL WORKING AGREEMENT 

This document defines the terms and conditions of our working relationship. All projects or services that DESIGNER may be contracted to produce or provide for CLIENT will be subject to the following: 

PAYMENT/ESTIMATES 

CLIENT agrees to pay DESIGNER in accordance with the terms specified. 

If client chooses to miss or otherwise stop payment on CLIENT’S account in accordance to these terms, there will be a late fee of $100 added to the CLIENT’S account. The payment amount and past due payment will be due within 48 hours. Services will be on hold until payment is made. If the payment is not made within this time frame, such will be considered a default. See “Rejection/Cancellation or Project” Section below for details on defaults. We reserve the right to refuse completion or delivery of work until past due balances are paid. 

OUT-OF-POCKET EXPENSES 

Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice. If consultant or supervisory services are required in out of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates. 

NATURE OF COPY 

CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. 

REPRODUCTION OF WORK 

The client assumes full reproduction rights upon payment for completed project. All reproduction rights on the copyrighted work are retained by the designer. The work may not be reproduced in any form without consent from the designer. 

The designer retains personal rights to use the completed projectS and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. Where applicable the client will be given any necessary credit for usage of the project elements. 

PROPERTY AND SUPPLIER’S PERFORMANCE 

DESIGNER will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, DESIGNER is not responsible for failure on their part. 

If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in any way be held responsible for quality, price, performance or delivery. 

RIGHTS OF OWNERSHIP 

Once a project has been delivered by us and is fully paid for by CLIENT, DESIGNER will assign the reproduction rights of the design for the use(s) described in the proposal. According to the Copyright Law of 1976, the rights to all design and artwork, including but not limited to photography and or illustration created by independent photographers or illustrators retained by DESIGNER, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with DESIGNER and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. 

We reserve the right to photograph and/or distribute or publish for our firm's promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. There upon, we reserve the right to discard them. 

REJECTION/CANCELLATION OF PROJECT 

Upon default (unpaid balances), CLIENT agrees to pay unpaid balance PLUS $250 fee. After 30 days of default, CLIENT’s account will incur 5% interest each month until the account is satisfied. Upon any default, we reserve the right to terminate CLIENT’S contract and cease services. CLIENT will additionally forfeit any and all previous payments to DESIGNER. Additionally all work completed by DESIGNER will remain the property of DESIGNER until such default is cured. 

If DESIGNER feels CLIENT is not a good fit for the quality standards of the DESIGNER or service values of the DESIGNER, the DESIGNER may terminate services and give the CLIENT a full refund of that particular service. The DESIGNER must give a valid and detailed reason on why the services are being terminated. It is up to the Designer whether the Designer will allow the Client to continue use of the artwork. Designer will have 30 days to submit the full refund amount to Client. 

If CLIENT feels DESIGNER is not portraying good quality of work, CLIENT may terminate services. If client wishes to use any of the artwork, Client will be prompted to pay the remaining balance of the completed services within 2 weeks to complete the contract termination or the above default procedures will be put into place. If Client agrees not to use any of the artwork (removing it wherever used), Client may do so. These options are only available if requested at least 13 days before payment due dates. 

CLIENT also understands that at any time if CLIENT chooses to default, retain another company or simply cease the contract, all payments are non-refundable. In the event of early termination by CLIENT, ownership of all copyrights and the original artwork shall by retained by DESIGNER and DESIGNER shall be compensated by the CLIENT for the services performed through the date of cancellation based on a prorated portion of fees due. 

Should DESIGNER have to bring suit or otherwise spend time and/or hire attorneys to collect any fees or compensation under this contract, CLIENT agrees to be responsible for all court cost, attorney’s fees and all fees associated. 

If CLIENT submits a claim or chargeback via PayPal, Square, Stripe, their bank, or any other finance company, the above default procedures will be put into place. 

ERRORS AND OMISSIONS 

It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. DESIGNER is not liable for errors or omissions. Your approval/signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation. 

PRODUCTION SCHEDULES 

Production schedules will be established and adhered to by both parties, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil BBB authority, and acts of God or other causes beyond the control of both parties. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly. 

ACCEPTANCE OF AGREEMENT 

This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law. 

If you have any questions, please contact us. Thank you.