Terms & Conditions with User Agreement
Terms and Conditions ("Terms")
Updated: April 16, 2015
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Elite Demassified Recruits website (the "Service") operated by EDR - Elite Demassified Recruits, Deneatra Terry and or TE Beveridge ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service
Our Service may contain links to third-party web sites or services that are not owned or controlled by EDR - Elite Demassified Recruits.
EDR - Elite Demassified Recruits has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that EDR - Elite Demassified Recruits shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit and remind you that EDR is only responcible for EDR informationals and not thrid party wrotters or content offenses of your standard TOS.
Termination of Contract
We may terminate or suspend access to Our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. EDR will make no refunds at any time with any client for any reason.
All provisions of the Terms, which by their nature, would survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. These will fall under the confidentiality agreements of EDR for a term of no less than (20) twenty years, or the demise of the contracted business and or including the death of it's contracted owners or the sale of their business to an outside party.
At that time the information becomes property of EDR and will not be used for profit, but may be disposed of at their discretion .
Governing Laws
These Terms shall be governed and construed in accordance with the laws of Texas, and Gerogia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. If you have any questions or concerns about these Terms, please contact us @ edr@consultant.com
Terms of Use
Clients of EDR will be chosen by the employees or officers of EDR. The services provided are not services randomly available to any persons interested. A consultation is manditory. It will be two stage, between the owner of EDR or designated officers of their choice. The second consultation will be with the designer, T.E. Beveridge, as a concept consultation.
A contract between the interested parties and EDR, as well as the design team, will be required prior to date of begin and with the express stipulations met within contracted parameters.
Typically and depending on the job, clients can expect a turn around completion date within an estimated average of 15 - 60 days front start date. During that time the client agrees to make themselves avail for no less than 1 scheduled appointment of 1- 2 hours for ongoing consultation on the progress made.
EDR attempts to maintain contact with the client. It is the clients obligation to provide at least two contact numbers and an alternate number in case of any un scheduled complications or delays. Questions or inquiries regarding designs. EDR cannot be held responcible for clients that do not return calls and work will procede based on the original consultation with the design team in the event the client does not respond to two contact attmepts consecutively.
At the final sitdown consultation, approximately 50% of the way thru design completion, the client will NOT have the right to change the design without making payment in full. Clients will not contact EDR to change the design graphic at the last minute to avoid payment. The job and branding payment for services will be expected in full. No exceptions will be made for changes desired regarding color, size, pattern, or LOGO, branding after the half way mark, consult.
Non Profit Organizations Contracts
ALL Non Profit contracts will be handled through Deneatra Terry or TE Beveridge exclusively.
EDR will request all EIN documentation and non- profit account numbers for the organization, for tax purposes, before the start date of contracted work. EDR requests, as above in standard clients contract; a conceptual consultation and fees due up front, unique to each organization. EDR agrees to provide the free consultation (2) two weeks prior to beginning contracted work for the organization to allow time to set forth client concept.
EDR require's the non-profit website as well as any advertising done in the real world for events, using the brand design by EDR, give credit and a prominant, (minimum of 9 font), advertising spot, at no cost to EDR in exchange of fees for service's rendered. EDR will be entitled to a testimonial and letter of association with the non profit client.
A LOR, (letter of reference), to be provided within 14 business days after completion of design.
EDR futher agrees to schedule with the client; and with at least 30 day notice , (1) one event with the non-profit client & EDR personel, to promote and co-advertise for the non profit's gain. to take place within 1 year of contract date end for a term of not less than (5) five years. Final Payment will be negotiated between the client and EDR at no less than a 60% discount. Above contract payment agreement is implied unless previously contracted differently. ie: Half of the payments up front. The remaining charges due on date of completion with a special stipulation to full release of integral rights by EDR and its design team, ( at no additional fee ), to the Non-profit in lieu of a donation to the client. All invoicing will be submitted to the client at the time of completion of contract, for the rights only, and shall appear as, rights release, paid in full.
Non Profits will be charged on a case by case basis. Partial fees will be arranged and payments will be expected prior to begin as stated with terms for regular client terms.
Terms for Commissioned Graphic Design Creations
This contract is an offer by ("TE Beveridge & EDR ( Artist) ") to ("Commissioner ; Client") made on for the Artist to provide creative work ("Work" – as described below & via EDR contract), as requested by Commissioner (Client).
1. Work. Commissioner retains Artist to create designs. Work includes only the final, deliverable art, and not any preliminary work or sketches.
2. Price and Delivery. The non-refundable flat-fee for Work is broken down as contract states or is payment in full. Payment must be made in 50% at min. before any work begins. Payment should be made in the method and manner specified by Artist. Work is to be delivered no later than , but Commissioner agrees that the date of delivery is not material to this Agreement.
3. Grant of Rights. Artist agrees to the perpetual non-exclusive license of all rights (including, but not limited to, the right to display, modify, transmit, transfer, sell, and create derivative works) to Work to Commissioner, excluding only the right to authorship credit, which is retained by Artist. Artist agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.
4. Artist's Right to Authorship Credit. Artist may use Work in Artist's portfolio (including, but not limited to, any website that displays Artist's works). Commissioner and Artist agree that when asked, Commissioner must properly identify Artist as the creator of Work. Commissioner does not have a proactive duty to display Artist's name together with Work, but Commissioner may not seek to mislead others that Work was created by anyone other than Artist.
5. Commissioner Accepts Artist's Creative Vision. Commissioner agrees that Artist will complete Work in Artist's creative style at Artist's sole discretion. If Commissioner refuses to receive Work or demands Work be redone, it is understood and agreed that Commissioner will do so by and not after, the half way due date of delivery in EDR contracts and final consultation, before completion of work.
Any dispute after this date will be considered cancelling the Agreement, and no fee will be refunded and future works will cease until full payment has been made for the previous design.
6. Cancellation, and Expiration. The fee for Work is non-refundable. If Commissioner nonetheless does not want or refuses to receive Work, Artist may decide whether or not to complete Work, and will exclusively retain all right to Work. This Offer automatically expires upon 48 hours of being made and may not then be accepted. This Offer expires if it is verbally or through writing (including, but not limited to, by e-mail, with a confirmation of reciept thru email server) withdrawn by Artist.
7. Limitation of Liability. Commissioner agrees that Artist will not be liable, financially or otherwise, for any damages (including, but not limited to, incidental or consequential damages), that arise from Artist's performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
8. Dispute Settled by Arbitration, and Governing Law. Any dispute under or about this Agreement must be submitted to and resolved by arbitration through the arbitration services agreed on by EDR. Parties will bear their own costs. Any court may enforce the arbitration award and Commisioner will beliable for all court costs incurred by EDR or its artists. This Agreement will be governed by the laws of, Texas and Georgia in the country of the United States.
This Offer may be accepted (within 48 hours of being made or if withdrawn, as in Expiration, above) and be enforced upon the signature of Commissioner (an electronic signature is acceptable).
Commissioner( Client):____________________ (signature), on ________ (date)