twenty first century digital craftsmanship. Terms of use, service, referrals/commission, proposals/demonstrations

You agree to these terms. Updated August 30, 2023.

Designs are provided and created by CL Design.

You Agree to These Terms by Using Our Designs/Sites/Intellectual Property/Collateral.
Your access to, and use of, our Designs/Sites/Intellectual Property/Collateral (collectively referred to as “our Designs”) is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using our Designs, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and CL Design are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit our website/designs immediately, not use the files herein, copy or duplicate any content or processes/procedures, concepts, ideas, intellectual property or any other content and/or not subscribe to this service.

Limitations of Use
The information and materials on our Designs are provided for general informational purposes and to engage the services of CL Design. You may use our Designs solely for the purpose of learning about and/or purchasing CL Design's services and products. You may not use, reproduce, copy, extract or distribute the text, graphics, procedures, concepts, ideas, processes, downloads, tools or any other content on our Designs for any commercial, non-commercial or any other purpose not outlined in this agreement.

Privacy
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to our Designs by electronic mail or otherwise will be used by CL Design in accordance with the CL Design Privacy Policy. Any other communication or material you transmit to our Designs, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

Disclaimer of Warranties
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, CL Design neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on our Designs, CL Design assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on our Designs.

Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER CL DESIGN, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

Third Party Disclaimer
CL Design may provide hyperlinks to third party websites or other resources solely for your convenience. CL Design does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, CL Design specifically disclaims any responsibility if such sites:

infringe any third party's intellectual property rights;
are inaccurate, incomplete or misleading;
are not merchantable or fit for a particular purpose;
do not provide adequate security;
contain viruses or other items of a destructive nature; or
are libelous or defamatory.

Neither does CL Design endorse the content, or any products or services available, on such sites. If you visit such sites or establish a link to such sites or the Site, you do so at your own risk and without the permission of CL Design.

Any Content downloaded by you from our Designs, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively referred to as the "Content") is licensed to you by CL Design. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.

Our Websites contains copyrighted materials, logos, taglines, slogans, processes, animations, photographs, images, videos, footage, text, music, and sounds (collectively referred to as the "Content") which is owned by CL Design or its licensors. It is illegal to duplicate, download or distribute any Content from this Site. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.

If you believe that content appearing on our Designs constitutes copyright infringement of another party's rights, please contact us at 425.462.7824

Export Control
Software and other materials from our Designs may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported:

into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

CL Design does not authorize the downloading or exportation of any software or technical data from our Designs to any jurisdiction prohibited by the United States Export Laws.

Revisions to the Terms

CL Design may at any time, and without notice, revise this Terms of Use statement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use statement.

Law and Jurisdiction
These Terms of Use and your use of our Designs are governed by the laws of the State of Washington, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within King County, Washington, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or our Designs or in which these Terms of Use and/or our Designs are a material fact.

Should you have other questions or concerns about these terms of use, please call us at 425.462.7824 or send an email to: cld@cldesign.co.

We operate under the highest standards of integrity and ethics. We trust you and hope that you will trust us and also hope that neither one of us will have to refer to, or invoke, these terms.

All work is billed at $300/hour.

Any applicable discounts we have given you will be shown on invoices.

Deposit: A deposit helps us to defray costs associated with the time in between your engagement of our services to final payment. It also shows your commitment to your obligation to compenste us for services rendered. A good rule of thumb for a deposit amount is 25% of the estimate we provide for your project. At the beginning of your project, an invoice will be sent for the agreed upon deposit amount. Payment is due upon receipt. The start of your project is NOT contingent upon our receipt of your deposit. If you are working with us in the first place, we assume you have high standards for integrity, honesty, and responsibility. We do reserve the right to stop work if this initial deposit is not received in a timely manner.

Time for Payment: All invoices are payable upon receipt of invoice. A 1% monthly charge is payable on all balances after 15 days from date on invoice. The grant of any usage, license or right of copyright is conditioned on receipt of full payment. Collateral such as online work may be subject to removal if timely payment is not received. No web design or branding design files will be provided for client use until payment is received in full. Current balances must be paid in full before any materials related to training will be provided.

Default In Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

Estimates: Any fees and expenses are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered.

Time Frames: We accept a limited number of projects so that we can provide the best possible design and customer service for your project(s). We request that any materials you or your team need to provide to us in order to move your project forward, or complete it, be provided within a week. Delays of two weeks will result in charge of $250. Delays of a month or more will result in a $500 charge for each month's delay. Your project can only begin to benefit you in terms of ROI and revenue if it is completed. Delays only compromise all stakeholders experiences. Exceptions for extenuating circumstances are possible.

Changes: The Client shall be responsible for making additional payments for changes requested by the Client in original assignment. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Designer the first opportunity to make any changes.

Expenses: The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any expenses such as domain names, hosting accounts, printing, sales tax, etc.

Copyright/Ethics: Breach of copyright and/or ethics by Client at any time shall result in any discounts being null and void. The Client shall be responsible for the full value of the items outlined in this agreement. In the event of cancellation due to breach of copyright and/or ethics, a cancellation fee for work completed, based on the full value price of the items outlined and expenses already incurred, shall be paid by the Client.

Training: CL Design cannot be held responsible if training efforts for your team are unsuccessful. We have provided working templates for your team to use with instructions from the training sessions. If your team makes modifcations to these templates that renders them unusable or ineffective, we are not responsible. We are not responsible if your team members claimed to understand the information in the training sessions, but are unable to use the templates provided to create the work.

Web Accessibility Regulation Alignment: We do not claim that any of our work is compliant with any web accessibility laws, regulations or statutes. As such you agree to indemnify us from any legal responsibility as it relates to our work being in compliance with any web accessibility laws, regulations or statutes.

Website Design: 100% of people cannot access 100% of websites 100% of the time. CL Design is not liable for any complaints or issues that arise from a visitor being unable to access, visit, see or use a website designed by us.

Web/Digital Security: CL Design is not liable for any security issues arising from use of one of our websites or website designs.

Disclosure: All contents and information are/is confidential and shall not be disclosed to any party other than the intended recipient.

Files Provided by Client: The Designer is absolved of any liability, extra costs, pre press or printing problems which may result from the use of any digital files provided by the Client to the Designer for use in this project.

Usage of Artwork: The Designer is absolved of any legal liability resulting from the use of any artwork the Client wishes to incorporate in the project without the copyright holder's written permission.

Ownership and Return of Artwork: The Designer retains ownership of all original artwork, whether preliminary or final, and the Client shall return such artwork within thirty (30) days of use unless indicated otherwise below:

Design Rights: Your project comes with unlimited usage. Any usage rights not exclusively transferred are reserved to the designer. Usage beyond that granted to the client herein shall require payment of a mutually agreed upon additional fee subject to all terms.

Releases: The Client shall indemnify the Designer against all claims and expenses, including reasonable attomey's fees, due to uses for which no release was requested in writing or for uses which exceed authority granted by a release.

Modifications: Modification of this agreement may occur without notice. Check this page for modifications. Invoices may include, and the Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.

Uniform Commercial Code: The above terms Incorporate Article 2 of the Uniform Commercial Code.

Code of Fair Practice: The Client and the Designer agree to comply with the provisions of the Code of Fair Practice, a copy of which may be obtained from the Joint Ethics Committee, P.O. Box 188, Grand Central Station, New York, New York, 1001 8.

Arbitration: Any disputes in excess of (maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitor's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attomey's fees and legal interest on any award or judgment in favor of the Designer. Arbitration shall occur in Seattle, or Bellevue Washington.

Terms of Referrals/Commission

Commission rates for referral commissions (subject to change without notice)

Projects under $25,000 are paid at 10%. A $5,000 project for example pays a $500 commission.

Projects over $25,000 are paid at 25%. A $25,000 project for example pays a $6,250 commission.

Projects that arise from a first referral are NOT subject to a commission payment. If you refer project A and are paid a commission, if project A refers project B, you are NOT entitled to a commission payment for project B. Direct referrals ONLY are entitled to commission payments.

Amount of payment is based on the net revenue of a given project. If a $5,000 project has $500 in taxes taken out. The commission payment is based on the amount of $4,500.

Commissions are paid upon receipt of full payment by referrals.

Deposit payments to CL Design by referrals are not subject to commission payments.

Commission payments are submitted to you via PayPal. Please be sure you have an active PayPal account to receive your commission.

Currency will be U.S. dollars.

CL Design reserves the right to refuse referrals for any reason.

CL Design reserves the right to prohibit sales associates from representing CL Design at any time for any reason.

Terms of Proposals/Demonstrations

We may use brands' logos, identities, images, or collateral to create proposals for organizations. The purpose of these proposals/demonstrations is to show brands work that is specific to their brand with the intent of creating more impact with an ultimate goal of obtaining new business from them.

Another purpose is to promote our abilities in design.

We will be clear that these are demonstrations; implying that we have not officially engaged with a brand.

If we have created a proposal/demonstration for your brand that you feel is not appropriate or does not align with your brand or brand identity and wish for us to remove it, please let us know and we will remove it from the web and not use it for promotion.

Your request must be in printed form and notarized. Mail to 12424 NE 2nd St. Bellevue, WA 98005.

If you do not inform us that you do not wish for a proposal or demonstration we create be used as outlined above, we will assume your tacit permission to use it as continual outreach to your brand as well as promotion of our work.

Per these terms you hold us harmless and indemnify us from any legal action as it relates to proposals and/or demonstrations for your brand that use your logos, identities, images, or collateral.

Agreement: By working with and engaging CL Design, you agree to these terms. By not taking actions to address your concern, displeasure or grievance as outlined above also implies tacit agreement with these terms.

We reserve the right to share the story of these demonstrations; how they were created and why, in addition to why they were removed.