TERMS & CONDITIONS
I take great pride in offering competitively priced and personalized attention to each of my customers.
I am always happy to create true marketing & advertising packages to best help you reach your marketing goals. I possess a Master’s of Business Administration with a Specialization in Marketing. You can be confident that I can help you truly develop a marketing program, as marketing and advertising are two very different concepts and strategies.
REQUIREMENTS FOR WORK TO COMMENCE
• Agreement to work with, and submission of an order to Heidi Schlenker Horsepower Graphics & Marketing, whether through text message, Facebook messenger, via phone call, or email constitutes agreement to these terms and conditions. It is your responsibility to read and review the terms and conditions. Failure on your part to read the terms and conditions, and still submitting a work order, does not alleviate you from following the terms and conditions set.
• All work requests must be in clear, concise writing, via the order form on the website. This manner allows me to go back over the work request to ensure I am following your specifications. Work requests submitted through Facebook messenger or over the phone will not be accepted. Once you have filled out and submitted the order form you must pay for your order before work will commence on your project. Business hours are Monday through Friday 10AM -6PM EST. Please feel free to call or text me during these hours if you have questions. I do ask that you please respect these hours as I do have a family and a horse farm to run as well.
• All work is completed in the order it is received, unless client chooses to pay for a Rush Order. Please note that sometimes Rush Orders are unavailable due to work load. Please check with me first before placing a rush on your order. Standard turnaround time due to workload is two to three weeks (sometimes less, and sometimes more, dependent upon work load and orders received).
• Client is responsible for submitting ALL pertinent information regarding the horse, location standing, stud fees, incentives the horse is nominated to or eligible for, etc. on the order form. Please LIST ALL INFORMATION EXACTLY AS YOU WOULD LIKE IT TO APPEAR ON THE AD. Please note: stallions will not be listed as producers as they are not mares, and that terminology is incorrect. Stallions will be listed as sires, mares will be listed as producers.
• All orders must be paid for in full BEFORE any work will be started. No exceptions! I apologize for any inconvenience, however, this avoids failure to pay. Rest assured I will work the design until you are satisfied, within reason. Pricing includes up to two revisions of text, and changing up the layout order, however, that does not mean redesigning a flyer or logo all over again with new photos and different backgrounds, or different designs in the case of logos.
• For flyers, client must provide quality, high resolution photos for the design at a minimum of 300DPI. Photos that are saved off of Facebook and emailed, or taken with a cell phone are not suitable for quality ad design and will not be accepted. Please do not submit an order for a flyer if your photos do not comply with the standard. Client MUST specify a minimum of 1 photo to be used on the order form. Flyer price includes the cutting and masking of a maximum of 2 photos. If more than two photos need to be cut out and masked an additional $65 charge will be incurred. Additional photos used that do NOT need to be cut out and masked incur no extra fee. Client is expected to designate which photo is to be the focus, which photo will be secondary (if applicable) and so on and so forth. If client designates photos to be used and is unhappy with how they turn out, a $65 fee will be incurred to cut out and mask new photos. Please do not send photos of your horse that you do not like and ask me to choose the best ones. What I like is going to be different than what you like. You are more than welcome to upload examples of ads you have seen that you like so that I can get an idea of the overall look you are wanting for your ad.
• No final artwork or files will be delivered until the work is paid for in full and client has reviewed and accepted the final draft. License for use is not transferred until all invoices are paid in full, with no exceptions. Horsepower Graphics maintains the copyright to all produced work. Delivery consists of the following:
- supply of final artwork digital files to printer
- via email to nominated email account
- uploaded to nominated FTP for media prints
• The Client is to proof read and approve a final copy before the delivery of artwork. The email or Facebook Message verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by the client's proof reading.
• Heidi Schlenker/Horsepower Graphics reserves the right of refusal. While all efforts are made to ensure the client receives a design to his/her specifications, Client agrees Horsepower Graphics reserves the right to use correct terminology, correct and verified registration, show record, and sire/produce record for the equine or canine. Horsepower Graphics reserves the right to keep layouts and information clean, concise, accurate, and adhere to industry standards.
Horsepower Graphics maintains express copyright privileges for all graphic design work. Clients are NOT granted the right to edit, transform, or change a design, whether the design is complete or an incomplete concept. Clients are NOT granted the right to have another designer change or edit ANY portion of copyrighted work completed by Horsepower Graphics. Alterations of designs produced by Horsepower Graphics without express written consent from Horsepower Graphics will result in prosecution to the fullest extent of the law for copyright infringement.
Horsepower Graphics will color correct photos, replace backgrounds, and tastefully edit out halters and lead ropes by request. Horsepower Graphics WILL NOT edit the conformation of the horse. Horsepower Graphics will represent your horse fairly, accurately, and tastefully and does not believe in deceptive photo alterations. Please do not ask for any edits that change the overall conformation of the horse, including but not limited to, adding more hip, gaskin, or shoulder, slimming down a neck, raising a topline, moving legs, etc. A good rule of thumb is that if you don't care for how the horse looks in the photo, you definitely aren't going to like it on the flyer. Please choose a different photo.
Any and all work may be used as part of Horsepower Graphics portfolio, including unused concepts. We acknowledge the confidential nature of projects and agree to only display project work once product/site has been publicly launched/commenced. Construction files (unused concepts, revision files, fonts, Photoshop layered files, Adobe Illustrator files) remain the property of Horsepower Graphics.
FEES FOR SERVICE
Fees are listed in the SHOP on the website. If work undertaken exceeds the items specified on the shop page, the client agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project. The client: agrees to pay additional fees for work requested beyond the scope of the brief submission. Horsepower Graphics will try to inform you of this increase, but be aware that this may not always be possible and it will be billed via PayPal if you do request additional work. Payment must be received in full in order for the additional edits to be made.
• Each project includes a draft and up to 2 revisions. Any revisions exceeding the 2 revision limit will incur a $45 fee per change requested, even if client decides to use the work created before initiating the change request. Logos typically include one graphic and font. Multiple hand drawn graphics will incur a $65 fee per additional graphic drawn.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
LIABILITY & LITIGATION
It is agreed that all work and materials provided for the client by Horsepower Graphics without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright, trade, secret patent, or trade mark rights of any third party.
Under no circumstances shall Horsepower Graphics be liable to the client for an indirect or consequential loss suffered by the client including: (without limitation) loss of profit, loss of Contracts or pure economic loss. Liability to any third party for any reason is specifically excluded unless separately agreed in writing. Indemnity: The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including lawyers’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.
APPROVAL OF FINAL ARTWORK
While we take care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client is to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by the client's proof reading.
PRINT RETURNS AND REFUNDS
It is agreed that the Horsepower Graphics is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing via phone, text message, Facebook messenger, or email), committed to print or posted in view of the public. Horsepower Graphics will not be held responsible for changes or amendment made after approval. It is the sole responsibility of the client to notify Horsepower Graphics of any such errors during the revision cycle and before the final files have been generated.
• REFUNDS - Due to the extreme custom nature of Graphic Design, the Client understands that no work will commence until the work requested has been paid in full. In the event the customer is not satisfied with the design and wishes to cease production, the Client understands he/she is only entitled to a 20% refund to cover the time, materials, and programs used to create the design.
With all printing there may be some color variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Horsepower Graphics.
Horsepower Graphics maintains the right to retain copyright on images. Image licenses are granted for social media use, one-time ad use, and commercial use.