Company Policies. Terms of Use for Project Submissions

1) Samurai Digital will begin a creation design (The Project) upon receipt of a retainer fee from “The Client” that equals no less than 50% of the full billable amount as outlined in our Terms & Conditions rates sheet (if you are viewing this document off-line, you may request our most current price list by submitting a rates request form. Projects may require a signed payment authorization form, or telephone payment verification before scheduling.

2) Upon completion of “The Project”, “The Client” agrees to remit the remaining balance of the project fee within 5 business days. Upon receipt of this balance, Samurai Digital agrees to transfer all electronic files relating to “The Project” to “The Client” via a previously agreed-to method of transmission. Samurai Digital will transfer ownership of copyright to the client, in writing, at that time. Samurai Digital retains the right to utilize ANY artwork, designs, edits, revisions and work product from “The Project” in advertising, promotion and other, not-for-pay display. Samurai Digital agrees to add a Trademark, Copyright or other ownership mark as may be requested by “The Client” from time to time.

3) Due to the complexities of international copyright and trademark law, Samurai Digital will not be held liable should “The Client” be found to be infringing on an already existing copyright, trademark or service mark relating to the project name, description or service. All ARTWORK designs created during creation of “The Project” are ORIGINAL WORKS and can be protected by copyright.

4) Once “The Project” has been initiated and preliminary designs created, all retainer balances become nonrefundable. In the unlikely event that the Samurai Digital cannot create a design that “The Client” will approve of, “The Client” may cancel “The Project” in writing. “The Project” then becomes subject to a 'KILL-FEE', an amount not less than 50% of the total amount of “The Project’s” billable amount. Samurai Digital will apply any project retainer fees to this 'kill-fee'. In the event of a job cancellation, artwork remains the exclusive intellectual property and copyright of Samurai Digital unless released in writing by Samurai Digital and the remaining balance of “The Project’s” billable amount is remitted.

5) During the course of “The Project”, Samurai Digital will remain in contact with the client regarding edits, revisions and scheduling. If “The Client” fails to provide necessary feedback to Samurai Digital regarding any edits and/or revisions within 28 days, “The Project” may be subject to removal from our servers and placement in our STALE DATED database. Any STALE DATED project is subject to a $75 ($US) reactivation and unarchiving fee. This fee is at the sole discretion of Samurai Digital.

6) If “The Client” fails to communicate with Samurai Digital regarding any initiated project for a period of more than 90 days, such project will be canceled, and any retainers or deposits shall be applied as a KILL-FEE as outlined elsewhere in this document. No further edits, revisions, file transmission or online image storage will be undertaken by Samurai Digital after that date. Further activation of this project will be subject to new project activation, project submission, retainers and deposits as outlined in our current pricing schedules, unless specifically waived, in writing by an authorized representative of Samurai Digital.

7) Further, if “The Client”, after 60 days from project submission, and after initial preliminary designs have been displayed, wishes to alter original scope of project, as outlined in project submission forms, including, but not limited to, name change, type of business change, theme of business change, specifically requested illustration change, then such project shall be deemed a new project and subject to new retainer payments as per current pricing schedules. Previously paid retainers and/or balances shall be applied as KILL FEES to original project, and any new retainers and/or balances shall be applied to new project as requested by “The Client”.

8) All artwork, designs, edits, revisions and work product created in “The Project” (other than the FINAL design accepted by “The Client” as being the subject of this agreement) remain the exclusive copyright and intellectual property of Samurai Digital. Any use of this work project by “The Client” and/or their assigns is strictly prohibited without written, prior permission by Samurai Digital.

9) Samurai Digital is NOT liable for any damages or expenses incurred by “The Client” in the use of artwork created in “The Project” by third parties, unless said third party is contracted by Samurai Digital as a 'work-for-hire' vendor, or in direct professional consultation with Samurai Digital. Such consultation is subject to fees as agreed to by “The Client” and Samurai Digital. By contracting Samurai Digital to create “The Project” as outlined in these terms and conditions “The Client” agrees to abide by the terms and conditions contained therein. For further information on any of our terms and conditions, please contact us at info@samuraidigital.com