Terms and Conditions of Services provided by Hey Charlie Creative.
Last updated February 5th, 2021.

By using this website, you agree to the following Terms and Conditions. These Terms and Conditions also apply to all services provided by Hey Charlie Creative. All projects are completed on the understanding that the client has agreed to Hey Charlie Creative’s terms and conditions. Please review carefully.

General Provisions
For the avoidance of doubt, Hey Charlie Creative Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order. This website is owned by Hey Charlie Creative, in Bend, Oregon. The Terms and Conditions contained on this page is subject to change at any time.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Hey Charlie Creative website and contact for services. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using.

Copyright & Intellectual Property Rights
All imagery, creative material, designs, graphics, page layouts, content, client content, videos, and trademarks are owned by Hey Charlie Inc. Client Content means all materials, information, factual, promotional, or other advertising claims, photography, writings and other creative content provided or required by Client for use in the preparation of and/or incorporation in the Deliverables.

It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

Assignment
Neither the Client nor Hey Charlie Creative may assign or transfer their interest in this agreement without the written consent of the other.

Disclaimer
Hey Charlie Creative makes no warranties of any kind, express or implied, for any and all products and/or services. Hey Charlie Creative will not be held responsible for any and all damages resulting from products and/or services it supplies.

Hey Charlie Creative is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we do investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Hey Charlie Creative responsible for any such loss or damage. Any claim against Hey Charlie Creative shall be limited to the relevant fee(s) paid by the customer.

Hey Charlie Creative reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.

Refunds & Payment Collection
Upon project completion (when deliverables have been provided to the client), the client will be provided a final invoice to be paid within 30 days of the invoice date. Invoices which remain outstanding for 30 days, will incur an extra charge of 5% per month of the outstanding amount.

After 30 days of outstanding payment, Hey Charlie Creative reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.

Returned checks will incur an additional fee of $50 per returned check. Due to the nature of the service provided, refunds will not be given.

Project Alterations
Any revisions, additions, or alterations to the project modifying the terms of the agreement as the Services to be performed and not included in any fee specified, shall be billed as additional services. Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval has been given for a specific stage of design, documentation, or preparation of artwork.

Project Abandonment
If after repeated attempts to begin, continue, or finalize the delivery of services, the client fails to participate, or becomes otherwise unresponsive to requests for a period of two (2) months, the project may be considered abandoned, and Hey Charlie Creative may reduce any refund the Customer may otherwise be entitled to hereunder to zero, and the client will have forfeited all rights to receive any refund for services purchased or as described in the original invoice. Hey Charlie Creative may issue customer credit for future services at its discretion.

Termination
This agreement may be terminated by any reason by either the Client or Hey Charlie Creative, if a written notification is provided within 30 days. Upon termination, or any part of it, for any reason, the Client will pay Hey Charlie Creative for the work completed to date, along with all expenses incurred on the project. Any advance of fees provided will be credited against the amount due.

In the event of termination, Hey Charlie Creative will retain all copyright even if the fees agreed to in advance have included the assignment of the copyright.

Law and Jurisdiction
These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Oregon, the United States of America.

Consent
The placement of a request for design and/or other services offered by Hey Charlie Creative and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Hey Charlie Creative. In addition, by using the Hey Charlie Creative website, you hereby consent to our Terms and Conditions of Use. Please feel free to contact our team with questions at lana@heycharliecreative.com.