Terms and Conditions

Last updated: February 22, 2022

 

BY VISITING RADICALHEARTCREATIVE.COM, YOU ARE CONSENTING TO OUR WEBSITE TERMS & CONDITIONS

 

INTRODUCTION

Welcome to our website. 

 

Your privacy online is important to Radical Heart Creative (the “Site”, or “Website”). This Privacy Statement provides information about the personal information that Radical Heart Creative collects, and the ways in which Radical Heart Design uses that personal information. This Website and its Content is owned by Zena Bardelas (“Company”, “we”, “my”, or “us”). The term “you” or “your” refers to the user or viewer of RadicalHeartCreative.com (“Website”).

 

Please read these Terms of Service carefully before accessing or using our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Radical HeartCreative.com’s relationship with you in relation to your use of this website.

 

By making a purchase with Radical Heart Creative, you as a client are entering a legally binding contract for services and agree to these Terms and Conditions. 

 

 

We reserver the right to change this Privacy Policy on the Website at any time without notice. Use of any information or contribution that you provide to us, or which is collected by us on or through our Website or its Content is governed by this Privacy Policy. By using our Website or its Content, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use our Website or its Content.

Please Note: All designs remain the property of Radical Heart Creative until final payment has been made. Use of any designs prior to payment being finalized is a breach of copyright.

GENERAL CONDITIONS:
We reserve the right to refuse service to anyone for any reason at any time.

  • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Copyright: 

  • All designs and their copyright remain the property of Radical Heart Creative until final payment has been received. 
  • The client assumes copyright and reproduction rights upon final payment and completion of the project. 
  • Unused design concepts remain the property of Radical Heart Creative and may be used for other clients in the future. 
  • All images displayed on the Radical Heart Creative website or social media are subject to copyright, and must not be copied or used without full written permission from Zena Bardelas/Radical Heart Creative and their Client. Any breach of copyright will result in legal action being taken as necessary.
  • Radical Heart Creative retains personal rights for the use of completed projects as examples in their design portfolio and marketing materials for Radical Heart Creative.
  • As all in-progress designs remain the copyright of Radical Heart Creative, you may not share any work-in-progress or logo concepts with more than 3 individuals, business coaches, or clients; you specifically must not share any uncompleted work in any social media or networking groups. Failure to comply with this may result in the cancellation of the job, with no refund of the initial 50% deposit.

Substantive Changes: If the client requests or instructs changes that amount to a revision of ten percent (10%) of the time required to produce the Deliverables, and or the value or scope of the Services agreed upon, Radical Heart Creative shall be entitled to submit a new and separate Agreement for written approval. Work shall not begin on the revised services until a fully signed revised Agreement and, if required, any additional retainer fees are received by Radical Heart Creative. 

Approval of Artwork: 

  • Radical Heart Creative takes all care to avoid errors, and will not be responsible for any spelling, grammatical, typographical errors, omissions, or incorrect information in the final product. 
  • It is the client’s responsibility to thoroughly check all final proofs and give their written approval via email before the final work will be released to the client, upon payment being received.

File Supply: 

  • Logo files are supplied electronically to the client in print and web formats such as EPS, PNG, JPEG. Print files will be supplied as high-resolution PDF files. If other files types are required, that can be arranged – please specify when asking for a quote, if unsure of file type required please explain your planned use. 
  • All original artwork and source files remain the property of Radical Heart Creative unless otherwise arranged; there will be a fee for re-supply of original artwork and source files. Radical Heart Creative does not hand over the working files. If you are interested in obtaining these files for an additional fee, all details must be agreed upon, and contracts signed BEFORE any work on the project begins. 

Color Variation: 

  • Please note there may be color variation between the screen and the final product. This occurs due to differences in the way colors are managed on the screen (RGB) and print (CMYK). 
  • Screen proofing is not indicative of the final printed piece, printed colors can vary between printers, jobs, and different print runs. 
  • Radical Heart Creative will not be responsible for any color variations on printing as these factors are beyond our control.

Images: 

  • Any images supplied to Radical Heart Creative for use in a design project must have the approval of the photographer or have appropriate commercial licensing.
  • Radical Heart Creative will not be responsible for any legal issues or copyright breaches as a result of the use or printing of supplied images. 
  • Stock images, clip art, vector images can be used with the correct commercial license rights being purchased by the client OR Radical Heart Creative can arrange for their purchase which will incur a 15% commission being charged in addition to the image and license fees, payable prior to the image/license being purchased. 
  • Any images supplied by the client must be in high resolution; Radical Heart Creative is not responsible for color variation occurring if the image requires conversion from RGB to CMYK.

Courses:

  • I truly believe in the value my courses offer and I’m certain you will agree that they pack a valuable punch, but just in case you don’t I offer a satisfaction guarantee. I may refund your enrollment cost at my sole discretion, less a 15% admin fee to cover administration costs. To be eligible for a refund you must request this in writing to hello@radicalheartcreative.com within 7 days of the course end date. Refunds are provided in our sole discretion and you will have to show me that you did all of the work and participated in the Facebook group, group chats, and other course activities.

Privacy Policy: 

  • Your privacy is important. Radical Heart Creative respects your privacy and personal details. Any information supplied to Radical Heart Creative during the design process will be solely used for that purpose and not disclosed to any third parties without the written consent of the client.

 

QUOTES: 

  • All quotes expire after 7 days. 
  • All prices are in United States Dollars (USD). 
  • Any additional work outside the terms of the quote will be charged at an hourly rate of $150 per/hour. 
  • Radical Heart Creative is not responsible for increases in materials by third-party services (eg printers, packaging, suppliers, web developers, etc.) where the increases are beyond our control. 

 

PAYMENTS

  • Any job under $500 requires payment-in-full before work begins. 
  • Clients are required to pay 50% of the quoted design fee upfront. This 50% of the design fee is non-refundable once the design process has commenced. The balance (if any) is payable before the release of the final files, printed material or website handover. 
  • Any additional charges (stock images, non-standard typefaces, printing, etc.) are due at the time they are incurred and must be paid before they are acquired by Radical Heart Creative unless otherwise agreed. 

 

RETURNS & REFUNDS

  • All deposits are non-refundable once the design process has commenced, this is deemed to have occurred on receipt of a completed design brief and agreement on the design quote from the client and once I have started researching, sketching or working on designs. 
  • If a design project is canceled by the client prior to project completion a pro-rated payment may be applicable on any project that is more than 50% complete (as determined by Radical Heart Creative) for time spent on the project before the cancellation notice was received. In the event of project cancellation, Radical Heart Creative retains ownership of all copyrighted material and original artwork.
  • Please consider if a product is right for you/your business needs before making your purchase.

 

 

EDUCATION & MENTORING

By using our services, you agree that radicalheartcreative.com is not to be held liable for any decisions you make based on any of our services or guidance, and any consequences, as a result, are your own. Under no circumstances can you hold radicalheartcreative.com liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, mentoring, education, materials, or techniques used or provided by radicalheartcreative.com.

All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial, or legal advice. Results are not guaranteed and radicalheartcreative.com takes no responsibility for your actions, choices, or decisions.

JURISDICTION

This agreement and this website are subject to the laws of California, USA. If there are dispute between you and the radicalheartcreative.com that results in litigation then you must submit to the jurisdiction of the courts of the USA. 

 

CONTACT RADICAL HEART CREATIVE

If you have any questions about these Terms & Conditions or Radical Heart Creative’s treatment of your personal information, please write:

  • By email to hello@radicalheartcreative.com; or
  • By post to 350 E Street, Suite 208, Eureka California 95501.