TERMS & CONDITIONS

The following Terms and Conditions of Service apply to all Graphic Design products and services provided by Burst Visual Designs. All work is carried out by Burst Visual Designs with the understanding that the client has agreed to Burst Visual Designs Terms and Conditions. If a choice of design is presented, only one solution is deemed to be given by Burst Visual Designs as fulfilling the contract. All other designs remain the property of Burst Visual Designs, unless agreed in writing that this arrangement has been changed. DESIGN CHARGES Charges for design services to be provided by Burst Visual Designs will be set out in the written estimate or quotation that is provided to the client. At the time of the clients signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Burst Visual Designs has received this amount. A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to Burst Visual Designs via email (burstvisual@gmail.com). Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Burst Visual Designs terms and conditions. No work on the project will commence until the document and required deposit has been received by Burst Visual Designs (unless otherwise decided by BVD). CHARGES FOR OTHER SERVICES Charges for any additional services over and above the estimated design will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance (i.e.: printing costs). PROOFS AND DRAFTS All work will be submitted for client approval. Client is allowed to make two modifications after first submittal. Burst Visual Designs shall incur no liability for any errors not corrected by the client in works so submitted. Client alterations and additional proofs necessitated thereby shall be charged extra. When content, style, type or layout is left to Burst Visual Designs judgment, changes there from made by the client shall be charged extra. No responsibility will be accepted for differences between proofs and work supplied to the client where the methods of production differ. Slight variations in color are inherent with the CMYK print process. Burst Visual Designs cannot be held responsible for minor color discrepancies. Print Designs All visuals of progressive development will be emailed to the client as a PDF file or JPEG. If a different format is needed please advise upfront. Please be aware that all monitors display color differently. To ensure that the color is correct, it is highly recommended that the client views a color matching book or the final proof supplied by the printing company. ERRORS AND OMISSIONS It is the clients responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Burst Visual Designs is not liable for errors or omissions. The clients signature or that of an au thorized representative is required on all mechanicals or artwork prior to release for printing or other implementation. SIGNING OFF Once the final print or electronic artwork is approved, the client is required to approve each sample of artwork to agree that it is ready for printing or other implementation. This signature implies that the client is satisfied with the artwork and consents to it being printed or otherwise implemented. The client agrees to fully indemnify and hold Burst Visual Designs harmless in any and all claims resulting from errors on the print or electronic documents once the client has signed off on the artwork. DESIGN PROJECT DURATION Any indication given by Burst Visual Designs of a design projects duration is to be considered by the client to be an estimation. Burst Visual Designs cannot be held responsible for any project over-runs, whatever the cause. Burst Visual Designs should deem estimated project duration to be from the date that cleared funds are received by Burst Visual Designs for the initial payment or by date confirmed in writing. DESIGN PROJECT COMPLETION Burst Visual Designs considers the design project complete upon receipt of the clients signed Approval Form. Other services such as printing, contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

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OVER RUNS AND UNDER RUNS The client will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. Burst Visual Designs will bill for actual quantity delivered within this tolerance. If the client requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation. Every endeavor will be made to deliver the correct quantity ordered, but estimates are conditional. PAYMENT The client agrees to pay Burst Visual Designs in accordance with the terms specified in each proposal/estimate. Clients will be required to pay 50% of the project cost before work can begin, unless otherwise stated in writing. Unless, otherwise specified, all subsequent balances are payable upon art approval. The client will be provided with an Approval Form and Invoice prior to final publication. At this time, the remainder of the amount due will become payable and the client will also be required to sign and return the Approval Form to Burst Visual Designs. Accounts that remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% of the entire contracted price per week that the amount is outstanding. Failure to produce payment after 30 days will be handed over to debt collectors. Should Burst Visual Designs provide the client with the requested artwork, but fails to receive feedback from the client within a thirty (30) day period, the balance of the invoice becomes payable immediately. Payments may be made via cash or electronic funds transfer (EFT). Publication and/or release of work done by Burst Visual Designs on behalf of the client, may not take place before cleared funds have been received. Copyrights and Trademarks By supplying text, images and other data to Burst Visual Designs for inclusion in the clients marketing material, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. The client may request in writing from Burst Visual Designs, the necessary permission to use materials (for which Burst Visual Designs holds the copyright) in forms other than for which it was originally supplied, and Burst Visual Designs may, at its discretion, grant this for an extra fee. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Burst Visual Designs, the client grants Burst Visual Designs permission to use this material freely in the pursuit of the design. Should Burst Visual Designs or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright- and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Burst Visual Designs to remove and/or replace the file. The client agrees to fully indemnify and hold Burst Visual Designs free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permission. All copyright is retained by Burst Visual Designs on all design work including words, pictures, ideas, visuals and illustrations (unless specifically released in writing) and after all costs have been settled. REVISIONS AND ALTERATIONS New work requested by the client and performed by Burst Visual Designs after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, Burst Visual Designs will submit a proposal revision to the client and both parties must agree to a revised additional fee before further work proceeds. The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that Burst Visual Designs holds no responsibility for any amendments made by any third party, before or after a design is published. PRIORITY SERVICE AND OVERTIME Estimates are based on a reasonable time schedule, a nd may be revised to take into consideration your Priority Scheduling requests requiring overtime and weekends, which will require additional fees. Knowledge of your deadlines is essential to provide an accurate estimate. Burst Visual Designs and outside suppliers may charge a 100% 200% markup on Rush Service and overtime after 5:00pm and weekends. LICENSING Any design, copyrighting, drawing, or idea created for the client by Burst Visual Designs, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Burst Visual Designs and any of its relevant sub-contractors. The client should register all design work where there is a risk that another party makes a claim, with the appropriate authorities prior to publishing or first use, or searches and legal advice sought as to its use. Burst Visual Designs will not be held responsible for any and all damages resulting from such claims. Burst Visual Designs is not responsible for any loss, or consequential

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loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Burst Visual Designs responsible for any such loss or damage. Any claim against Burst Visual Designs shall be limited to the relevant fee(s) paid by the client. DATA FORMATS The client agrees to Burst Visual Designs definition of acceptable means of supplying data to the company. Text is to be supplied to Burst Visual Designs in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, USB thumb drive, via e-mail, or online storage services. Images which are supplied in an electronic format are to be provided in a format as prescribed by Burst Visual Designs via CD-ROM, USB thumb drive, via e-mail or online storage services. Images must be of a quality suitable for use without any subsequent image processing, and Burst Visual Designs will not be held responsible for any image quality, which the client later deems to be unacceptable. Burst Visual Designs cannot be held responsible for the quality of any images, which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services. DESIGN CREDITS The client agrees to allow Burst Visual Designs to place a small credit on printed material, exhibition displays, and advertisements and/or a link to Burst Visual Designs own website on the clients website. This will usually be in the form of a small logo or line of text placed towards the bottom of each page. The client also agrees to allow Burst Visual Designs to place websites and other designs, along with a link to the clients site on Burst Visual Designs own website for demonstration and promotional purposes and to use any designs in its own publicity. RIGHTS OF REFUSAL Burst Visual Designs will not include in its designs, any text, images or other data, which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Burst Visual Designs also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Burst Visual Designs does include in all good faith, but discovers that it contravenes these Terms and Conditions, the client is obliged to allow Burst Visual Designs to remove the contravention without hindrance, or penalty. Burst Visual Designs is to be held in no way responsible for any such data being included. PROPERTY AND SUPPLIERS PERFORMANCE Burst Visual Designs will take all reasonable precautions to safeguard the property entrusted to Burst Visual Designs by the client. In the absence of negligence on Burst Visual Designs part, however, Burst Visual Designs is not responsible for the loss, destruction or damage or unauthorized use by others of such property. Burst Visual Designs will use every effort to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although Burst Visual Designs may use every effort to guard against any loss to the client through the failure of the vendors, media, or others to perform in accordance with their commitments, Burst Visual Designs is not responsible for failure on their part. Should the client opt to select their own vendors other than those recommended by Burst Visual Designs, the client may request that Burst Visual Designs co-ordinate their work. Burst Visual Designs will endeavor to assist wherever possible, however, Burst Visual Designs cannot in any way be held responsible for quality, price, performance or delivery. CANCELLATION Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Burst Visual Designs will require formal notification in writing to the companys postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Burst Visual Designs within 14 days of such instruction being issued will be liable for the full quoted cost of the project. TERM AND TERMINATION The term of this agreement will continue for work in progress until terminated by either party upon thirty (30) days written notice. If client should direct Burst Visual Designs at any time to cancel, terminate or put on hold any previously authorized purchase, Burst Visual Designs will promptly do so, provided that the client holds Burst Visual Designs harmless for any costs incurred as a result. Upon termination of this agreement, Burst Visual Designs will transfer to client all property and materials which have been paid for. Client will indemnify and hold Burst Visual Designs harmless for any loss or expense (including attorneys fees), and agree to defend Burst Visual Designs in any actual suit, claim or action arising in any way from the working relationship. This includes, but is not limited to assertions made against the client and

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any of its products and services arising from the publication of materials that Burst Visual Designs prepares for the client before publication. PRODUCTION SCHEDULES Production schedules will be established and adhered to by both the client and Burst Visual Designs, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the client or Burst Visual Designs. Where the client does not adhere to production schedules, final delivery date will be adjusted accordingly. DISCLAIMER Burst Visual Designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Burst Visual Designs will not be held responsible for any and all damages resulting from products and/or services it supplies. Burst Visual Designs is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While reasonable steps will be taken to investigate the materials recommended, Burst Visual Designs accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Burst Visual Designs responsible for any such loss or damage. Any claim against Burst Visual Designs shall be limited to the relevant fee(s) paid by the client. Burst Visual Designs 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. Burst Visual Designs will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Burst Visual Designs and its clients agree to comply with Printers Terms and Conditions that include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Burst Visual Designs recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed. ADDITIONAL PROVISIONS The validity and enforceability of this agreement will be interpreted in accordance with the laws of The USA applicable to agreements entered into and performed in The USA. This agreement is the entire understanding and may not be modified in any respect except in an executed agreement. In the event of retaining attorneys for collection of invoices, Burst Visual Designs will be entitled to reasonable attorneys fees, court costs and interest at the maximum rate permitted by law. These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Burst Visual Designs reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. ACCEPTANCE OF QUOTATION AND TERMS AND CONDITIONS The placement of an order for design and/or any other services offered by Burst Visual Designs and validated by the clients 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 Burst Visual Designs.

_______________________________________ Signature

______________________ Date

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