A good business transaction is when both parties fully understand each other.

You’ll find our Terms & Conditions to be fair and above board. They have been designed to protect your rights, as well as the rights of our staff and artwork.

By utilizing FASTCHARACTERS.COM web site ( www.fastcharacters.com ), design services and/or submitting a project via the world wide web, e-mail, phone, fax or in person, to FASTCHARACTERS.COM you (”THE CLIENT”) agree to the Terms and Conditions of Use (”TERMS AND CONDITIONS”) as outlined below. Please acquaint yourself with our TERMS AND CONDITIONS before submitting any order for artwork, logo design or graphics design (”THE PROJECT”).

If you do not accept these Terms and Conditions, you may not use FASTCHARACTERS.COM design services, studio or web site(s).

In the context of these TERMS AND CONDITIONS, preliminary designs “PRELIMINARY DESIGN(s)” refers to the first set of character/artwork sketch(es) presented to THE CLIENT by FASTCHARACTERS.COM as part of THE PROJECT.

In the context of these TERMS AND CONDITIONS, design revisions (”REVISION(S)”) shall refer to changes to PRELIMINARY DESIGNS and/or new artwork, within THE PROJECT’s original brief, and AFTER presentation of PRELIMINARY DESIGNS. In the context of these TERMS AND CONDITIONS, final designs (”FINAL(S)”) shall refer to the artwork and/or character design that the CLIENT has approved as a completed artwork, and the artwork that CLIENT wishes to take delivery of, as well as obtain copyright transfer of (if applicable).

TERMS & CONDITIONS

1. FASTCHARACTERS.COM will begin creation of a character design (THE PROJECT) upon receipt of a FULL PAYMENT from THE CLIENT.
2. Upon completion of THE PROJECT, FASTCHARACTERS.COM agrees to transfer all electronic files relating to THE PROJECT to THE CLIENT via previously agreed to method of transmission. FASTCHARACTERS.COM will transfer ownership of copyright to the client (if applicable), in writing, at that time. FASTCHARACTERS.COM retains the right to utilize ANY artwork, designs, edits, revisions and work product from THE PROJECT in advertising, promotion and other display such as on the FASTCHARACTERS.COM website and other FASTCHARACTERS.COM assets.
3. FASTCHARACTERS.COM agrees to add a Trademark, Copyright or other ownership mark as may be requested by THE CLIENT from time to time.
   Due to the complexities of international copyright and trademark law, FASTCHARACTERS.COM 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. THE CLIENT agrees that any material, including but not limited to, images, photographs, graphics, artwork, media, text and illustrations supplied by the CLIENT at any time for inclusion, incorporation and/or addition into THE PROJECT (”CLIENT SUPPLIED MATERIALS”) are the property of THE CLIENT, or that THE CLIENT has taken the necessary steps to acquire permission of the legal copyright and/or trademark holder. THE CLIENT agrees to supply FASTCHARACTERS.COM this permission, in writing, if requested. THE CLIENT also agrees to indemnify FASTCHARACTERS.COM in the case that CLIENT SUPPLIED MATERIALS are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material.FASTCHARACTERS.COM reserves the right to refuse to incorporate artwork and/or other media supplied by the CLIENT for use in THE PROJECT, if it is FASTCHARACTERS.COM’s belief that use of such material is contrary to copyright law and the CLIENT will not submit proof of ownership and/or permission or a specific waiver and indemnity for use of said material. If CLIENT supplies FASTCHARACTERS.COM artwork, illustrations, photography, designs, composites, sketches, drawings, without copyright notice, or signed permission for use of said copyright, and if such copyright notice cannot be verified, FASTCHARACTERS.COM reserves the right to waive copyright ownership claim, and subsequent transfer of same to CLIENT as part of THE PROJECT.
5. Once THE PROJECT has been initiated and PRELIMINARY DESIGNS created and approved by the client, all payments made by CLIENT become nonrefundable. In the unlikely event that FASTCHARACTERS.COM cannot create a design that THE CLIENT will approve of, THE CLIENT may cancel THE PROJECT in writing. The project then becomes subject to an administration fee amounting to no less than the $99. FASTCHARACTERS.COM will apply any project retainer fees to this ‘guarantee-fee’. In the event of a job cancellation, artwork remains the exclusive intellectual property and copyright of FASTCHARACTERS.COM unless released in writing by FASTCHARACTERS.COM. If a final design is not selected by THE CLIENT within 30 days, all works related to project become the exclusive property of FASTCHARACTERS.COM). Also, if THE PROJECT retainer payment was submitted via any credit card service, THE PROJECT is also subject to a $99 administration and service fee should the project be cancelled, for any reason, by the client, prior to approval and/or completion. Any billing dispute must be submitted to our staff, who can be contacted using the information contained on the Contact Us page found at www.fastcharacters.com/contact.
6. No further changes in the PROJECT may be requested by THE CLIENT, after PRELIMINARY DESIGNS have been approved by THE CLIENT. Such changes require a new PROJECT submission and the creation of a new set of PRELIMINARY designs. REVISIONS of any PRELIMINARY design must be within the original scope of the PROJECT as submitted to FASTCHARACTERS.COM, by THE CLIENT, prior to approval by THE CLIENT of PRELIMINARY DESIGNS. Any public publishing of PRELIMINARY DESIGNS or REVISIONS by THE CLIENT, or if THE CLIENT makes said web site available on the ‘World Wide Web’ (THE INTERNET) through placing of any PRELIMINARY DESIGNS or REVISIONS artwork on a server and making this IP address available to Internet traffic, constitutes FULL acceptance of ANY and ALL material related to THE PROJECT. Any further edits, or revisions to THE PROJECT will be subject to additional hourly billings and/or charges to THE CLIENT.
7. In the course of THE PROJECT, FASTCHARACTERS.COM will remain in contact with the client regarding edits, revisions and scheduling. If THE CLIENT fails to provide necessary feedback to FASTCHARACTERS.COM regarding any edits and/or revisions within 28 days, THE PROJECT may be subject to termination and placement in our STALE DATED database. Any STALE DATED project is subject to a $99 ($US) reactivation and unarchiving fee. This fee is at the sole discretion of FASTCHARACTERS.COM
8. If THE CLIENT fails to communicate with FASTCHARACTERS.COM regarding any initiated project for a period of more than 90 days, such project will be canceled, and all funds paid to FASTCHARACTERS.COM by THE CLIENT 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 FASTCHARACTERS.COM 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 FASTCHARACTERS.COM.
9. 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 type of character change, theme of character 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. Any outstanding fees owed by the client on a completed project will be fully payable. Outstanding fees not paid in full by THE CLIENT will be sent to our lawyers for collection. THE CLIENT agrees to pay any legal fees accrued in the collections process. Please pay on time.
10. 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 FASTCHARACTERS.COM. Any use of this work project by THE CLIENT and/or their assigns is strictly prohibited without written, prior permission by FASTCHARACTERS.COM
11. FASTCHARACTERS.COM 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 FASTCHARACTERS.COM as a ‘work-for-hire’ vendor, or in direct professional consultation with FASTCHARACTERS.COM Such consultation is subject to fees as agreed to by THE CLIENT and FASTCHARACTERS.COM By contracting FASTCHARACTERS.COM 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 using the contact information listed on the Contact page of our web site.