Terms of Service

These Terms of Service set out the general conditions under which BENJIPUNK LLC designs and produces gig posters, sticker sheets, paste-up print sets, album cover art, band merch graphics and street team kits. They are meant to be read before a proposal is accepted, and they apply alongside the written proposal that describes the specific Project.

The Company works from 470 W 15 S Unit F302, Providence - 84332-6128, United States (US), and can be reached at office@benjipunk.buzz or on +19568073655. A short summary of the legal structure follows: the Company is a small studio, the Client is the party requesting work, and the Project is the agreed piece of work between them. The numbered sections below explain how those three parties meet, what each owes the other and what happens if something goes wrong.

1. Definitions

This Terms of Service agreement governs the use of this website and the design and production services provided by BENJIPUNK LLC. The agreement is written in plain English so that a client can understand the working relationship before any money changes hands. Each heading is numbered so that a specific clause can be discussed without confusion.

In this agreement the Company means BENJIPUNK LLC, a limited liability company located at 470 W 15 S Unit F302, Providence - 84332-6128, United States (US). The Client means the person, band, venue, label or organisation that requests or purchases services. The Services means the design and production work described on the Services page, including gig poster design, sticker sheet runs, paste-up print sets, album cover art, band merch graphics and street team kits. The Work means every file, print, sticker, proof and deliverable prepared for the Client. The Site means this website.

A Project means a defined piece of work with agreed scope, dates and fees. A Proof means a digital or printed version of the Work presented for approval. Approved means that the Client has confirmed a Proof in writing, by email or by another recorded message. A Business Day means Monday to Friday excluding public holidays observed where the Company operates.

2. Acceptance of These Terms

By visiting this website, sending a message, requesting a quote or accepting a proposal, the Client agrees to this agreement. If the Client does not agree, the Client should not use the Site and should not engage the Company. A person who accepts on behalf of an organisation confirms that they have authority to bind that organisation.

A quote or proposal remains open for the period stated on it, and where no period is stated it remains open for fourteen days from the date of issue. An agreement is formed when the Client confirms a proposal in writing, pays any required deposit, or asks the Company to begin work and the Company accepts that instruction.

This agreement is the complete statement of the general terms that apply to the Services. A specific written proposal may add detail about scope, dates, fees and materials, and that proposal will take priority where it conflicts with this agreement. Nothing in this agreement removes a right that applicable law does not allow the parties to exclude.

3. Scope of Services

The Company provides design, preparation and art direction for street-facing and release-facing materials. Every Project begins with a brief that records the room, the dates, the audience, the intended surface and the budget. Once the brief is confirmed, the Company prepares the Work described in the proposal and only that Work. Any new request that is not in the proposal is treated as a change.

The Company designs and prepares files for print. Physical production may be carried out by the Company through partners or by a printer chosen by the Client. Where the Client arranges production, the Company supplies print-ready files and reasonable guidance, and the Client manages the production relationship. The Company is not responsible for the output of a third party printer that the Client selects unless the Company instructed that printer directly.

The Services are offered to professional and semi-professional clients. The Company may decline a request that involves unlawful content, plagiarism, hateful material or a schedule that cannot be met with honest work. A refusal will be explained and will not be dressed up as a technical limit.

4. Client Obligations

The Client agrees to provide accurate information, timely feedback and clear approvals. Delays in feedback extend the schedule by at least the length of the delay. The Client is responsible for the accuracy of names, dates, venue details, spelling and lineups in the final approved Proof, although the Company will always check these details and raise anything that looks wrong.

The Client confirms that it owns or has permission to use every image, photograph, logo, font and text that it supplies. The Client should disclose any usage restriction that affects a photograph, a typeface or a piece of artwork. If a claim arises from material that the Client supplied without rights, the Client is responsible for that claim, and the Company will cooperate in resolving it.

The Client agrees not to ask the Company to copy another studio design, to reproduce copyrighted artwork without permission, or to remove a signature that the Company places on its own illustration. The Client also agrees to follow local rules about the surfaces where posters are placed, because the Company supplies artwork and guidance but does not control the street.

5. Fees and Payment

Fees are stated in the proposal. Unless the proposal says otherwise, a deposit of fifty percent is due before drawing begins and the balance is due before final files or physical goods are released. The deposit reserves bench time and protects the schedule of other clients, and it is generally not refundable once drawing has started.

Quotes are valid for the period stated and may be revised if the scope changes. Additional revisions beyond the number included in the proposal, new sizes, new dates or a change of direction after approval are quoted separately. The Company will not carry out chargeable extra work without written agreement.

Invoices are payable within fourteen days of issue unless the proposal states otherwise. Late payment may pause work and may attract a reasonable administrative charge where the law allows. The Client is responsible for any bank fee, transfer cost or tax that applies to a payment. The Company will provide clear invoices and will never add a hidden fee after the fact.

6. Changes and Revisions

Two rounds of revision are included in a standard Project unless the proposal says otherwise. A revision round means one consolidated set of comments sent in one message. Comments sent in several separate messages may be treated as separate rounds if they require a fresh round of layout and checking.

A change of direction after a Proof has been approved is treated as new work. Examples include a new visual concept, a new poster size that changes the layout, a new title or a different line-up structure. The Company will explain the effect on fee and schedule before starting any such work.

Minor corrections to spelling, contact details and dates are always handled promptly and without charge before the final files are released. The Company would rather fix a small error than let it reach a wall.

7. Proofing and Approval

The Company presents the Work as a Proof for review. The Client should check the Proof carefully for spelling, names, dates, addresses, telephone numbers and the correct use of logos. Approval should be given in writing with a clear statement that the Proof is approved for production or release.

Once a Proof is approved, the Client is responsible for the details it contains. The Company will still correct obvious production errors that it caused, but it is not responsible for a detail that was present in the approved Proof and overlooked by the Client. Where a change is possible after approval, the Company will make it and will explain any cost or delay.

Colour can vary between screens, proofs and production runs. The Company aims for close colour management and will tell the Client when a chosen stock or process is likely to shift a colour. A reasonable variation of this kind is not a defect, and the Company will not claim that any screen can show an exact final print colour.

8. Delivery and Timelines

The Company provides estimated schedules in good faith and keeps the Client informed of progress. Deadlines depend on timely client feedback, so a Client delay moves the estimated delivery date. The Company will not promise a date that it cannot reasonably meet, and it will say so early if a schedule becomes difficult.

Digital files are delivered through a link or a transfer service. Physical items are delivered through a courier or collected by arrangement. Risk in physical items passes to the Client on delivery to the address given by the Client. The Client should inspect goods promptly and report a shortage or transit damage within seven days.

If delivery is delayed by an event outside the reasonable control of the Company, including severe weather, a carrier failure or a public emergency, the Company will resume work as soon as possible and will discuss a fair adjustment to the schedule.

9. Intellectual Property

The Company retains ownership of its underlying methods, drawing systems, templates, working files and any unused concepts. On full payment, the Client receives a licence to use the delivered Work for the purpose described in the proposal. Unless the proposal states otherwise, the licence covers the promotional and commercial use of the approved design for the named project.

The Client may not resell, sublicense or redistribute the Work as a design asset, and may not claim authorship of the illustration. The Company may display the Work in its portfolio unless the Client has asked for confidentiality in writing. A confidential project is respected without argument, and no display happens without permission.

Third party components such as fonts and stock imagery remain subject to their own licences. Where a licence is required for a font or an image, the proposal will identify it and the Client is responsible for the licence fee unless the proposal includes it.

10. Confidentiality

Each party will keep the confidential information of the other party private. Confidential information includes unreleased music and artwork, tour plans, venue negotiations, pricing and client lists. The obligation does not cover information that is already public, that the receiving party already knew, or that the law requires the party to disclose.

The Company may share limited information with a printer or production partner to the extent needed to complete the Work. Partners are asked to keep the information private and to use it only for the agreed task. The Company will not share a client campaign with another client or with a promoter who is not involved in the Project.

The obligation continues after the Project ends. If a Client asks the Company to delete project material, the Company will do so where no accounting or legal record must be kept.

11. Warranties and Disclaimers

The Company warrants that it has the skill and care expected of a professional design studio, that the Work will be original where the Company creates it from scratch, and that the Work will be prepared with reasonable care for the intended use. The Company does not warrant that a poster will remain intact on a public surface, because weather, removal crews and local conditions are outside its control.

The Site is provided as it stands. The Company aims for accuracy in every service description, but it does not promise that the Site will be free of interruption or error. Information on the Site is general and is not a substitute for a written proposal.

No other warranty is given, whether express or implied, beyond what this agreement states or what the law requires. Where the law does not allow a particular disclaimer, that disclaimer does not apply, and the rest of the agreement continues in force.

12. Limitation of Liability

To the extent the law permits, the total liability of the Company for a Project is limited to the fees paid for that Project. The Company is not liable for lost profit, lost opportunity or indirect loss. This limit does not apply to fraud, wilful misconduct or a liability that cannot lawfully be limited.

The Client is responsible for the way the Work is used after delivery. The Company is not liable for a claim that arises from a Client instruction, a Client supplied image, a change the Client made to the Work, or a poster placed on a surface where placing it was not permitted.

If a defect in the Work is caused by the Company, the Company will correct the file or remake the affected item at no charge where that is practical. The Client should report the defect promptly with a description and, where possible, a photograph.

13. Indemnity

The Client agrees to indemnify the Company against a reasonable loss, cost or legal expense that arises from material the Client supplied without the necessary rights, from an instruction the Company followed in good faith, or from the Client use of the Work in a way this agreement does not allow.

The Company agrees to indemnify the Client against a claim that Company created artwork infringes the rights of a third party, provided the Client used the Work as agreed and reported the claim promptly. The Company may choose to defend the claim, replace the artwork or refund the relevant fee.

A party seeking indemnity must give the other party prompt notice and reasonable cooperation. Neither party may settle a claim in a way that admits fault on behalf of the other without consent.

14. Termination and Cancellation

Either party may end a Project by written notice. If the Client ends the Project, the Client pays for work completed up to the date of notice and for any non-refundable material already ordered. The deposit is retained to cover reserved bench time and work already done.

If the Company ends the Project for a reason other than Client breach, the Company refunds any fee paid for work that has not been delivered. If the Company ends the Project because the Client has breached this agreement, the Company may keep the deposit and invoice for completed work.

Clauses about confidentiality, intellectual property, liability, indemnity and governing law continue after the Project ends. Termination does not affect a right that accrued before the end date.

15. Events Outside Control

Neither party is liable for a delay caused by an event outside reasonable control, including a natural disaster, a prolonged power failure, a transport disruption, an epidemic or a change in law. The affected party will notify the other party and will take reasonable steps to reduce the effect.

If such an event continues for more than sixty days, either party may end the Project by written notice. In that case the Client pays for work completed and for materials already committed, and the Company returns any unused part of a prepayment.

16. Privacy and Data

The Company handles personal information in accordance with the Privacy Policy, which forms part of this agreement. The Privacy Policy explains what is collected, why it is collected and how long it is kept. By engaging the Company, the Client acknowledges that it has read the Privacy Policy.

A Client that supplies personal information about other people, such as a list of street team volunteers, confirms that it has a lawful basis to share that information. The Company will use the information only for the Project and will delete it when the Project and any record keeping duty are complete.

17. Third Party Materials and Links

The Company may use third party fonts, images, printing services and couriers. The Company chooses these parties with care, but it does not control their conduct. The Client may be subject to the terms of those parties, and the Company will identify the significant ones in the proposal where that helps.

The Site may link to external pages. A link does not mean that the Company endorses everything on the destination. The Client should review the terms of any external service before relying on it.

18. Governing Law and Disputes

This agreement is governed by the laws of the United States and of the state where the Company is established, without regard to conflict of law rules. The parties will first try to resolve a dispute through good faith discussion within thirty days of written notice.

If discussion does not resolve the matter, the parties may agree to mediation before a neutral mediator. Where mediation is not agreed or does not succeed, the dispute may be brought before a court of competent jurisdiction. Each party bears its own costs unless a court decides otherwise.

Nothing in this clause prevents a party from seeking urgent relief to protect confidential information or intellectual property.

19. General Provisions

This agreement, together with the proposal and the Privacy Policy, is the entire understanding between the parties about the Project. A statement made in a conversation does not change the agreement unless it is recorded in writing and accepted by both parties.

If a clause is found to be unenforceable, it is adjusted to the minimum extent needed or removed, and the remaining clauses stay in force. A failure to enforce a clause on one occasion is not a waiver of that clause.

The Client may not transfer its rights under this agreement without the written consent of the Company. The Company may transfer its rights as part of a reorganisation, provided the successor honours this agreement.

Notices should be sent to office@benjipunk.buzz or by post to the Company address. A notice is treated as received on the next Business Day after a successful email or on delivery of a postal item.

20. Contact Information

Questions about this agreement should be sent to the studio. The Company welcomes a conversation before a Project begins, because clear terms make better work. The full address is 470 W 15 S Unit F302, Providence - 84332-6128, United States (US). The email is office@benjipunk.buzz and the telephone number is +19568073655.

The Company answers written questions within two Business Days. If a Client needs an amendment to the standard terms for a larger campaign, the Company is willing to discuss it and to record any agreed change in a signed proposal.

This agreement should be read together with the Privacy Policy, which explains how the Company handles personal information during a Project and after it ends.