HGDA Financing & Payment Terms
Hyland Graphic Design & Advertising (“HGDA”) offers internal payment plans on select projects to qualified clients. Financing is offered solely at HGDA’s discretion and is not guaranteed. Approval is based upon the nature, size, scope, complexity, and overall risk associated with each project. HGDA reserves the right to approve or deny any financing request for any lawful reason.
A down payment is required before any work begins. The required down payment will be determined by HGDA based on the size and scope of the project and is generally approximately thirty-three percent (33%) of the total Project Fee, unless otherwise agreed to in writing. The remaining balance may be divided into monthly installments over a financing term determined by HGDA.
Approved payment plans are subject to an annual interest rate of 12% APR (1% per month) calculated on the outstanding principal balance unless otherwise stated in writing. Financing fees and other applicable charges may apply. Clients may pay the remaining balance in full at any time without penalty, and interest will only accrue through the payoff date.
All approved financing requires enrollment in automatic recurring ACH payments or a recurring credit card on file. Monthly payments are due on the agreed-upon calendar day each month. Any payment not successfully received on its due date shall immediately incur a late fee equal to 5% of the overdue payment. Returned ACH payments, declined credit cards, chargebacks, insufficient funds, or reversed transactions shall be considered unpaid and may result in additional fees, suspension of services, and collection efforts.
Failure to make any scheduled payment constitutes a default under the payment agreement. Upon default, HGDA may immediately suspend all work, website development, digital marketing services, hosting, maintenance, consulting, technical support, website updates, advertising management, project launches, and any other active services until the account has been brought current. HGDA also reserves the right to declare the entire remaining balance immediately due and payable, terminate the financing arrangement, refer the account to collections, and pursue any legal remedies available under applicable law.
Any modification to the original scope of work, deliverables, timeline, functionality, or services requested by the Client shall constitute a Change Order. All Change Orders must be approved in writing by both HGDA and the Client before additional work begins. Approved Change Orders shall become part of the applicable agreement and shall increase the total Project Fee accordingly. Unless otherwise agreed in writing, approved Change Orders will be added to the outstanding project balance and, if applicable, incorporated into the existing payment plan. HGDA reserves the right to adjust monthly payment amounts, extend the payment schedule, or require an additional down payment before commencing the additional work.
Any services requested by the Client that are not expressly included within the original proposal, Creative Brief, Statement of Work, or Agreement shall be considered outside the original scope of work and may be billed separately at HGDA’s then-current rates or under a separately agreed fixed fee. No verbal request, assumption, or prior discussion shall modify the scope of work unless confirmed in writing by both parties.
HGDA retains full ownership of all concepts, artwork, graphic designs, logos, branding, websites, source code, source files, marketing materials, photography, videos, intellectual property, copyrights, licenses, and all other work product until all amounts owed have been paid in full. This includes, but is not limited to, project fees, approved Change Orders, financing balances, interest, hosting fees, maintenance fees, taxes, late fees, collection costs, and any other approved charges. No ownership rights, licenses, copyrights, or usage rights shall transfer to the Client until the account has been paid in full.
Until all outstanding amounts have been paid in full, HGDA shall have no obligation to release or transfer any deliverables, source files, website files, databases, code, artwork, documentation, passwords, administrative credentials, hosting access, domain access, or any other project-related assets to the Client or to any third party designated by the Client. No third-party developer, marketing agency, designer, consultant, IT provider, hosting company, or other representative shall be granted administrative access to any project or digital asset under HGDA’s control while any balance remains outstanding unless expressly authorized in writing by HGDA.
Hosting, maintenance plans, software licenses, premium plugins, domain registrations, security services, and other recurring services are separate from project financing unless expressly included within the applicable agreement. Recurring service fees remain due according to their respective billing schedules regardless of any project financing arrangement.
The Client agrees to reimburse HGDA, to the fullest extent permitted by law, for all reasonable costs incurred in collecting unpaid balances, including collection agency fees, court costs, attorney’s fees, and other expenses related to enforcing this Agreement.
These Financing & Payment Terms are governed by the laws of the Commonwealth of Pennsylvania. HGDA reserves the right to modify these terms at any time; however, any financing agreement already executed shall remain governed by the terms in effect at the time the agreement was entered into unless otherwise agreed in writing.
