These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By purchasing logo design services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
This Agreement is between “The Designer”, Marin Design Agency LLC (DBA Michelle Marin) and the client purchasing the services.
CLIENT SCHEDULE
Below are the allotted times the client has to complete each form and/or respond to any of the designer’s emails from the time they receive it. This includes the client’s questionnaire, questionnaire email, design options form, revision form(s), and final files form.
- To Keep Project on Time for Completion: 1 Business Day
- Client Deadline to Avoid Delay Fees: 30 Calendar Days
If the client does not respond within (1) business days to any emails from the designer relating to giving feedback/revisions or completed his/her delivered form, the completion date will be pushed back per each business day that the client’s email response is not received by the designer and depending on the designer’s current production schedule.
TIMELINE
The timeline depends on the client’s responsiveness throughout the process. The client understands that it’s his/her responsibility to fill out his/her forms provided in order to move on to the next phase of the project. In addition, if the client is late in completing his/her form or providing any content/feedback related to the project, the client’s project completion date will be pushed back depending on the designer’s current production schedule.
Questionnaire Phase …………………………………………………………… Pre-Start
Client completes questionnaire. After the client completes his/her questionnaire in its entirety, the designer will send a “questionnaire” email to clarify the client’s vision for the project. The project starts after the client has answered all the questions asked by the designer. The client must answer the Questionnaire Email in it’s entirety in order to proceed to the next phase of the project.
Design Options Phase ………………………………………………………… 5 business days
The designer will present the logo options to the client during his/her scheduled “Design Options” meeting. After the scheduled meeting, the client has (1) business days to complete his/her provided “Design Options” form if the client would like the project to stay on time for completion. If the client needs more time to complete the form, the client has up to (30) calendar days from the time the client received his/her form to avoid delay fees. The options form must be completed in entirety before the client can move to the next phase of the project.
Revisions Phase ………………………………………………………… 5 business days
The designer will present the revised design design to the client during his/her scheduled “Revisions” meeting. After the scheduled meeting, the client has (1) business days to complete his/her provided “Revisions” form if the client would like the project to stay on time for completion. If the client needs more time to complete the form, the client has up to (30) calendar days from the time the client received his/her form to avoid delay fees. The revisions form must be completed in entirety before the client can move to the next phase of the project. After the “ Revisions” form is completed in its entirety and there are no more changes requested by the client, the designer will send the client a “final files” form. If the client elects to make more changes to the design, the designer will send the client a link to pay for the additional changes.
Final Files Phase …………………………………………………………… 2 business days
The designer will send the final files to the client via the client’s “Final Files” form within 2 business days from the time the client completes the Revisions Phase. After the client is supplied their “Final Files” form, the client has up to (7) calendar days from the time the client received his/her form to download his/her final files. After (7) business days, the download link automatically expires. The designer doesn’t guarantee file storage past (30) days. If the client would like the designer to resend the final files after the client has already been supplied with final files, it will cost an additional fee of $50.
ADDITIONAL FEES
Additional Design Revisions ………….………………………………………. $35 per
If the client would like an additional beyond your first round of revisions, each change is $35.
Additional Phone Meetings ………….………………………………………. $100 per
This package includes online/digital communication via online forms only. There are no phone meetings included in this package. If the client would like to add additional phone meetings to his/her package, it is $100 (up to 25 mins).
Additional Design Option(s) ………….…….…………………………………… $275.00
If the client would like additional design option(s) exceeding what is included in his/her package, the client will be charged $275 per (3) new design options.
Additional Employee Designs ………….…….…………………………………… $50.00 / ea.
Client understands that the print design includes 1 final file. If the client would like additional employee designs exceeding what is included in his/her package, the client will be charged $50 per employee design file.
Revisions Delay …..………………………………………………………………………. $75.00
Client must submit revision requests within 5 business days of receiving the design options. A $75 delay fee will be charged otherwise.
Questionnaire Delay………..……………………………………..…………………… $75.00
Client must complete the questionnaire in its entirety within 10 business days of signing this contract. A delay fee of $75 will be charged otherwise.
Re-Design / Re-Draw …………………………..……………………………………… $275.00
If, after the client is presented logo design options and the client requests changes to an existing design which fall outside the parameters of minor modifications, a “re-design” fee of $275 will be charged.
Project Rush Fee………..……………………………………….……………………… 20% / business day
If the client would like to have the project completed before the typical timeframe, the client will be charged a rush fee of 20% of the total per each business day the project is completed before the typical timeframe. If the typical timeframe is a range, the rush fee will be calculated from the average of the range given.
REVISIONS
(a) Client must choose 1 design before requesting their first round of revisions
(b) Once the client has chosen a design concept, they may not select a previous option
(c) Client gets (1) round of revisions
(d) Upon receipt of designs, client has 1 business day (per each round) to provide designer with revision requests
(e) If the designer receives revision requests after 30 days from the time of receipt, a delay fee of $75 will be charged
(f) If the client does not submit revisions within 90 days of receiving logo from designer, the client accepts the design as is
(g) Client gets (1) revision session
(h) A “change” is a minor modification to an existing design
(i) Changes to an existing design which fall outside the parameters of minor modifications are considered a “redesign”
(j) Designer has full discretion in distinguishing between a “change” and a “redesign”
(k) If the designer defines the change(s) as a redesign, the client will be charged for an additional option
(l) All revisions must be submitted via the client’s online form
(m) Once the client approves his/her design, no more revisions will be made to the design. Final files will be given to the client upon final payment clearing and final client approval. If the client would like the designer to make changes to the design after the project is finalized, the client can hire the designer to do so under a new contract and for an additional fee.
QUESTIONNAIRE
(a) Client agrees to complete the questionnaire in its entirety within 30 days of purchasing design services and understands that no work will begin until its completion.
(b) If the questionnaire is received after 30 days of purchase, a $75 fee will be charged.
(c) If the questionnaire is not filled out within 90 days of purchase, the designer is released from designing the design and moneys paid will not be refunded to the client.
PROOF READING ARTWORK
It’s the Client’s responsibility to ensure all content is accurate before giving to the designer to input into any designs created. Additionally, the client is responsible for Proof Reading the artwork proof before it is approved. The designer is not responsible for errors found after the artwork has been approved.
PRINTING REQUIREMENTS
After artwork is approved, the Client is responsible to advise the designer of the intended way of printing. Any printer specifications, format requirements, printer’s design templates must be supplied and communicated to the designer before creating the final Print File. Any print errors after the final file has been approved and submitted is not the designer’s responsibility. The Client understands that for the designer to correct or adjust print files after client approval is given, there will be an additional fee.
COLOR
Due to differences in monitor and printer calibration, the color of a printed product will likely vary from what you see on screen or what prints on your printer. Additionally, colors will likely vary monitor to monitor AND printer to printer. If print color is a concern to the client, the designer advises the client order a “press proof” before printing in bulk.
PANTONE COLOR
PMS (which stands for Pantone Matching System) is a color system based upon over one thousand standardized ink colors. Using PMS color is the best way to ensure exact color accuracy and color consistency when printing with PMS color. However, it’s often expensive/not economical to use PMS for printing purposes.
PMS is not recommended if your company has:
(a) (2) colors or more in your print design
(b) Photography in your print design
(c) Gradients or ranges of color in your print design
PMS is recommended if your company plans to now or in the future:
(a) To require exact color accuracy and consistency in its brand print collateral
(b) Have a design that is limited to (1)—(2) colors
(b) Use screen-print process printing to print your design, ie: screen-printed t-shirts, or letter-pressed business cards
(c) Have the financial capital to invest in PMS color printing methods (not as economical as printing 4-color process printing)
The client understands that PMS colors the client views on his/her computer monitor can vary greatly and will not look exactly the same as a printed PMS color. To get the most accurate impression of how any printed PMS color will look, its recommended to refer to a printed version of the PMS color.
If the client elects to have PMS Color embedded in his/her final art file, they must elect one of the following options:
(a) Securing a Pantone Formula Guide Book to compare the chosen color on their screen to the color in the Pantone book. And ensure the color chosen is as they would like. The Pantone Formula Guide Book is a book with all Coated and Uncoated Pantone Colors. Where the client can physically see the exact color as it will be printed. ($160.00 USD / Formula Guide Book)
(b) Or the client may secure a Pantone Simulator Print to ensure that the Pantone Color chosen for their brand is the correct color once printed. The Pantone Simulator Print is a digital print of up to 5 different Pantone Colors on up to 5 different types of common print surfaces / paper materials. ($15.00 USD / Pantone Simulator Color Sheet)
(c) The client can elect to go off monitor color if the client gives written acknowledgement that colors may vary slightly from the screen to paper.
CONTACT
Client agrees and understands that all communication will be via email.
Emails and phone calls will be answered within 3 business days during the work week when the designer is in the office. The designer will respond to emails sent over the weekend, nationally observed holidays, or when the designer is out of the office for any reason, within 3 business days of the following business day. Any correspondence after 5pm EST/EDT on business days will be considered received the following business day.
CREDIT CARD AUTHORIZATION
Client authorizes Michelle Marin to charge the same credit card used to purchase the client’s package for any additional fees including: additional options, additional revisions, and rush fees.
ADDITIONAL FEES
In the event that additional services/fees are added to the project. The client will be charged for additional fees including: additional design options, additional revisions, rush fees, or anything not included in the client’s package. Payment for additional fees are due in advance, prior to rendering any more work, and before final files are delivered to the client.
REFUND POLICY
All sales are final. There are no refunds.
CHARGEBACK
(a) In the event the client does a chargeback, client agrees to pay all fees related to the charge back including, but not limited to collection fees and fees charge by the payment processing company.
(b) Client also agrees and understands that if a chargeback is made, they will be sent to collections to recoup all costs associated with the chargeback.
DELAYED PAYMENT
If, after your project starts, invoices not paid within 21 business days, a 5% “delayed payment” fee will be charged until invoice + interest are paid in full and your project will be put on hold.
You will be charged for any bank fees due to bounced checks and will be responsible for late fees accrued over that time that the check was in the banking system. After 30 days of non-payment, the invoice will be forwarded to collections.
CANCELLATIONS
Prior to starting work on the project, the designer may cancel the contract if the designer feels the client and designer are not a good fit, or for any other reason.
Should the client have a desire to terminate the agreement before the completion of the project, the Client will notify the Designer 30 days in advance, and must send the designer a reason for the cancellation request in writing. In addition, the client agrees to give the designer 30 days from the time the designer receives the written statement from the client, to respond, resolve and correct any dispute or grievance that the client has communicated to the designer. The client agrees to communicate and cooperate during the 30 day period.
If the project is cancelled for any reason after the 30 day period noted above and there is no resolution, payment is due with the same terms. In the event of a cancellation, the client agrees to pay a flat $250 cancellation fee and pay for services already completed and for hours already worked. This holds true even if the client cancels after the project is completed and whether or not the end product is delivered to the client. The designer will retain any work completed. All content provided by client will remain in client’s ownership.
WARRANTY, OWNERSHIP, & INDEMNIFICATION
(a) Client guarantees that any elements (graphics, photos, designs, trademarks, or other artwork) provided for inclusion in the design are either owned by client, or that he/she has permission to use them. In addition, the client will hold harmless, protect, indemnify and defend the designer from any claim or suit arising from the use of such work.
(b) The designer guarantees that the work produced is original or properly licensed for commercial use. Before payment clearing, the designer retains ownership of all artwork.
(c) After full payment (including additional design options, additional changes, and delay fees) clearing for the project, full copyright is given to the client.
(d) The designer reserves the right to display and link to the completed project as part of the designer’s portfolio and to write about the project on websites, in magazine articles and books about graphic design upon receiving written consent from the client.
(e) The client is given ownership to the print design that the client has given final approval on at project completion. All other print design concepts shall remain owned by the designer. If the client would like ownership of other print design concepts, the client may gain the rights to use them from the designer for an additional fee and must enter into a separate contract for this ownership.
NONDISCLOSURE
You agree not to share any of the designer’s concepts, art, or work with outside designers or agencies unless you have purchased the artwork release from the designer. This includes, but is not limited to design concepts, sketches, proofs and design work. In addition, the designer will also keep the Client’s ideas, artwork or content confidential unless written consent has been granted by the Client to do so.
FORCE MAJEURE
Any delay in the performance by the designer is not be a breach of this Agreement if such delay arises out unforeseen events such as storm, flood, hurricane, strikes, work stoppages or slowdowns, sickness, death, epidemic or quarantine restrictions and/or unforeseen equipment failure.
LEGAL STUFF
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
ARBITRATION CLAUSE
Both parties do hereby agree to resolve, through binding arbitration, any dispute that arises among the parties from date of entering into the contract.
ENTIRE AGREEMENT
Just like a parking ticket, you can’t transfer this contract to anyone else without the designer’s permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. This contract is a legal document under exclusive jurisdiction of the courts of Tampa, Florida in the United States of America.
