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.
PROJECT SUMMARY
BRAND STRATEGY & LOGO IDENTITY DESIGN
Deliverables:
— Discovery meeting with stakeholders
— Review your existing brand materials
— In-depth brand strategy questionnaire
— Competitor Research
— Target Audience & Customer Persona Discovery
— Brand Attributes Discovery
— Uniques and Position Statement (USP)
— Define/Refine your Core Values, Vision, and Mission Statement
— Brand Strategy Report (PDF)
— 1 Round of Revisions (to Brand Strategy Report PDF)
— Visual Inspiration Board Presentation
— 3 Logo Concepts
— Contextualized Logo Mockups
— 2 Rounds of Revisions (up to 10 changes / round)
— 1 Final Logo
— Final Files: Main logo, icon-only logo
— File Formats: JPG, PNG, PDF, EPS
— Full Copyright and Ownership
BRAND GUIDEBOOK
Deliverables:
— Multi-page Style Guide (PDF)
— Logo specs
— Usage guidelines
— Brand color scheme
— Color Specs
— Typography
Anything not specified above of what’s included can be done for an additional fee.
CLIENT DELAYS/REINSTATEMENT FEES
Client has (1) business day to complete each form and/or respond to any project-related email from the designer in order to complete the project in the timeline the client was quoted. If the client has not responded to an email within that time frame, the project will be delayed and the completion date pushed back per each business day that the client hasn’t responded to his/her email or completed his/her provided form and depending on the designer’s current production schedule.
The client must complete each form and/or provide a response to any email from the designer within 7 calendar days to keep their project in “active” status and to avoid a “Reinstatement” fee to restart the project.
If the client does not respond within (7) calendar days to any emails from the designer relating to giving feedback/revisions or completed his/her delivered form, the project becomes inactive and the following “Reinstatement” fees and conditions shall apply.
- Delay (4-7 Days): 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.
- Delay (8-29 Days): 5% “Reinstatement” Fee (of Total Project Fee) & 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.
- Delay (30-59 Days) 10% “Reinstatement” Fee (of Total Project Fee) & 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.
- Delay (60+ Days) The project will be automatically canceled and no refunds are given. At the designer’s discretion and depending on the designer’s current production scheduled, the client may be given the option to pay a “Reinstatement” fee of 20% of the total project fee.
PROJECT EXPIRATION
This project automatically expires and is canceled after 90 days of purchase. All work must be completed by then without exceptions. No refunds will be given once the project is expired.
PROJECT RUSH
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.
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 …………………………………………………………… Project Start
The project starts after the client completes his/her questionnaire in its entirety. After this phase has completed, the client will receive a calendar link to schedule the client’s “Discovery” meeting.
Discovery & Brand Strategy Phase ……………………………………………………………… 5 business days
The nature of the Discovery Meeting is to go over the client’s questionnaire and understand the company’s business needs and those of the business’ clients and customers. After the scheduled discovery meeting, the client will have (1) follow-up meeting where the designer will present a “Brand Strategy PDF” based on the Discovery Meeting. The client has (1) business day to provide feedback via his/her “Brand Strategy” feedback form if the client would like the project to stay on time for completion. The client has up to (7) calendar days from the time the client received his/her form to avoid delay fees. The “Strategy” form must be completed in its entirety before the client can move to the next phase of the project.
Revised Brand Strategy Phase ……………………………………………………………… 5 business days
After the “Brand Strategy” form is completed in its entirety, the designer will complete (1) round of revisions to the Brand Strategy document and present the revised document to the client via a follow-up meeting. After the revised brand strategy document is presented to the client, the client has (1) business day to complete his/her provided “Revised Brand Strategy” form if the client would like the project to stay on time for completion. The client has up to (7) calendar days from the time the client received his/her form to avoid delay fees. The revised brand strategy form must be completed in its entirety before the client can move to the next phase of the project.
Inspiration & Initial Design Phase ……………………………………………………………… 5 business days
The nature of the Initial Design meeting is to set a visual direction for the project. Samples of typography and colors will be presented. After the scheduled Initial Design meeting, the client has (1) business day to complete his/her provided form if the client would like the project to stay on time for completion. The client has up to (7) calendar days from the time the client received his/her form to avoid delay fees. The form must be completed in its entirety before the client can move to the next phase of the project. After the form is completed in its entirety, the designer will send the client a calendar link to schedule the client’s Logo Options Meeting.
Logo Options Phase ………………………………………………………… 5 business days
The designer will present the logo options to the client during his/her scheduled “Logo Options” meeting. After the scheduled meeting, the client has (1) business day to complete his/her provided “Logo Options” form if the client would like the project to stay on time for completion. The client has up to (7) calendar days from the time the client received his/her form to avoid delay fees. The logo options form must be completed in its entirety before the client can move to the next phase of the project. After the “Logo Options” form is completed in its entirety, the designer will send the client a calendar link to schedule the client’s Revision Meeting.
Revisions Phase ………………………………………………………… 5 business days / round
The designer will present the revised logo design to the client during his/her scheduled “Revisions” meeting. After the scheduled meeting, the client has (1) business day to complete his/her provided “Revisions” form if the client would like the project to stay on time for completion. The client has up to (7) calendar days from the time the client received his/her form to avoid delay fees. The revisions form must be completed in its 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 move onto the next phase. 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.
Typography & Color Phase ………………………………………………………… 5 business days
The designer will present the brand typographic systems and color scheme to the client during his/her scheduled “Type & Color” meeting. After the scheduled meeting, the client has (1) business day to complete his/her provided form if the client would like the project to stay on time for completion. The client has up to (7) calendar days from the time the client received his/her form to avoid delay fees. The form must be completed in its entirety and final approval submitted before the client can move to the next phase of the project.
Final Files Phase …………………………………………………………… 2 business days
The designer will send the final files to the client within 2 business days from the time the client completes all Phases above, gives final approval on the logo/typography/colors, and pays for any outstanding invoices relating to add-ons or additional services. The client will recieve a dropbox link invite to access his/her final files. 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 the final files, the client will be charged a nominal “file retrieval” fee.
ADDITIONAL FEES
The client understands their logo package includes 1 final logo design and the final files outlined in the “Project Summary” section of this contract. Additional logo layout variations, the logo with tagline variation, color variations, meetings, revisions, and add-ons not originally agreed upon in the deliverables of this contract can be added for an additional fee. Fees will be based on the designer’s current hourly rate and calculated using time and half (Hr rate x 1.5).
Project Rush
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 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.
PROJECT COMMUNICATION
(a) Client has (1) business day to respond to emails from the designer relating to giving feedback/revisions in order to keep his/her project on time. If the client has not responded to an email within that time frame, the project will be delayed and the completion date pushed back per each business day that the client hasn’t responded to his/her email/revision form.
(b) In addition, if the client has not responded to a project email within (1) business day, the completion date may also be pushed back depending on the designer’s current production schedule.
DECISION MAKER
Client represents (1) primary decision-maker for project & must be present for all meetings.
QUESTIONNAIRE
(a) Client agrees to complete the questionnaire and content in its entirety within (7) calendar days of purchasing design services and understands that no work will begin until its completion.
(b) Questionnaires submitted after (7) days from purchase will incur a “Delay/Reinstatement” fee of 5% of the total project fee to restart the project.
(c) Questionnaires submitted after (30) days from purchase will incur a “Questionnaire Delay/Reinstatement” fee of 10% of the total project fee to restart the project.
(d) Questionnaires/content not completed within 60 days (from purchase) is canceled and no refunds are given.
DISCOVERY AND BRAND STRATEGY
(a) The client will have (1) Discovery Meeting prior to starting the design process.
(b) The nature of the Discovery Meeting is to go over the client’s questionnaire and understand the company’s business needs and those of the business’ clients and customers.
(c) In the meeting, the client and designer will go over the company’s competitive landscape, audience, brand attributes, uniques, and positioning statement. And also define and refine the company’s core values, mission, and vision statements.
(d) The client will have (1) follow-up call, where the designer will present a Brand Strategy PDF based on the Discovery Meeting.
(e) The client will need to provide feedback on the Brand Strategy PDF via the client’s supplied form via his/her client protal.
(f) After the client provides feedback via his/her client portal, the designer will complete (1) round of revisions to the Brand Strategy PDF. The client will have (1) meeting where the designer will present the revised Brand Strategy PDF.
(g) After the Revised Brand Strategy meeting, the client will need to approve the Revised Brand Strategy via his/her client portal in order to proceed to the next step. In addition, the client may add/revise their feedback before submitting their form.
(h) All design feedback must be submitted via the Brand Strategy Form. No design feedback will be accepted via email.
INITIAL DESIGN MEETING
(a) The client will have (1) Initial Design Meeting prior to receiving logo options.
(b) The client will be presented color palettes and typography options.
(c) The nature of the Mood Board is to go over the questionnaire, client vision and agree upon the style and aesthetic direction for the logo design.
(d) No revisions will be made to the Mood Board
(e) The client must complete his/her form within (1) business day to keep his/her project on time. The client has up to (7) calendar days from the time the client received his/her form to avoid delay fees.
(f) All design feedback must be submitted via the Mood Board Form. No design feedback will be accepted via email
LOGO DESIGN CONCEPTS
(a) The client will be presented (3) Logo Design Concepts
(d) Client must select (1) logo option to start the revisions
(e) The client must complete his/her form within (1) business day to keep his/her project on time. The client has up to (7) calendar days from the time the client received his/her form to avoid delay fees.
(f) All revision requests must be submitted via the Logo Options Form. No design feedback will be accepted via email
REVISIONS
(a) Client must choose (1) logo option before requesting their first round of revisions
(b) Once the client has chosen a logo option, they may not select a previous option
(c) Client gets (1) complimentary rounds of revisions up to 10 changes per round.
(d) Client gets (1) revision form submission per each round of revisions
(e) All revision requests must be submitted via the Revision Form
(f) Every instance the client requests changes to the logo and the designer completes those changes and presents those changes to the client is considered a completed revision session.
(g) The client must complete his/her form within (1) business day to keep his/her project on time. The client has up to (7) calendar days from the time the client received his/her form to avoid delay fees.
(h) If the client has not given revision requests within that time frame, the project will be delayed and the completion date pushed back per each business day and depending on the designer’s current production schedule.
(i) A “change” is a minor modification to an existing design
(j) Revisions beyond 10 changes is considered a “redraw” or “redesign”
(k) Redraw fees are an additional fee.
(l) Once the client approves his/her logo design, no more revisions will be made to the logo 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 logo design after the project is finalized, the client can hire the designer to do so under a new contract and for an additional fee.
FINAL FILES
(a) Client will receive (1) final logo design and files outlined under the “Project Summary” section of this contract.
(b) The final logo will be sent in the following formats: JPG, PNG, EPS, PNG.
(c) Additional variations of the logo design can be done for an additional fee.
(d) A variation of the logo design is defined as a small change to the logo file. This includes a change of color in the logo file. A different logo design option is not considered a logo variation.
(e) Additional logo options can be provided for an additional fee.
(f) The client will receive a link to download his/her logo files after any remaining balance is paid to the designer.
DIGITAL FILES
Length of storage: All final files created for the client are stored by the designer up to (30) calendar days from the date that the designer supplied the files to the client.
Retrieval fee: There will be a nominal fee to retrieve and transfer any digital files after the project has been completed and after all files have already been supplied to the client.
FILE TYPE REQUIREMENTS
If the client has specific requirements for how project files must be prepared, the client agrees to send those requirements to the designer via the client’s questionnaire.
PROOFREADING 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 before it is approved. The designer is not responsible for errors found after the artwork has been approved.
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 from monitor to monitor AND printer to printer. If print color is a concern to the client, the designer advises the client to 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.
The client is advised that his/her monitor is not a reliable way to proof colors for printing. And that the only way to truly know the way a Pantone color looks is by referring to a physical printed Pantone Sample or Pantone Color Book.
If the client would like a Pantone Color embedded in his/her final eps file. Or would like a Pantone color in his/her Brand Style Guidebook, The client is responsible for either:
(a) Securing a Pantone Formula Guide Book to compare the chosen color for their brand color(s) to the corresponding color(s) in his/her Pantone Formula Guide Book. And ensure the color chosen is as he/she 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) Or the client may elect for the designer to select the brand color without the client securing the physical printed Pantone Color sample(s). And the acknowledgment that colors may vary slightly from the screen to paper.
CONTACT
Client meetings can be scheduled with the designer by appointment via zoom video conferencing. All project communication is encouraged both via the client’s client portal and/or via a scheduled meeting.
The designer is not available on call via phone. Meetings can be scheduled by appointment with the designer. The designer will provide the client a link to schedule an appointment online via email.
Emails and client portal communication will be answered within 2 business days during the workweek. The designer will respond to emails sent over the weekend and nationally observed holidays within 2 business days of the following business day. Any correspondence after 5 pm EST/EDT on business days will be considered received the following business day.
PAYMENT SCHEDULE
Before work begins, the client will pay his/her design fee. Full payment if required prior to work beginning on the project.
ACCEPTED PAYMENTS
The designer accepts all major credit/debit cards for payment (Visa, Mastercard, Discover, American Express). Checks, cash, or money orders will not be accepted.
CREDIT CARD AUTHORIZATION
The client authorizes Michelle Marin to charge the same credit card used to purchase the client’s logo package for any additional fees including additional logo concepts, 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 logo design options, additional revisions, rush fees, or anything not included in the client’s package. Payment for additional fees is 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, the client agrees to pay all fees related to the chargeback including, but not limited to collection fees and fees charged 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
(a) If, after the project has commenced, any subsequent invoices are not paid within (30) calendar days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring (30) calendar day period until the full amount is received.
(b) After (60) calendar days of non-payment, the invoice will be forwarded to collections.
(c) Client shall pay all collection or legal fees caused by delayed payments.
(d) Payments will be credited to late payments first, then to unpaid balances.
(e) Designer will withhold delivery and transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full.
(f) All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.
CANCELLATIONS
ALL SALES ARE FINAL. Should the client want to cancel the project there are no refunds. All service fees are due immediately upon cancellation regardless of what stage of the project is in or what has been completed. 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 the client will remain in the client’s ownership.
The designer may cancel the contract at any time during the project if the designer doesn’t feel that the client is a good fit. If the designer chooses to cancel the contract, the designer shall refund the client the contract fee less the number of hours the designer has already logged.
WARRANTY, OWNERSHIP, & INDEMNIFICATION
(a) Client guarantees that any elements (graphics, photos, designs, trademarks, or other artwork) provided for inclusion in the logo design are either owned by the 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 ownership 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.
(e) The client is given ownership to the logo design that the client has given final approval and all invoices have been paid. All other logo design concepts shall remain owned by the designer. If the client would like ownership of other logo design concept(s), 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.
(f) The client it is his/her responsibility to protect their logo by properly copyrighting and/or trademarking the logo.
NONDISCLOSURE
The client agrees 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 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.
TERMS & CONDITIONS SUBJECT TO CHANGE
Online terms and conditions are subject to change without notice. The terms and conditions in effect at the time of each new order or delivery shall be those on the website at the time of such order or delivery.
LEGAL STUFF
If any provision of this agreement shall be unlawful, void, or for any reason is 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 the 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.
