These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By purchasing 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 & DELIVERABLES:
- Competitor Research
- Customer Personas
- Brand Attributes
- Company Uniques
- Positioning Statement
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, options form, revisions form, and any other form related to the project.
- 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.
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.
PAYMENT SCHEDULE
Total due upon project start. Payment for additional services not included in the client’s package are due in advance, prior to rendering any more work, and before delivering those additional services to the client.
PRICE AS AN ESTIMATE
(a) Price reflects the typical estimate price for a project in the given terms.
(b) The total cost of the project depends on the finished design, revisions requested by the client, and any additions to the project not otherwise agreed upon at project start.
(c) Additional services not originally agreed upon may be added for an additional fee and can be estimated after the change request is made.
PROJECT SCOPE DEFINITION
The scope of the project includes the services listed under “Project Summary” of your Service’s Terms. This defines the list of deliverables and what the designer will deliver to the client.
The client understands that this service does not include any services outside of what is listed in his/her Project Summary section.
CHANGES TO PROJECT SCOPE
Change Request: If Client wants to change the Scope of Work after acceptance of this Agreement, Client shall send Designer a written Change Order describing the requested changes in
detail. Within 14 days of receiving a Change Order, Designer will respond with a statement proposing designers availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. Designer will evaluate each Change Order at its standard rate and charges.
Major Change: A major change is defined as a major modification to the design. The designer has full discretion in determining whether the client’s change request is a major change. If client requests are determined by the Designer to be a major change, designer shall be entitled to submit a new and separate Proposal to client for written approval. designer shall not begin work on the revised services until the designer receives a fully signed revised proposal and any additional fees.
Minor Change: If client requests are not Major Changes, client will be billed on a time and materials basis at designer’s hourly rate of $175 per hour or the designer may provide a flat fee for the service. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified. Designer may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.
Acceptance/Rejection: Client will have 14 days to
respond in writing accepting or rejecting the new proposal. If client rejects the proposal or doesn’t respond within the 14 day time period, designer will not be obligated to perform any services beyond those in the original Agreement.
DECISION MAKER
Client represents (1) primary decision-maker for project & must be present for all meetings.
ADDITIONAL FEES
Please view a full list of additional fees under your Service’s Full Terms.
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.
Questionnaire Delay/Reinstatement Fee ………..…………………………. $150.00
The client has (30) calendar days to complete his/her website questionnaire. A client who submits his/her questionnaire after (30) calendar days from purchase will incur a “Questionnaire Delay/Reinstatement” fee of $150 USD to restart his/her project.
Client Re-Schedule Fee …..……………………………………………………………. $75.00
In the case that the client needs to re-schedule a design meeting with the designer, the client agrees to give 24-hour notice to the designer. If the client doesn’t show for a scheduled appointment or does not give 24-hour notice, a $75 USD Late Fee will be charged to the client’s balance due.
Additional Meeting Session ……………………………………………………… $100.00
If the client would like to schedule an additional meeting outside his/her package allowance. (More than 3 meetings). Includes a 1-hour session via zoom video conferencing.
Additional Meeting Session (pro-rated) …..…………………………………… $50.00
If the client would like to schedule an additional meeting outside his/her package allowance. (More than 3 meetings). Includes a 30-min session via zoom video conferencing.
Final Files Retrieval …..……………………………………………………………….. $75.00
If, after (30) calendar days after the project has been completed and after files have already been supplied to the client, there will be a $75 USD fee to retrieve and transfer digital files to the client.
QUESTIONNAIRE
(a) Client agrees to complete the questionnaire in its entirety within (30) calendar days of purchasing design services and understands that no work will begin until its completion.
(b) Questionnaires submitted after (30) days from purchase will incur a “Questionnaire Delay/Reinstatement” fee of $150 to restart the project.
(c) Questionnaires/content not completed within 60 days (from purchase) are cancelled and no refunds are given.
QUESTIONNAIRE EMAIL
(a) The designer may send an email to the client to further clarify the client’s questionnaire.
(b) In the event that the designer sends an email to the client to clarify his/her questionnaire, the project will start after the designer receives a response to that email. The client understands no work will begin until after the client has responded to the designer’s questionnaire email and all the designer’s questions have been answered.
(c) The client must respond to the above email within (1) business day to keep his/her project on-time. If the client has not responded to the email within (1) business day, the completion date will be pushed back per each business day that the client’s email response is not received by the designer. In addition, the completion date after the client has not responded within (1) business day may also be pushed back depending on the designer’s current production schedule.
(d) All design feedback must be submitted via the email sent to the client.
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.
CONTACT
Client understands that all communication will be via email. Or during his/her scheduled zoom meeting.
Emails 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 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.
PAYMENT SCHEDULE
Before work begins, full payment is due. The project can be scheduled once the designer receives the payment. If additional features/services are added to the project, the payment is due upon receipt, and before the designer begins work on the additional features/services.
ACCEPTED PAYMENTS
The designer accepts all major credit/debit cards for payment (Visa, Mastercard, Discover, American Express). As well as Paypal payments. Checks, cash or money orders will not be accepted.
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 revisions, client delay fees 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. Any additional fees accrued (add-on services, changes in scope, late fees, etc.) are due in advance and before the designer begins work on the additional features/services.
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
(a) If, after the project has commenced, any subsequent invoices are not paid withing (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
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 web 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.
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 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.
