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”, Michelle Marin Design Studio LLC (DBA Michelle Marin) and the client purchasing the services.
ADDITIONAL FEES
Additional Design Revisions ………….………………………………………. $35 per
If the client would like to make additional changes after the complimentary rounds of revisions have completed, each change is $35.
Additional Phone Meetings ………….………………………………………. $50 per
If the client would like an additional phone meeting beyond their included 3 phone sessions, it is $50 (up to 30 mins).
Additional Option Variation ………….………………………………………. $50.00
If the client would like an additional Option Variation: Same logo, expect either with/without tagline, text-only, or icon-only file, there will be a charge of $50.
Additional Logo Color File(s) ………….…….…………………………………… $50.00
Additional color variations of the logo cost $50 USD / per logo version.
Additional Logo Option(s) ………….…….……………………………………… $125.00
This package includes (1) final logo option. If the client would like to add an additional logo option to his/her final files, the fee is $125 USD / per logo option.
Additional Design Option(s) ………….…….………………………………… $250.00
If the client would like additional logo design options(s) exceeding what is included in his/her package, the client will be charged $250 USD per (3) new design options.
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 USD will be charged.
Project Rush Fee………..……………………………………….……………………… $500.00
If the client would like to have the project completed before the typical timeframe, the client will be charged a rush fee of $500 USD.
Client Reschedule Fee …..……………………………………………………………. $75.00
In the case that the client needs to reschedule a design meeting with the designer, the client agrees to give 48-hour notice to the designer. If the client doesn’t show for a scheduled appointment or does not give 48-hour notice, a $50 USD Late Fee will be charged to the client’s balance due.
Final Files Retrieval …..……………………………………………………………….. $50.00
If, after (90) calendar days after the project has been completed and after files have already been supplied to the client, there will be a $50 USD fee to retrieve and transfer digital files to the client.
CLIENT SCHEDULE
Below are the allotted times the client has to complete each form from the time they receive it.
- Logo Questionnaire: 7 Days
- Mood Board From: 7 Days
- Logo Option Form: 7 Days
- Revisions Form: 7 Days
CLIENT DELAYS
If the client delays completing their form within 7 days, the following shall apply.
- Delay (8-29 Days) $75 Delay Fee or Project Pushed 2 Weeks
- Delay (30-89 Days) $100 Delay Fee or Project Pushed 1 Month
- Delay (90+ Days) $150 Delay Fee
COMPLETION TIME
(a) The logo design starts when the client completes their questionnaire in its entirety and the client has completed his/her Initial Design Meeting.
(b) After the questionnaire and Initial Design Meeting has completed, the client will receive their logo design options during his/her next scheduled meeting, within 5—7 business days. (Not including US holidays or weekends.)
PROJECT COMMUNICATION
(a) Client has (3) 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 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 (3) 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.
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 on the the style and aesthetic direction for the logo design.
(d) No revisions will be made to the Mood Board
(e) All design feedback must be submitted via the Mood Board Form
(f) 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) All revision requests must be submitted via the Logo Options Form
(f) 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 (2) 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) Upon receipt of the logo, client has (3) business days (per each round) to provide designer with revision requests to keep the project on time. If the client has not given revision requests within that time-frame, the project will be delayed and completion date pushed back per each business day that the revision form is not completed. In addition, the completion date may also be pushed back depending on the designer’s current product schedule.
(h) The client has (30) calendar days from the time he/she receives logo options/revisions to complete his/her logo revisions form. A client who submits his/her revision form after (30) calendar days from receipt will incur a “Revisions Delay/Reinstatement” fee of $75 USD to restart his/her project.
(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 $250.
(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
(b) The (1) final logo will be sent in the following formats: JPG, PNG, EPS, PNG.
(c) Additional color variations of the logo design cost $50 / logo color variation.
(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) This logo package includes (1) final logo option. Additional logo options are $125 / ea.
(f) The client will receive a link to download his/her logo files after the remaining balance is paid to the designer. The download link will be valid up to (90) calendar days from the time the link is sent to the client.
DIGITAL FILES
Length of storage: All final files created for the client are stored by the designer up to (90) 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 or prior to project start.
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 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 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.
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 acknowledgement that colors may vary slightly from the screen to paper.
CONTACT
The designer can be reached by appointment via telephone or Zoom. Client meetings can be scheduled by appointment.
Emails and phone calls will be answered within 3 business days during the work week. The designer will respond to emails sent over the weekend and nationally observed holidays 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, the client will pay his/her logo 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). As well as Paypal. 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 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 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
(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.
CANCELLATIONS
The designer may cancel the contract at any time for any reason.
If the project is cancelled for any reason, payment is due with the same terms. 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 logo 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 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 on at project completion. 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 understands and agrees that the logo is not copyrighted or trademarked by the Michelle Marin. It is the client’s responsibility to protect their logo by properly copyrighting and/or trademarking their 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 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.
