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
WEBSITE DESIGN & DEVELOPMENT
I build cutting-edge websites that are fast, SEO Friendly, and easily editable. I combine innovative design with clean code to create websites that are attractive and well-built.
Discovery & Strategy Phase
Great design is driven by strategy. Before we dive into the build of your website, I’ll research and analyze your competitors and target market. Then guide you through a discovery process that answers; who you are, what you do, how you do it, and who you do it for. We’ll use this data as a compass for the design.
Website Design Phase
Once we’ve formulated your website strategy, we’ll meet to review design ideas and inspiration that will serve as the foundation for your design. I’ll present you with three website design concepts based on your feedback and work with you to finalize the website through a two round revision process.
Deliverables:
- eCommerce website built on the Shopify Platform
- 6 Web Pages
- 6 Product Pages
- Art Direction
- Unique & High Quality Stock Image Selection
- 30 min Shopify Tutorial
- Responsive & Mobile-Friendly Design
- SEO Friendly
- 2 Rounds of Revisions
- Customizable Contact Form
- Fast Page Loading
Timeline: 4—5 weeks
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, brand strategy feedback form, colors & typography form, logo design form, revision form(s), and final files form.
- To Keep Project on Time for Completion: 2 Business Days
- Client Deadline to Avoid Delay Fees: 30 Calendar Days
If the client does not respond within (2) 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.
CLIENT DELAYS
If the client delays completing their form within 2 business days, the following shall apply.
- Delay (8-29 Days) Project Pushed Back
- Delay (30-89 Days) $75 Delay Fee
- Delay (90+ Days) $150 Delay Fee
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.
PROJECT COMMUNICATION
- (a) Client has (2) business days 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 (2) business days, the completion date may also be pushed back depending on the designer’s current production schedule.
WEB DESIGN 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 website questionnaire. After the client completes his/her questionnaire in its entirety, the designer will send a “questionnaire” email to clarify the client’s desired web pages, web content, website structure, and web features. After this phase has completed, the client will receive a calendar link to schedule the client’s “Discovery” meeting.
Discovery & Strategy Phase …………………………………………………… Project Start
The project starts on the day of the scheduled Discovery meeting. 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 receive a link to review the website strategy. The client has (2) business days to provide feedback via his/her “Website Strategy” feedback form if the client would like the project to stay on time for completion. If the client needs more time to complete, the client has up to (30) calendar days from the time the client received his/her form to avoid delay fees. The website strategy form must be completed in entirety before the client can move to the next phase of the project. After the “Website Strategy” form is completed in its entirety, the designer will send the client a calendar link to schedule the client’s Web Layout Meeting.
Web Layout Phase ……………………………………………………………… 5 business days
The project starts on the day of the scheduled web layout meeting. After the scheduled web layout meeting, the client has (1) business day to complete his/her provided “Web Layout” form if the client would like the project to stay on time for completion. If the client needs more time to complete, the client has up to (30) calendar days from the time the client received his/her form to avoid delay fees. The web layout form must be completed in entirety before the client can move to the next phase of the project. After the “Web Layout” form is completed in its entirety, the designer will send the client a calendar link to schedule the client’s Website Design Review Meeting.
Web Design Phase ………………………………………………………… 5 business days
The designer will present the website design to the client during his/her scheduled “Website Design Review” meeting. After the scheduled meeting, the client has (1) business day to complete his/her provided “Web Review” 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 web layout form must be completed in entirety before the client can move to the next phase of the project. After the “Web Review” form is completed in its entirety, the designer will send the client a calendar link to schedule the client’s Website Revision Meeting.
Revisions Phase ………………………………………………………… 5 business days
The designer will present the revised website design to the client during his/her scheduled “Website 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. 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 web layout form must be completed in entirety before the client can move to the next phase of the project. After the “Web Revisions” form is completed in its entirety and there are no more changes requested by the client, the designer will send the client a “Web Launch” 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 to the website.
Launch Phase …………………………………………………………… 5 business days
After the client is supplied their “Web Launch” form, the client has (1) business day to completed the 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. After the “Web Revisions” form is completed in its entirety the designer will transfer the website to the client.
PRICE AS AN ESTIMATE
(a) Price reflects the typical estimate price for a web design project in the given terms.
(b) The total cost of the project depends on the finished design, amount of pages designed, features, custom functionalities and complexity of the website.
(c) Additional features, web pages and functionality 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.” This defines the list of deliverables and what the designer will deliver to the client.
The client understands that this service does not include: web-font licensing, copy-writing, SEO, PPC, image tagging, art direction, photography, stock photography licensing, stock video licensing, photo-editing, video-editing, photo-retouching, re-sizing/optimizing images for web-use, website performance optimization, data-entry, stripe/paypal setup, website hosting, website domain purchase, email setup/support and website migration.
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 website. This may include a major change to the design, layout, structure, platform, features, and/or functionality of the website. 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 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.
WEBSITE DESIGN ADDITIONAL FEES
Website Round of Revisions ………….…….……………………….…….. $400/round
The client can purchase Round of Revision Sessions at $400 USD / ea. The client is given up to (5) design or content revisions (within design concept). This does not include functionality or structural changes to the website.
Additional Design/Content Revision(s) ………….…….…………….. $50/revision
Once the allotted number of design and content revisions have been used up, the client may purchase additional design and content revisions at $50 USD per revision.
Additional Web Page(s) ………….…….………………………………… $150/web page
Additional web pages cost $150 USD / per web page design.
Additional Web Forms (s) ………….…….……………………………….. Ask for Quote
For additional web forms not included in the client’s package, the client may ask for a quote.
Additional Web Design Concept(s) ………….………………………………… $750.00
If the client would like additional web design concept(s) exceeding what is included in his/her package, the client will be charged $750 USD per new design concept session.
Re-Design / Re-Draw ………….…….………………………………………………… $750.00
If, after the client is presented web design options and the client requests changes to an existing design which fall outside the parameters of minor modifications, a “re-design” fee of $750 USD will be charged.
Additional Website Feature(s) ………….…….……………………….. Ask for Quote
Additional features not included in the scope outlined in your contract.
Functional/Structural Change(s) ………….…….…………………… Ask for Quote
If client would like to change the functionality or structure of the theme template they may request a custom quote.
Additional Browser Support ………….…….…………………………… Ask for Quote
Support for outdated, or any browsers not included for support in your contract.
Additional Device Support ………….…….………………………………. Ask for Quote
Support for outdated, or any devices not included for support in your contract.
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.
Project Delay/Reinstatement Fee …..…………………………………..… $150.00
The client has (30) calendar days from the time he/she receives website layout/design/revisions form to complete his/her website layout/design/revisions form. A client who submits his/her website layout/design/revisions form after (30) calendar days from receipt will incur a “Project 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. Includes a 30-min session via zoom video conferencing.
Additional Meeting Session (pro-rated) …..…………………………………… $65.00
If the client would like to schedule an additional meeting outside his/her package allowance. Includes a 15-min session via zoom video conferencing.
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. This may include questions about the client’s desired website structure, web pages, web features, etc.
(b) In the event that the designer sends an email to the client to clarify his/her questionnaire, the website design 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.
DISCOVERY & 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) The client will be able to provide feedback on Website Strategy Roadmap and the designer.
(d) The designer will input the client’s feedback into his/her revision form on the client’s behalf if the client has feedback ready. The client will need to review/approve the notes 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.
(e) All design feedback must be submitted via the Website Strategy Form. No design feedback will be accepted via email.
WEBSITE LAYOUT MEETING
(a) The client will have (1) Website Layout Meeting prior to implementing the design into the working website.
(b) The client will be presented (3) layout options during his/her scheduled meeting.
(c) The client must complete his/her form in order to move onto the next phase of the project.
(d) All design feedback and layout selection must be submitted through the client’s form.
(e) No design feedback will be accepted via email.
(f) The client has (30) calendar days from the time he/she receives his/her website layout form to complete his/her website layout form. A client who submits his/he website layout form after (30) calendar days from receipt will incur a “Project Delay/Reinstatement” fee of $150 USD to restart his/her project.
WEBSITE DESIGN REVIEW
(a) The client will be presented (1) Website Design.
(b) The working website design is the implementation of the client’s chosen WordPress Template with the client’s copy and photography.
(c) The WordPress Template will be modified to fit the client’s brand colors and brand typography.
(d) The client must complete his/her form in order to move onto the next phase of the project.
(e) All design feedback and revisions must be submitted through the client’s form.
(f) No design feedback will be accepted via email.
(e) The client has (30) calendar days from the time he/she receives his/her website design form to complete his/her website design form. A client who submits his/he website design form after (30) calendar days from receipt will incur a “Project Delay/Reinstatement” fee of $150 USD to restart his/her project.
WORKING WEBSITE REVISIONS
Revision Session:
Once we have a working website, the client is given (1) complimentary round of revisions. The client is given up to (5) design or content revisions (within design concept) per revision session. This does not include functionality or structural changes to the website.
Changes included:
– Design changes included: Changes to the font, color, button, text.
– Content changes included: Changes to text, imagery, media.
Changes not included:
– Custom coding is not included. The client can make minor changes like font and link color and the layout will be the same as the client’s selected theme.
– Web page layouts that are not already supported by the client’s selected theme can’t be changed. (see the themes’ demo pages)
– The order of the home page sections can’t be changed.
– Changes to how the theme functions inside of a browser or mobile device can’t be changed.
Note: If the client would like to make changes that are not included, the designer will give you a custom quote for these additional changes.
Below are the terms of the Website Revisions:
(a) Client must complete his/her Website Design form in order to move onto the Revisions phase of the project.
(b) Client gets (2) revision sessions included in his/her package.
(c) Client gets (5) design/content changes per each round of revision session.
(d) Every instance the client requests changes to the website and the designer completes those changes and presents those changes to the client is considered a completed revision session.
(e) Design Revisions include: Changes to the font, color, button, text.
(f) Content Revisions include: changes to text, imagery, media.
(g) Revisions not included: Custom coding is not included. The client can make minor changes like font and link color and the layout will be the same as the client’s selected theme. Web page layouts that are not already supported by the client’s selected theme can’t be changed. (see the themes’ demo pages). The order of the home page sections can’t be changed. Changes to how the theme functions inside of a browser or mobile device can’t be changed.
(h) Revisions must fall under a content or design revision, as defined above.
(i) Revisions that fall outside of a design revision or a content revision can be done for an additional fee, and an estimate will be generated for the client.
(j) A “change” is a minor modification to an existing design.
(k) Changes to an existing design which fall outside the parameters of minor modifications are considered a “re-design”.
(l) Designer has full discretion in distinguishing between a “change” and a “redesign”.
(m) If the designer defines the change(s) as a re-design, the client will be charged for an additional web design concept fee of $750 USD.
(n) All design feedback and revisions must be submitted through the client’s form. No revision requests will be accepted via email. Any new revisions the client would like to make after submitting his/her form can be applied to a new revision session.
(o) Upon receipt of the website, client has (1) business day (per each round of revisions) 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.
(p) The client has (30) calendar days from the time he/she receives his/her website design/revisions form to complete his/her website revisions form. A client who submits his/her revision form after (30) calendar days from receipt will incur a “Project Delay/Reinstatement” fee of $150 USD to restart his/her project.
(q) Once the client approves his/her design, no more revisions will be made to the website. 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.
(r) Website launch/hosting info will be given to the client upon final payment clearing and final client approval.
ADDITIONAL ROUNDS OF REVISIONS
The client can purchase additional Revision Sessions at $400 USD / revision session. The client is given up to (5) design or content revisions (within design concept). This does not include functionality or structural changes to the website.
ADDITIONAL DESIGN/CONTENT REVISION(S)
Once the allotted number of design and content revisions have been used up, the client may purchase additional design and content revisions at $50 USD per revision.
WEBSITE REQUIREMENTS
If the client has specific requirements for specific devices/browsers the website must be supported on, the client agrees to send those requirements to the designer via the client’s questionnaire or prior to project start.
PROOF READING WEBSITE COPY
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 website before it is approved. The designer is not responsible for errors found after the website has been approved.
COLOR
The designer cannot guarantee that colors in the website will appear consistently or accurately on the web as it’s impossible to control the way any given monitor screen is calibrated. It’s advised that the client calibrates his/her monitor before design meetings and/or reviewing designs to ensure he/she is viewing the most accurate colors.
DESKTOP BROWSER TESTING
The designer will test the website in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome) and Microsoft (Internet Explorer). The designer will also test to ensure Microsoft IE Edge for Windows users get an appropriate experience. The designer will not test for older versions of Internet Explorer or other older browsers unless the client specifies otherwise. If the client needs an enhanced design for an older browser, the designer can provide a separate estimate for that.
RESPONSIVE DESIGN & MOBILE DEVICE TESTING
The designer will create the website using responsive web design. This does not mean that the website will have a separate custom design/website for mobile. Responsive means the website is using a responsive grid that recognizes when the screen size goes to mobile and adjusts the layout to contain the contents within that size.
If the client would like a completely custom web design experience on mobile devices, that will be quoted as separate project all together as it will require a new design and build of a mobile version of your website.
The designer will test the working website on the following mobile devices:
Mobile Devices:
iPhone 7, iPhone 8 Plus, iPhone XR, iPhone 11, Samsung Galaxy s9, iPad
Mobile Browsers:
For iOS Devices: Safari
For Android 4.x Devices: Google Chrome
The designer doesn’t test Blackberry, Opera Mini/Mobile, Windows Phone, Amazon Kindle or other mobile browsers. The designer cannot guarantee that the client’s website will look the same on every mobile device. If the client would like to guarantee that his/her website looks good and consistent on a browser or a mobile device not listed in the designer’s list of devices/browsers the designer will test on, that can be done for an additional fee.
TECHNICAL SUPPORT
For an additional fee, the designer can can set up the client’s email, domain, plus any statistics software such as Google Analytics. The designer can provide a separate estimate for this support. Afterwards, the management of that server will be up to the client.
LIMITATION OF LIABILITIES; DISCLAIMER OF WARRANTIES
Although the designer strives for the client’s website’s optimal performance and security, the designer does not build the WordPress software or plugins used on the website, nor are supplying the hosting platform it runs on.
For this reason, the designer does not represent, guarantee or warrant that the functions contained in these webpages or internet website will be will be uninterrupted, error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and the designer disclaims any liability relating thereto.
To the extent not prohibited by law, in no event will the designer be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if the designer has been advised of the possibility of such damages.
THIRD PARTY OR CLIENT MODIFICATIONS
The designer is responsible for the code that is produced until it reaches the Client. If the Client makes any changes to the code, or the Client incorporates other code that was not originally part of the project, such as new updated plugins or themes, third-party account integrations, libraries or extensions, the designer will not be responsible for any adverse affect on the project. In the event that an adverse affect happens after the Client makes changes to the website, the Client may elect to hire the designer to fix the issue for an additional fee.
CLIENT REVIEW & TESTING
The client agrees to fully test the website prior to giving final approval on the website. This includes testing web forms as well as mobile device testing. Any errors on the website must be provided to the designer prior to approval on the website.
WEBSITE LAUNCH
In order to complete the website process, the client must approve the final website and submit final payment (including any additional revisions / overtime hours).
CONTACT
The designer can be reached by appointment via telephone or Zoom. Client meetings can be scheduled by appointment.
Emails 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.
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 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.
NON-PAYMENT
(a) (30) calendar days of non-payment, this contract will automatically be cancelled. The full balance of the project is then due immediately. No refunds will be given.
(b) After (60) calendar days of non-payment all remaining balances will be forwarded to collections.
(c) 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.
(d) Client shall pay all collection or legal fees caused by delayed payments.
(e) Payments will be credited to late payments first, then to unpaid balances.
(f) 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.
(g) 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 $550 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 the client will remain in the 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 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 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 trademarked by the designer. It is the client’s responsibility to protect his/her logo after the client receives ownership. And the client is responsible for trademarking their logo if they choose to do so.
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 of 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.
