Terms & Conditions
The following terms have been tailored throughout 10+ years of self-employment to protect both the client and designer during a working relationship.
RIGHTS & OWNERSHIP
Rights: All services provided by the designer shall be for the exclusive use of the client other than for the designer’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:
— Client to gain full transferable rights to brand identity.
— Client to gain full license to reproduce works through commercial printers.
Ownership: The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.
Third party contracts: The designer may contract with other creative professionals to provide services such as web development, photography, video and illustration. Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalized prior to project commencement, unless requested by the client at a later date.
The designer can be reached through email at firstname.lastname@example.org or by telephone from Monday thru Friday between 9am–5pm PST and Saturday between 10am–2pm PST. Google Hangouts and FaceTime chats are also available. I will be closed on all major holidays and the entire week of Christmas and New Years.
The client will make a non-refundable 50% down payment prior to work commencing. The project can be scheduled once the designer receives the down payment. The remaining 50% is payable to the designer upon completion of the project, and before original artwork is supplied to the client. All payments will be made in US funds and online.
If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 30-day period until the designer has received the full amount.
Revisions: Each step in the process has a specific revision allottment. See Process for more info. A “revision” consists of as many changes as you would like to see, as long as they’re given all at the same time. Each round of revisions after the specified number are $50 each.
Once the completed design is sent to the client, each allotted revision is due back to the designer within 7 days. Designer will provide all changes for each revision period to the client within 3 business days.
Samples: The client shall provide the designer with samples of print design that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. The designer may use such copies and samples for publication, exhibition, or other promotional purposes. The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.
Client Approvals: The client will approve and proofread all final designs, type, press proofs and test sites. The designer will make all efforts to ensure that no information is misrepresented. However, the client assumes all responsibility for content. The client’s approval of all tangible materials and artwork will be assumed after the work has been submitted to the client for review, unless the client indicates otherwise in writing.
Confidentiality: The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
Third Party or Client Page Modification: The client may desire to independently edit or update their material after completion of the project. Note however, the designer is not responsible for any damage created by the client.
Copyrights and Trademarks: The client represents to the designer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the designer for inclusion in design are owned by the client, or that the client has permission from the rightful owner to use each of the elements.
Indemnity: The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.
Credit: The following credit will be mentioned on all publicity/promotion of this project and/or our relationship, including, but not limited to, awards, competitions, press releases, etc.: Design by: Simone Design + Develop.
The above terms and conditions will be supplied alongside the first invoice in a PDF document. Transfer of the down payment indicates client acceptance.