1.0 Relationship of the Parties
The Client and the Designer acknowledge and agree that an independent contractor relationship will be created by this Agreement and that no partnership, joint venture or employee/employer relationship is intended or implied.
Initial payment is due within fifteen (15) calendar days of contract signing. Remaining payment and any other additional charges due to change orders, are due at billing and prior to forwarding any files to the Client. Should a payment be late, the Designer reserves the right to freeze all work of the Project until all accounts are settled.
New work requested by Client after the Specifications has been approved is considered a revision or alteration. An additional fee will be charged and it must be agreed to by both parties before further work proceeds. Author’s alterations and other copy changes requested by the Client after layouts or mechanicals are completed are billed at standard hourly rates.
4.0 Client Responsibilities
The Client is responsible in preparing materials for the Designer as specified in the Specifications. It is the Client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. The Designer is not liable for errors or omissions. Delays by the Client in the preparation of materials, signing off on proofs, revisions, alterations or delays caused by other third parties can affect the timeline as specified in the Specifications and the Designer is not responsible for delayed Deliverables.
5.0 Intellectual Property Rights
The Client is responsible for any Copyright or Trademark issues related to the creation and use of files involved with the Project. Although the Designer will not knowingly copy other rightfully trademarked or copyrighted material, the Client is responsible for arranging, prior to publication, any necessary legal clearance of materials used in the Project.
The Client and the Designer acknowledge and agree that the Specifications, all other documents, files and information related to the development of the Project constitutes valuable trade secrets. The Client and Designer shall not use any part of this information for any other purpose than those expressly set forth in this Agreement, unless agreed upon by both parties with a written consent.
7.0 Rights of Ownership
The Designer retains ownership of all original work in the Project, whether preliminary or final. The Designer also reserves the right to add the Client’s name to their client list and the right to show and explain portions of the Project as a part of the Designer’s portfolio. If transfer of ownership of all rights is desired, an additional charge will be applied.
8.0 Limited Liability
The Designer will take all reasonable precautions to ensure quality and timely delivery of the Deliverables and guard against any loss to the Client through the failure of third-parties. The Client acknowledges that Designers are not responsible for the results obtained by the Client’s use of any part of the Project. The Client agrees that it shall not hold the Designer liable for any incidental or consequential damages, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or Client, or third parties.
Designer warrant the Project will conform to the Specifications described. If the Project does not conform to the Specifications, the Designer shall be responsible for the correction of the Project to bring it into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Client, the Client waives any other warranty, express or implied. This limited warranty shall become void and expire 30 days after the delivery of the Project by the Designer. The Client acknowledges that Designers are not responsible for fixing any problems, errors or omissions on the Project, once mass produced or after Customer has proofed and approved the Project.
The term of this Agreement will continue for work in progress until terminated by either the Client or the Designer upon thirty (30) days written notice. In the event of cancellation of the Project, ownership of all copyrights and the original artwork shall be retained by the Designer. The Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee of $250 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
I have read and understood terms and conditions of this Agreement and will submit my design project details here. Further Specifications for the project will be confirmed after the Designer has approve the request. The Project will commence when the Client and Designer has both come to consensus with the Specifications and when the final Agreement is signed by both parties.