1. Project Payment
*
Payment is due as outlined in the payment schedule that we discuss. Any other payment terms not listed in this agreement will not be honored. Payment is due as follows: a 50% deposit is due before work on the project will begin. If you decide to cancel the project within 48 hours, the deposit will be refunded to you. If after 48 hours you decide to cancel the project, you forfeit the payment and it will not be refunded.
The remainder of the payment (unless stated otherwise) is due before final assets are handed over. Once you have signed off on approval of the project, you will be sent an invoice for the remaining balance. Unless otherwise agreed on, you have 48 hours to pay your balance, or your project will be archived and subject to the retrieval fee.
Once this balance is paid, the final files will be uploaded to our shared project workspace. This workspace will remain active for 30 days, after which it will be archived.
2. Time for Payment
*
Unless agreed upon in advance or stated differently above, all invoices and payment requests are due on receipt. Payments must be made by midnight on the due date, and late payments are subject to a $10 per week late fee. After 30 days, your project will be archived or deleted, and if you wish to restart or finish your project, a $150 retrieval fee will be due in addition to the outstanding amount you owe.
3. Default in Payment
*
After 30 days of non-payment, I may attempt to recover my payment through small claims court. In that case, you are responsible for all associated fees and expenses.
4. Cancelation
*
In the event of the cancellation of this assignment, I (the designer) retain ownership of all copyrights and the original artwork. A cancellation fee of $85 will apply if the project is canceled after the window listed in section one, and after work has started on the project has commenced. In the case of a cancellation, all designs whether complete or in-progress belong to me, and no permission to use them is given to the client.
5. Ownership
*
Unless agreed on in advance, copyrights and ownership belong to the designer - but unlimited usage rights are granted to the client for marketing, branding, and sharing purposes. Because I am a freelancer (and not your employee), our projects are NOT considered “work for hire”, and as such copyrights automatically belong to the creator - me.
No modifications may be made to the design without my permission. Copyrights are available to be purchased for a small fee.
I also do NOT give my original native files away - not even for a fee. You will be given several versions of the file that will allow you to make small changes if you need and are allowed to, but the native working files are not given away. If another designer picks up the project in the future, they will have to build their own working files.
6. Archiving
*
Projects are kept on file for 30 days. After 30 days the project is archived. You are given all files at the time of project completion, and they are your responsibility to keep and download. If you misplace your files before the 30 days, you can request them and have the retrieval fee waived. Other requests after 30 days will be subject to the $35 fee.
7. Project Completion & Deadlines
*
You will be required to sign a completion form at the end of the project. Once you have inspected the project and files, and have verified that things are to your liking - no more changes will be allowed without an additional hourly fee of $85. It is your responsibility to ensure that the project is free of typos and errors before signing off on the project as final.
Exceptions to this are up to the my discretion as the designer. Any requests for changes after the signoff will be considered a new project and will be billed accordingly.
Projects that go over the originally agreed upon deadline that are the result of the client and NOT the designer, and are NOT caused by an unforeseen emergency (illness, accident, etc.), an overage fee of 50% of the original project cost will apply and need to be paid in full before final files are delivered.
8. Refund Policy
*
Refunds are only offered as outlined in paragraph 1 - in the case of cancellation of a project within 48 hours via the same payment method used to pay. At that time your deposit will be refunded. No refunds will be given after this period.
9. "One-Client" Communication Policy
*
The client is considered the person who initiates the project, makes the payment, and signs the contract. That is the only person I will communicate with and will accept direction from. If you work as part of a team or have a partner, please consolidate any feedback between the two of you before presenting it to me. I will not respond to emails or requests from anyone not listed on the contract.
10. Revisions
*
Three rounds of revisions are included in the project price. A complete round counts as any new exported asset (ex. a PDF) after feedback has been given and changes have been made. Once a design draft is presented, the client has 24 hours to provide feedback. Once all of their comments, ideas, and questions are consolidated and I provide a new version, that's the end of that round of revision.
After three rounds, a fee of $15 will apply for each minor revision and $25 for each Major revision. Small text edits or photo swaps are considered minor revisions.
Moving photos or text around the page means making changes to the layout, so these are considered major revisions. To avoid costly revisions, it is in your best interest to gather and consolidate as much feedback as possible, and prioritize what’s important before making requests.
11. Communication Policy
*
As outlined in my email signature, please remember that I work full-time 8am-5pm (MT). This means that I am not often able to work on your project or respond to questions during those hours. Occasionally I may post a message or update, but this is not to be expected.
Messages sent after 8:00pm Mon-Thurs MT will be answered the next day. Messages sent after 8:00pm MT on Fridays will be answered on Monday.
Weekends are considered off-hours, and email and text communication will be usually be answered the next business day.
Please also be sure that you are using our PM software to communicate. Email gets too messy and hard to track down, and something important may be missed. If you are using personal email for project communication, I will not be responsible for any missed information.
Personal texts about projects will not be answered unless it is an emergency.
Conflict Resolution
*
I make every effort to give you (the client) a product that you are happy with - this at times includes but is not limited to extra revisions at no cost to you, working past business hours, purchasing extra assets, etc. These are also entirely at my discretion and are not automatically guaranteed. If you are still not happy, then I will do my best to come to a happy solution that honors my time and respects your requests. I ask that you give me a chance to fix the issue.
If you do not attempt conflict resolution with me and instead attempt to make fraudulent claims to your bank or payment processor, I reserve the right to take action to protect myself. This can include legal action, and you will be responsible for any fees incurred.
Clients that have filed fraudulent chargebacks will not be given files, and will not be allowed to work with me in the future.
Delays due to Changes
*
The Client must assume that any and all additions, alterations, changes in content, layout, or process changes requested by the client may alter the original timeline. The Client agrees that the designer will not be held responsible for any delays that are caused by this, that the client assumes full responsibility, and that any and all overage fees will apply, and that these fees are due before final file transfer.
Limitation of Liability
*
The client agrees that it shall not hold the Designer liable for any failure to generate revenue from the project. The client also agrees that the designer will not be held liable for delays or failures caused by other vendors working on the project. The client agrees to take full responsibility for the behavior of other vendors they have hired, and how it will impact the project.
The client agrees that they have permission to share or edit all materials provided by them. By agreeing to this, they agree that they are not infringing on the creative property of another artist or designer.
The client agrees that if they are found to be violating the creative property of another artist in any way, they will be responsible for any damages, and that the designer bears no responsibility.
Name
First Name
Last Name
Type Agreement Statement
*
Please type the following below: "I have read this agreement in full and the conditions listed within it."
