The following terms were created to protect both the client and designer during a working relationship.
PROPOSAL AND ACCEPTANCE OF WORK
The terms of the proposal/brief shall be effective for 30 days after presentation to the client. In the event this agreement is not executed by client within the time identified, the proposal/brief, together with any related terms and conditions and deliverables, may be subject to amendment or substitution.
Estimates are valid for 30 days from date of issue. Failure to make initial payments within this timeframe can result in the achiving of the project also affecting the initial estimate.
The client agrees to provide any needed information and content required by the designer in good time to enable the Designer to complete a design or website work as part of an agreed project.
RIGHTS AND 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 and final designs
• Client to gain full license to reproduce works through commercial printers
Ownership: The client shall be entitled to full ownership for 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 service such as web development, photography, 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 finalised prior to projects commencement, unless requested by the client at a later date.
All communications between designer and client shall be by telephone: + 44 (0) 79 5179 6317 from Sunday from 9:30am - 7:30pm, Monday to Thursday 5:30pm - 10:00pm and Friday (varied) GMT. Email: email@example.com, Skype: reueljonesgd or postal mail (available on request).
The client will make a 50% downpayment prior to work commencing for projects over £60, any projects under £60 require full payment. The project can be scheduled once the downpayment (or full payment) is received by the designer. The downpayment is non-refundable. The remaining 50% is payable to the designer upon completion of the project and before original artwork is supplied to the client. Other payment agreements can be considers for flexibility upon discussion with designer.
A ‘rush’ fee of 15% - 25% is applicable, at the designers discretion, to client requests that require a turnout time under 3 working days. ‘Rush’ projects require full payment in order to be considered and started.
If, after the project has commenced, subsequent invoices are not paid within 25 days, a 10% “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 25 day period until the full amount has been received by the designer.
If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 180 days, the project can be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost.
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.
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.
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.
The above terms and conditions should be accepted by the client in order for any projects to commence.
Acceptance of these terms should be stated in an email reply saying.
“I [enter full name], fully understand and accept the terms provided by Reuel Jones Graphic Design.”
(Copy and paste the above statement in the email agreement body)