Reservation of Rights: All rights not expressly granted in writing are retained by the Designer. Any use additional to that expressly granted in writing requires arrangement for payment of a separate fee, to be determined (TBD).
Revisions: Revisions may be made only by the Designer at the Preliminary Design phase. Additional fees at the rate of $75 per hour will be charged for revisions made after 2 preliminary design revisions, and for additions to project scope.
Schedule: The proposed schedule is dependent upon the timely response (within 24 hours/1 day of Designer’s request) of the Client to provide necessary information and materials needed to complete the Design. Any delay in response will alter the dates in the proposed schedule.
Payment Terms: Payment due NET 15 days from issuance of invoice. A one and one half percent (1.5%) monthly service charge will be billed against late payments. Grant of copyright is conditioned upon receipt of final payment, and upon Client’s compliance with the terms of this agreement. Invoices in default will include but are not limited to fees for collection and legal costs.
Cancellation Fees: In the event of Cancellation, Designer will be compensated for services performed through the date of cancellation in the amount of a prorated portion of the fees due. Upon cancellation all rights to the design revert to the Designer and all original art must be returned, including sketches, comps, or other preliminary materials.
Expenses: The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses, including but not limited to Stock Photography, Artwork Hosting Fees, Domain Registrations, and or material needed for the project.
Credits and Promotion: Designer reserves the right to include screen shots or photos of the completed work in designer’s portfolio. The Designer and any other creators shall receive a credit line with any editorial usage.
Preliminary Works: Designer retains all rights in and to all Preliminary Designs. All rights in and to any Preliminary Designs shall remain the exclusive property of Designer.
Permissions and Releases: By supplying text, images and other data Designer for inclusion in the customer’s Design, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner. The Client grants Designer permission to use this material freely in the pursuit of the design. The Client agrees to indemnify and hold the Designer harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Design at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
Miscellaneous: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by a writing signed by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/ or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of Utah and courts of such state shall have exclusive jurisdiction and venue. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer.
Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.
Acceptance of terms: The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.