The following terms and conditions are non-negotiable and apply to ALL projects unconditionally:
- Fees and Payments. In consideration of the Services to be performed by Designer, Client shall pay to Designer fees in the amounts and according to the payment schedule set forth in the Proposal or initial consultation & quote email, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.For logos, final payment is due before the initial proof sheet is handed over. Payments are must be made within ten (10) days of receipt of invoice. Delays in payments may cause a stoppage of work, and in some cases a continuation fee may be required. Payments will be credited first to restart fees and next to the unpaid balance. If a wait list deposit was paid, deposit will be credited towards final payment.
- Refunds. A deposit is required to secure Client’s place in Designer’s schedule, and acts as a retainer of Designer’s time. It often happens that the Designer must turn away other design projects in favor of Clients whose projects have been accepted and added to the Designer’s schedule. For that reason, refunds are not granted under any circumstances.
- Changes. Unless otherwise provided in the Proposal or initial consultation & quote email Client shall pay additional charges for changes requested by Client which are outside the scope of the Services, at Designer’s standard hourly rate. Such charges are in addition to all other amounts payable under the Proposal or initial consultation & quote email, despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such Changes.
- Client Responsibilities. Client acknowledges that s/he is responsible for timely review of Deliverables, revisions, or other items requiring Client approval, as well as final proofreading. In the event that the Client has approved Deliverables but errors remain, Client is responsible for any additional costs involved in correcting the errors. In the event that the Client does not respond to proofs, revisions, etc. within 10 days of receipt, Designer may stop work on project so that other clients in Designer’s queue are not inconvenienced, and a restart fee may be required when Client is ready to continue.
- Link Backs & Credit. All displays or publications of web Deliverables shall bear accreditation and/or copyright notice in Designer’s name in the form of a text or graphic link incorporated by Designer in the Deliverables. Client may not remove link unless agreed upon otherwise by both parties. If link is removed, Client will be found in breach of contract. Designer retains the right to reproduce, publish and display the Deliverables in Designer’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
- Copyright and Trademarks. Client represents, warrants and covenants to Designer that (a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content, (b) to the best of Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties, (c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables.
- Indemnification/Liabilities. Client agrees to indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement.
- Timing. Designer will prioritize performance of the Services as may be necessary or as identified in the Proposal or initial consultation & quote email, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal or initial consultation & quote email. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Designer. The Designer shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Designer’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Designer’s obligations under this Agreement.
- Performance. Designer guarantees web-standard functionality of web design Deliverables in the most recent versions of Internet Explorer, Mozilla Firefox, Opera and Safari browsers. Functionality in additional browsers would require an additional fee. Designer does NOT guarantee performance of any design element or special effect that the Designer has advised the Client against.
- Maintenance. Client understands that post-completion maintenance is not included in the cost of the final Deliverables. Client may request maintenance at Designer’s current hourly rate. Maintenance payments must be completed before maintenance work will be done.
For blogs, photoblogs, splash pages, and branding material, the quote and package description provided via email (herein referred to as the “initial consultation & quote email”) takes the place of a formal proposal.
Larger custom projects: Upon the review of your project, a proposal will be drafted that will include a quote, a detailed description of the work required, and a schedule of completion that includes milestone & deliverable markers and a payment plan. Terms and Conditions for larger projects include (but are not limited to) the major points above. A complete copy of my Basic Terms and Conditions will be provided for your review along with your proposal.