Graphic Design Agreement
Graphic Design Agreement
This Graphic Design Agreement (hereinafter "Agreement"), is made effective as of January 1st, 2022
Article 1 - SCOPE:
This Agreement sets forth the terms and conditions whereby Designer agrees to produce certain Works for Client. Designers will be engaged solely and exclusively for the limited purpose of providing these Works to the Client.
Neither party is, by virtue of this Agreement, authorized as an agent, employee, or legal representative of the other. Except as specifically set forth herein, neither party shall have the power to control the activities and operations of the other and its status at all times will continue to be that of an independent contractor relationship.
Article 2 - DESCRIPTION OF SERVICES & WARRANTIES:
The Client hereby engages the Designer, and the Designer accepts such engagement to provide the Works for the Client (hereinafter, the "Works")
Designer represents and warrants that Designer has the knowledge, skills, and experience necessary to produce the Works. Designer agrees that the Works will be original. Designer also guarantees that the final Works will be free from any plagiarism or likeness to a Works not belonging to or created by Designer. The Works will become the intellectual property of Client, free and clear, as a work made-for-hire.
Designer may be engaged or employed in any other business, trade, profession, or other activity which does not place Designer in a conflict of interest with the Client, provided, that, during the term, Designer shall not be engaged in any business activities that compete with the business of the Client without the Client's prior written consent.
Article 3 - FEES AND EXPENSES:
Client will be billed through our website system once order has been placed.
Designer's fees include the following number of edit rounds per Client Work: 3 free revisions. Any other revisions the Clients would like to be made is a $15 charge. If Designer does not hear from Client within the following 10 days, the Works shall be considered accepted with no further changes permitted
If the Client wishes to alter the Works beyond the initial description of the Works listed and beyond the included edits, Designer will still be owed all fees invoiced before any additional edits are made. Designer shall then invoice for additional edits, which will be determined at the time the edits are discussed.
Article 4 - TURNAROUND & COMMUNICATION
Each turnaround time frame will be different based upon the service and the time it takes for the Designer to receive the information from the client. Client has 3 business days to fill out and send over all information that is requested of the client. If the Designer doesn't get the information by the 4th business day there will be a late fee charge of $10 each day . Please understand the delay in your information is a delay in my work I have to produce for my clients. If by the 5th day of the order I will cancel your order.
During the design process there will be NO communication via phone call. Reason being when things are discussed based upon your brand its really important to have it all in writing to insure we get your designs correct to enhance your brand.
Article 5 - DELIVERABLES AND MILESTONES:
All Works are to be completed and wrapped up by the timeframe given in the original agreement
Article 6 - NON EXCLUSIVITY:
Client and Designer hereby acknowledge and agree that nothing contained herein is to establish an exclusive relationship between the Parties. Designer shall be free to continue working for and taking on new clients, without regard to Client. Designer does not need Client approval for any such work.
Article 7 - CLIENT LEGAL REQUIREMENTS:
It is the Client's sole and exclusive responsibility to ensure that all legal requirements for Client's business are met. Such legal requirements include, but are not limited to, ensuring claims on advertising and graphics are true, accurate, and may be legally stated, as well as ensuring all products are lawful. Designer shall not be responsible for any legal, technical, or regulatory specifications.
Article 8 - TERMINATION:
The Parties may NOT terminate this Agreement. This Agreement may be immediately terminated in the event that there is a breach of the terms by client, if the client information is not sent within a certain timeframe.
This agreement will also immediately terminate upon the death of the Designer or Client, the inability of the Designer to perform the services because of a sudden and medically documented physical or mental disability, the liquidation, dissolution or discontinuance of the business of the Client or Designer in any manner, or the filing of any petition by or against the Client or Designer under federal or state bankruptcy or insolvency laws.
Article 9 - CONFIDENTIAL OR PROPRIETARY INFORMATION:
Designer hereby acknowledges and agrees that Designer may receive confidential and/or proprietary information relating to Client's business. Such information may include, but will not be limited to, client lists, client notes, specifications, project information, plans, and/or technological resources. The confidential and/or proprietary information is significantly important to Client's business and it has been developed or obtained over time, with significant resources involved. Designer understands and agrees that any unintended disclosure of any of the confidential and/or proprietary information would be significantly detrimental to the Client. As such, Designer agrees that they shall:
- I) Not disclose the confidential and/or proprietary information by any means not authorized by the Client to any third parties;
- II) Not copy or duplicate the confidential and/or proprietary information unless specifically directed to do so by the Client;
III) Not disclose the confidential and/or proprietary information by any unauthorized means to any third parties for a period of at least one year following the termination of this agreement;
- IV) Not use the confidential and/or proprietary information for any purpose except those expressly authorized by the Client;
- V) Inform Client immediately if Designer becomes aware of any unauthorized use or disclosure of the confidential and/or proprietary information.
Article 10- PORTFOLIO USE:
Notwithstanding the foregoing, Designer shall be permitted to use all Works in Designer's professional portfolio, after such Works have been made public by the Client. Nothing contained herein shall limit Designer's such right.
Article 11- CREDIT:
Designer has the right to receive 100% credit for designs. All Website developments will have the Designers name and link attached to it.
Article 12 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail and the Clients submit a dispute through their merchant, there will be a reversal fee that will be charged.