Terms & Conditions
Between me, Marbry Walker, (Designer) and you, the Client.
The vast majority of design projects run smoothly, without any problems. However, from time to time, something does come up, and it's important that we both have an understanding of how best to deal with it. This contract is designed to ensure that we're both protected from any unexpected circumstances. It also lays out the basic groundwork for how the project will progress, and what's expected of us both. In the interests of saving a lot of headaches, this document contains the strict minimum of legal jargon required to still be legally enforceable.
So in short;
You are hiring me, Marbry Walker, located in Portland, OR, to design print and digital materials as outlined in the Estimate or Proposal I've given you. Of course it’s a little more complicated, but we’ll get to that.
The terms of any Proposal or Estimate are effective for up to 90 days. After 90 days all terms and conditions and deliverables are subject to change. If the start date for your project has passed we'll also need to amend your Estimate or Proposal before we can begin. Basically, after 90 days or your project start date, you'll need a new Estimate or Proposal to reflect the current reality. It's a little more work for both of us, but it will ensure that we're on the same page once we get started.
What do both parties agree to do?
Client: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give me everything I need to complete the project as and when and in the format I need it. You’ll review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment policies set out at the end of this contract and the payment schedule outlined on the Estimate or Proposal.
Designer: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that I'll maintain the confidentiality of everything you give me.
I'm not a copywriter. If you would like to bring in a copywriter let me know and I'll make a few recommendations for you.
Images & Photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you don't have photography, I'll be happy to research stock photography for you.
Sometimes things change throughout the scope of a project. I don’t want to limit your ability to change your mind. If you want to change your mind or add anything new, that won’t be a problem. Any additional fees will be confirmed in writing prior to doing the work.
You will have the opportunity to review everything, and respond with your feedback within a few days of reviewing the work. Your feedback will be incorporated. You'll get one major round of revisions and one minor round of revisions on your final design. Additional rounds of revision will be billed at an hourly rate of $120/hr, and you will be notified in writing of the additional costs before any additional work is performed.
It doesn't happen often, but if, at any stage, you choose to terminate the project, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.
I can’t guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
- You’ll own the visual elements that we create for this project. I’ll give you source files and finished files and you should keep them somewhere safe as I'm not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
- I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity.
- I love to show off my work and share what I’ve learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles and in books.
I'm sure you understand how important it is as a small business that you pay the invoices that I send you promptly.
Here's what to expect, depending on the type of service you're getting:
Invoices for fixed-price services are sent before work begins so that the first installment may be paid before work begins. Your payment schedule will be outlined on your Proposal or Estimate.
Invoices for hourly-rate services will be sent upon project completion or at the end of each month for on-going services.
Where’s all the small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Oregon courts.