Terms & Conditions for Design This Service
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 this service works 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 create a Poster, Flyer or Report from a template (yours or mine).
THIS IS A TEMPLATE: and you are not the only one who will end up with a design that looks similar to this (unless you are using your own unique template). The colors & words will be different for every piece, but I can't promise you a unique piece. If that's what you're looking for, this service is not for you. Luckily it's not too late to turn back!
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.
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 endeavor to meet every deadline that’s set and on top of that I'll maintain the confidentiality of everything you give me.
PROOF YOUR STUFF: I recommend carefully writing everything up in a word processor, running spell check and asking someone else to proof your copy BEFORE you purchase this service.
Images & Photographs
Photography, images & logos are not necessary, but if you want to include them: you should supply graphic files in an editable, vector digital format (EPS, AI, PDF). You should supply photographs in a high resolution digital format (TIFF, JPG).
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.
CHANGES: will be billed at $120/hr. So aim for perfection before you buy.
You will have the opportunity to review everything, and respond with your feedback within five business days of reviewing the work. Your feedback will be incorporated. You'll get one 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.
CANCELLATIONS: if you cancel your project within one hour, you will be given a full refund. You may cancel by emailing me at email@example.com, with CANCEL in the subject line.
REFUNDS: because this service has a quick turnaround, and because I've so clearly shown you what to expect, there will be no refunds after work has begun or is completed. HOWEVER: if you purchase this service, and I contact you with questions and together we realize that this service is not a fit for your project, you will be fully and promptly refunded. Examples of this would be if you submit your own template and I reject your template and you don't want to continue, or if the complexity of the template increases the price and you decide you don't want to continue. In both cases, you get a full refund.
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.
Copyright will be automatically assigned as follows:
- You’ll own the visual elements that we create for this project. I’ll give you finished files (print-ready PDFs) 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.
Payment is due in full, up front.
If your project incurs additional fees beyond what you have paid up front, you will be invoiced and full payment is due before your project can be released.
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.
Email me before you buy, please: firstname.lastname@example.org