1. Definitions
- Agreement – This document including terms, proposals, and attachments.
- Client Content – Materials and information provided by the client.
- Copyrights – Rights granted under copyright law.
- Deliverables – Work products and services provided under the proposal.
- Designer Tools – Software, fonts, and proprietary methods used by the designer.
- Final Deliverables – Approved versions delivered to the client.
- Final Works – Creative content developed exclusively for the project.
- Preliminary Works – Initial concepts or sketches not included in the final deliverables.
- Project – The scope of work described in the proposal.
- Services – All creative services and deliverables described in the proposal.
- Third Party Materials – Stock, fonts, or other materials from third parties.
- Trademarks – Client trade names, logos, or symbols.
- Working Files – Underlying native files created during the project.
2. Cost Estimate & Proposal Validity
The terms of the Proposal shall be effective for thirty (30) calendar days after presentation to Client. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms and conditions and Deliverables, may be subject to amendment, change, or substitution.
3. Fees, Expenses, and Payment
3.1 Fees
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, and all applicable sales, use, or value-added taxes, even if calculated or assessed subsequent to the payment schedule. If the Proposal specifies that a percentage of the total Project cost is required as a deposit, Client shall pay such deposit prior to the commencement of work.
3.2 Expenses
Client shall reimburse Designer for any reasonable out-of-pocket expenses incurred in connection with this Agreement. These may include expenses such as telephone calls, postage, shipping, courier fees, computer expenses, and, if approved in advance, travel-related costs.
3.3 Additional Costs
The Project pricing includes Designer’s fee only. Any and all outside costs including, but not limited to, equipment rental, photographer’s costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, music licenses, and online access or hosting fees, will be billed to Client unless specifically otherwise provided for in the Proposal.
3.4 Invoices/Payments
Client shall pay all invoices within seven (7) calendar days of the invoice date. A monthly service charge of 2 percent may be charged on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Designer reserves the right to withhold Deliverables if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full, including any outstanding. Additional Costs, Taxes, Expenses, Fees, Charges, or the cost of Changes.