Terms + Conditions

 
 

Copyright use issues

Type of medium/product: the design produced within the duration of the retainer agreement can be used for digital and print purposes. Whether it is for a website or a magazine, depending of the type of project worked on and the designer’s and client’s specifications.

Ownership transfer: upon the designer’s receipt of all payments due, the designer hereby assigns to the client all rights, title, and interest, including copyright in and the final deliverables. Designer retains all rights, including copyrights, in and to preliminary sketches and alternative designs not selected by the client. Designer retains the rights to display all works created by the designer for this project or during the duration of the retainer agreement, including preliminary designs and final deliverables, in designer’s portfolios, including in print and online, and to submit such work to design periodicals and competitions.

Payment issues

Additional expenses: after the retainer hours are used, regular hourly billing continues.

Kill / cancellation fees: if the agreement is canceled for reasons beyond the control of the designer, the project is considered “killed”. A cancellation fee of 30% of the total fee will be charged if canceled before completion of the retainer agreement.

Payment Schedule: progress payments will be made every Monday of every week. Invoices will be sent every Friday, and will include the hours worked during the week. Every invoice shall be paid between Saturday and Monday after receiving the invoice.

Late-payment fee: late payment is subject to a penalty of a 10% fee per every week that the balance remains unpaid.

Client alterations: Any changes requested by the client that are integral to the original assignment are usually considered part of the process and not client (or author’s) alterations. When changes go beyond the original, agreed-upon scope of a project, they are billable beyond the agreed-upon price. These changes will be billed at the hour, at the full price of the hourly rate of the designer. If the nature of the assignment changes in the middle of the project, the graphic artist may assume that the client is liable for an additional fee and increased expenses.

Taxes: the standard Florida percentage of 6% established tax amount will be charged upon each invoice.

Legal issues

Warranty of originality: the designer hereby assures being the creator of the work, and that it is original and unique, created solely by the designer for the client. The Designer assigns all rights in the work to the Client upon full payment for the billed work. The Client grants the Designer, upon Client’s written consent in each instance, the right to copy, display, modify, and distribute the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the Designer’s business. Where applicable the Client will be given any necessary credit for client ownership, or usage of the project elements.

Confidentiality issues

Confidential information: the designer acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the client, including all materials containing said information, that are supplied by the client to the designer or developed by the designer in the course of developing the website are to be considered confidential information. Information shall not be considered confidential if it is already publicly known through no act of the designer.