TERMS & CONDITIONS 2019

Transcription

1 TERMS & CONDITIONS 2019 RECEPTION OF THESE FILES AND SUBSEQUENT HIRING EQUALS FULL AGREEMENT TO OUR TERMS AND CONDITIONS. OUR BUSINESS SERVICES ARE A COLLABORATION BETWEEN YOURSELF/YOUR COMPANY AND OUR COMPANY. WE TAKE OUR CLIENT'S SATISFACTION AT HEART, SO HERE IS A LIST OF OUR RESPONSIBILITIES TO YOU, AND WHAT WE EXPECT FROM OUR CLIENTS IN RETURN, AND A SAMPLE OF THE CONTRACT YOU WILL RECEIVE WHEN YOU HIRE US FOR YOUR PROJECT. We offer to our customers: 1. A professional demeanor. 2. A quick return: all projects, unless duly noted by client, are to be completed and paid within 30 days. This is our livelihood: as a business, we are motivated to complete your project quickly in order to serve as many clients as possible (just like a waitress, it is in our interest to serve more clients monthly), and in order to be paid promptly. 3. A client satisfaction-based business: we believe your satisfaction is what will make our business successful, and we will work with you until you're satisfied, under the conditions below. 4. Unique content free of plagiarism 5. Unique illustration concepts 6. A choice between 3-6 concepts, up to 3 reviews for illustrations, up to 3 choices of fonts. 7. Full rights on logo designs only days satisfaction guarantee on website design: if you were not completely satisfied with the design of your website after 30 days, you would get ALL your money back! Of course, we doubt that would happen! We expect from our customers: 1. To contact us to start a project only when they are ready to take a project from conception to completion. 2. Customers, unless otherwise noted, must be available to discuss the project, and able to respond to questions daily. This assures a timely delivery of your product and a timely payment on our end. 3. Swift payment of 50% of the project quote prior to project start. 4. Swift final payment within 14 days of billing. Invoice will be send a maximum of 30 days after project starting date, unless explicitly discussed. Deliverables and files may be retained until all payments are made.

2 5. Customers must remember and respect our copyrights. For logos, this means that once the client is presented with logo drawings, such drawings are protected by copyrights and are not to be copied/edited or used for basis of anyone else's work.

3 CONTRACT (sample) After you first contact us and the details of your project have been discussed, a formal binding contract will be ed to you to be signed electornically. Here is a summary of what it will state: The following rates and terms apply: Fees for projects under $500 must be all prepaid. Fees for projects over $500 are due and payable on the following schedule: Initial Payment - $50% prior to start Final Payment - remaining is due at project completion, at receipt of invoice, and in order to purchase copyrights of all presented work. Initial Payment is required within 2 business days of receiving this agreement; project may not be started until such payment is complete. Ownership of copyright will only be transferred upon receipt of the Final Payment. Payments are non-refundable and delivered within 14 days of billing invoice through Transferwise (contact@inkognitowriting.com; free of charge), or via PayPal or Direct Deposit with additional transfer fees covered by the client. Late payments will be subjected to a 10% fee per week. Late payments are any amount left unpaid 30 days after project start, unless otherwise agreed by both parties. 1. Project Time Frame and rush charge: Artist shall prioritize performance of the Services as may be necessary or as agreed upon by the Parties, and will undertake commercially reasonable efforts to perform the Services. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve and accept the Deliverables in writing (which will then become the Final Deliverables) or (ii) provide written comments and/or corrections sufficient to identify the Client s concerns, objections or corrections to Artist. In addition, if the Client s communications involve more than one source, the project will be delayed until the Client is able to communicate with a sole individual, a single point of contact. Client acknowledges and agrees that Artist s ability to meet any and all schedules is entirely dependent upon Client s prompt performance of its obligations to

4 provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. 1. Rush charge: A rush charge of 30-50% is added to projects that require a quick turn-out, defined as less than a month for whole website design, less than 2 weeks for redesigns up to 5 pages, less than a week for logo design and translation work. Proof of project full payment must be send prior to start. 2. Content and Goals: The Client is expected to provide all of the content and goals for the project. All specific concepts, ideas, and restrictions must be disclosed prior to signing the contract. Failure to do so may change the time frame and the cost. 3. Additional changes: Unless otherwise provided in the Content and Goals, and except as otherwise provided for herein, Client shall pay additional charges for changes requested by Client which are outside the scope of the Services on a time and materials basis, at the Artist s standard hourly rate of $35 USD per hour. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. Artist may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such Changes. 4. Ownership of Artwork: During the project timeline, all the artwork rights are property of The Artist. Upon the completion of the final payment, the Artist will relinquish copyright, and exclusive use of the files. Artist may use work in their portfolio (including, but not limited to, any website that displays the Artist s works), and marketing purposes. Client does not have to display the Artist s name together with the purchased work unless being described in an editorial scenario, but Client may not seek to mislead others that the work purchased was created by anyone other than the Artist. 5. Merchandising The Artist understands that all profits from the sale of the Artist's artwork on merchandise will benefit the Client. The Client shall give to the Artist, at no cost to the Artist, a sample product of one item of their choosing from the products if the Client

5 decides to sell physical items that use an asset provided by the Artist, for the Artist's personal use. 5. Contract Modifications: Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole, following standard procedures of documentation and approval. 6. Revisions: After a visual direction has been established with the client, if selected variations are approved by both parties, The Artist will offer a maximum of 2 rounds of revision. If the revisions are outside of the project scope or after the project s completion, revisions will be made under the Additional Changes clause. 7. Warrant of Originality: The Artist warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the client from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Artist has full authority to make this agreement; and that the work prepared by or used by InKognito Writing does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Artist s product that may infringe on the rights of others. The Client expressly agrees that it will hold the Artist harmless for all liability caused by the Client s use of Artist s product to the extent such use infringes on the rights of others. 8. Limitation of liability: The Client agrees that it shall not hold InKognito Writing or his/her agents or employees liable for any incidental or consequential damages that arise from the Artist s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Artist or the Client, any client representatives or employees, or a third party.

6