Termination
If the client wants to terminate this agreement for any reason, the client will be expected to settle any final payments for work already done by the designer which will be given in writing to the Client. If the contract is terminated by the Client, all work legally belongs to the Designer unless otherwise agreed by the Designer. The client is not permitted to recreate the same design or ideas with any other Designer.
In the unlikely event that the Designer falls ill, becomes unwell, or sustains an injury, rendering them unable to complete the work by the due date, the Client and Designer will mutually agree on the project’s status and deliverables. If the agreed-upon time-frame is not acceptable to the Client, they have the option to terminate the project. In the event that no design work has been completed due to these unforeseen circumstances, the Client will receive a full refund of their paid total. If the project has been started, The Client will be billed accordingly for any work completed by the Designer up to that point and the Designer will provide working files to the client. The Client agrees to pay all invoices within 10 working days of receipt, or invoice due date, whichever is sooner. If payment is not received within 30 days of the invoice date, the Designer may charge interest at the rate of 4% percent per month until paid in full.
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Process & Timeline Agreement
The Designer commits to commencing work on the project on dates outlines in our contact and to completing the project by an agreed date. The Designer further agrees to meet any milestones or deadlines specified in this Agreement.
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Client’s Responsibility
The Client hereby agrees to the following: The Client accepts responsibility for proof reading all design materials, and the designer disclaims any liability for any faults or inaccuracies in the delivered deliverables. Once the project is complete and invoices have been paid, there will be an extra fee if the Client finds a mistake and requests revisions. The Client acknowledges that the Designer is not an expert in all cultures, belief systems, and symbolism. If the Client becomes aware of any symbolism, meaning, or connotations within the design that were not previously disclosed and that they find objectionable, the Client must promptly notify the Designer in writing, specifying the concerns. The Designer will work to address and modify the design during the design process to resolve the issues without additional cost to the Client. However, once the project has been signed off by the Client and the final payment has been made, any subsequent concerns related to unintentional symbolism or meaning will be subject to additional costs for the Client, and the Designer shall not be responsible for post-sign-off modifications or revisions related to such concerns. The Client must provide feedback on designs sent by the designer within the dates specified & failure to do so will push the project due date back and may result in project termination. If the designer has to chase the Client more than *5 * times across 2 weeks and they fail to communicate the contract will be automatically terminated and all payments for completed work will be billed directly to the Client. The Designer cannot transfer font licenses to the Client. The Client must purchase and pay for their own font licenses to use it commercially. It is not the Designer’s responsibility to pay or provide the font file to the Client.
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Ownership, Rights & Confidentiality
Until final payment has been made by the Client, the Client has no rights to use the designs. Any and all confidential information communicated with the Designer during the term of this Contract will remain the property of the Client. The designer is not the owner of this confidential information and is not permitted to use it for any purpose other than providing graphic design services. Following project completion & full payment the Client will own the final design deliverables and the designer agrees to assign all rights, title, and interest in the Design and any related materials to the Client. Unused concepts, ideas, materials, logos and designs created during the process and which are not included in the final deliverables, remain the full ownership of the Designer & cannot be shared or used by the Client.
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Limitation of Liability
Any damages resulting from any provision of this agreement, including but not limited to lost revenue, anticipated profit, lost business, or delay expenses, shall in no event be the responsibility of either party to the other party or any third party. For any and all claims arising under this agreement, the Designer’s total liability to the Client shall not exceed the total amount of the fees actually paid by the Client and received by the Designer under this agreement. The Designer shall not be liable for any damages, costs, or expenses, including legal fees, arising from or related to the presence of unintentional symbols or meanings within the design.
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Out of Scope
Extra deliverables added will be regarded as outside the project’s scope. The Client will need to provide this in writing, and there will be an extra charge The Designer has the right to decline any additional work requested by the client. The Designer maintains the right to change the deadline to account for the project’s expanded scope if it is decided to add more work to the initial project and deliverables.