Project Scope | Fees | Invoicing | Late Payment Penalties | Support Services | Printing Services | Additional Expenses | Deadlines | Client Responsibilities | Terms & Termination | Right of Refusal | Exclusive License | Accreditation & Promotions | No Exclusivity | Warranties & Representations | Expiration | Signature
Unless otherwise provided in this Agreement, the 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 Radiant Resolution LLC’s (the Designer) standard hourly rate of $60.00 per hour. The Designer may extend or modify any delivery schedule or deadlines and Deliverables as may be required by such changes. If the project scope changes substantially (being defined as anything that exceeds 10% of the original schedule or budget, or $100, whichever is greater), the Designer shall be entitled to submit a new and separate Proposal to the Client for written approval. Work shall not begin on the revised services until a fully signed revised Agreement and, if required, any additional retainer fees are received by the Designer.
The Designer shall collect a deposit of 50% for projects greater than $200. The remainder shall be paid within 2 weeks of completion of the project. For projects less than $200, all fees shall be paid within 2 weeks of completion of the project, and all final files may be withheld until payment is received.
All invoices must be paid within 2 weeks of receipt. (Invoices are e-mailed directly from Wix, so please check your spam folder.)
Late Payment Penalties
A monthly service charge of 1.5% of the total due invoice is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. The Designer reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full.
Ongoing maintenance beyond the scope described in this Agreement will be billed at an hourly rate of $60/hour.
Printing Services (if applicable)
Printing services will be completed by a third party and subject to their terms and conditions. The Designer will provide to the Client a file in the proper printing format as a proof, which will then be submitted to the third party printer for production. The Designer will charge a $10.00 processing fee per design. Printing and shipping expenses will be billed to the Client.
Additional Expenses (if applicable)
The Client shall pay the Designer’s expenses incurred in connection with this Agreement including but not limited to costs for stock photography, hosting services, printing services, and shipping, and the Designer will notify the Client before such purchases are made, and items will be listed separately on the Client’s final invoice.
See below for time allowances for each project. In the event that the Client causes a lengthy delay (being defined as thirty (30) days after the agreed deadline) it will result in an extension of the project’s final deadline and the possibility of a delay penalty fee, the termination of the project, the loss of any deposit and/or the project will no longer receive a higher priority. The Client acknowledges and agrees that Designer’s ability to meet any and all schedules is entirely dependent upon the Client’s prompt performance of his or her obligations to provide materials and written approvals and/or instructions pursuant to the Agreement and that any delays in the Client’s performance or changes in the Services or Deliverables requested by the Client may delay delivery of the Deliverables. Any such delay caused by the Client shall not constitute a breach of any term, condition or the Designer’s obligations under this Agreement.
Logos: 1 week (minimum), 6 weeks (maximum).
Website: 2 weeks (minimum), 12 weeks (maximum).
Print Work or Social Media Designs: 1 week (minimum), 12 weeks (maximum).
The Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner: (a) coordination of any decision-making with parties other than the Designer; (b) provision of Client content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; (c) final proofreading and in the event that the Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, the Client shall incur the cost of correcting such errors; and (d) ensuring that all information and claims comprising the Client content is accurate, legal and conforms to applicable standards in the Client’s industry.
Terms and Termination
The term of this project will begin with the signing of this Agreement and end with the Client’s acceptance of the completed services. This Agreement may be terminated for convenience at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or for cause if any party breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.
In the event of termination, the Designer shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by the Designer as of the date of termination, whichever is greater; and the Client shall pay all Expenses, fees, out-of-pockets together with any additional costs incurred through and up to the date of cancellation. In the event of termination for convenience by the Client, the Client shall pay in addition to the above an early termination fee equal to 15% of the total project fee, and the Client shall not have rights to use Deliverables except upon written consent from the Designer provided after such termination. The Designer will retain all preliminary art, including any studies and comps already rejected by the Client, while the Client might receive the most recent approved version of the work in process.
Right of Refusal
If during the creative process the Client rejects the Deliverables and various attempts to alter the Deliverables to the Client’s approval, then the Client forfeits the initial deposit payment and the Agreement will be terminated. This is free of any claims or interests of the client, and the client will not owe any additional fees to the artist. The artist will then retain all copyright rights to the work, and rights to complete and reproduce the work. In the event that the Client has not paid a deposit, the Client will be charged an hourly fee of $60/hour for work completed thus far.
Upon completion of the Services, and expressly conditioned upon full payment of all fees and costs due, the Designer hereby assigns to the Client all of the Designer’s rights, including trademark and Copyright, and grants to the Client the exclusive right and license to use, reproduce, and display the Deliverables solely in connection with the Deliverables as defined in the Agreement. Any additional uses will require separate pricing. The rights granted to the Client include the rights to adapt, modify, and create derivative works based on the Deliverables solely in connection with the Deliverables and usage rights set forth herein. The Client shall have sole responsibility for ensuring that Trademarks do not infringe the rights of third parties, and the Client shall indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party alleging trademark infringement, or arising out of Client’s failure to obtain trademark clearance or permissions, for use of Trademarks.
The Designer retains the right to reproduce, publish and display the Deliverables in Designer’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project and, if applicable, the Services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.
Note that work may be slightly modified or simplified (for instance, removing personal contact information) for promotional purposes.
The Designer sells Services to a range of clients, some of whom may be competitors to the Client. There will be no exclusive relationship between the Designer and the Client.
Warranties and Representations
The Designer’s Deliverables will meet, to the best of the Designer’s knowledge, all technical requirements specified by the Client in the Client’s statement of work. Designer shall use commercially reasonable efforts to ensure that all Final Deliverables shall be designed to comply with relevant rules and regulations known to Designer; however, Client, upon acceptance of the Deliverables, shall be solely responsible for conformance with all rules, regulations, and laws relating to Client’s use thereof.
All estimates will remain valid for 30 days. After 30 days, if the Agreement has not yet been signed, a new estimate may be required.