CHANGES: In the event the scope of the project should change beyond what was originally discussed and proposed, all additional work will be quoted on based upon a rate outlined per previous email (including but not limited to, other design, excessive modifications and additions). Estimate does not include excessive revision time and is subject to change. Final invoice will have final costs included.
LIMITATIONS ON
CONCEPTS AND CONFIDENTIALITY: Client agrees not to manufacture, sell, deal in, or otherwise use or appropriate concepts in any way whatsoever, including but not limited to adaptation, imitation, redesign, or modification. Client understands and agrees that disclosure of concepts to others would irreparably damage the designer. As consideration, the client will keep secret and hold in confidence any properties not deemed final art. Concepts (if applicable) not attached to the integrity of the client branding may be sold to other clients.
TERMS: Upon acceptance of the estimate, the client is responsible for all payment as listed in the final service invoice within 30 days of being invoiced at each milestone. A 1.5% monthly service charge is payable on all overdue balances. Payment schedule is as follows: 25% deposit before project commences, 25% after concepts are approved, 50% after project is completed. Should the client repeal the project before completion, the designer is due for services rendered if service costs are less than the deposit, designer will refund client the difference. Should the client not compensate for services, the designer is authorized to summon legal action to acquire payment. The client assumes all responsibility for fees resulting in the neglect of payment, including lawyer fees, postage fees, and bounced check fees. If the designer has had no contact with the client at the fault of the client for 90 days or more after project commences, the designer will void the project, issue a $100 convenience kill fee plus applicable design fees. The client will not be entitled to any work, regardless of payment already made or services already rendered. The designer always retains all promotional and applicable rights to work done, including but not limited to self-advertising and portfolio display. Client, upon full payment of invoice will be entitled to copyright transfer of final art not provided or created by client* (copyright cost is an added $25/hr rate to the design cost and will be included in the invoice at the client's choosing) in writing but must file for copyright with the copyright office for actual copyright certification. Otherwise, client is issued reuse rights for original design and designer will own full copyright. The designer assumes no claim to client provided art and content. The designer will not release any final art source files by means of uploading or sending art files until project completion payment has been made. Client account information is held in confidence and will not be released.
DEADLINES: Unless agreed upon before contract is established: The designer must be notified at least two weeks in advance of any deadlines for the project. If any design is needed within two weeks (including weekends), a rush cost of 50% of project cost will be issued. The designer is not responsible for work that is delayed due to lack of response on the part of the client.
*Client agrees that the materialssubmitted to Aibrean's Studio ("Client Art") for use in additional design work do not infringe on the intellectual property rights, including copyright and trademark rights, of any third party. Client agrees to indemnify Aibrean's Studio, and hold it harmless as to any claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from claims that the Client Art infringes on the intellectual property rights of third parties. |