Contract
Prepared for Devon Jones, DJ Azalea Nursery LLC
Name: | Hereafter Known As: |
Devon Jones, DJ Azalea Nursery LLC | Client |
Jen Blanch, Blanch Design Services | Designer |
1. Work
Client requests Designer to create the following:
- Rebranding plan
- Visual identity including applications to sales collateral, storefront, and website
- Website redesign over existing frameworks
- Sales brochure
- Counter signage
- Email newsletter format
Work includes only the final, deliverable art, and not any preliminary Work or sketches.
Preliminary stages:
As of this agreement, Client has already selected an initial design direction from presented concepts. The selected design, titled "Retro Modern," will be considered the starting point for this contract. Any refinements to this design are considered within the scope of the Work. Requests for new design concepts will be considered outside the scope of this agreement and require a separate signed contract.
Designer will present finished design implementations for the use cases listed in Section 1 within 4 weeks of the date of acceptance.
2. Payment
50% of the total fee is required before any services will be rendered, and the remaining 50% is payable within 14 business days of receipt. A $50 service charge is payable on all overdue balances for reissuing each invoice at 30, 45, and 60 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.
3. Estimates
The fees and expenses shown are minimum estimates only unless an hourly fee has been agreed upon. That fee will be $125 per hour and Designer shall provide the Client of a tally of hours within a reasonable period of time upon request if such is the measure of the fee. Final fees and expenses shall be shown when invoice is rendered.
4. Grant of Rights
Upon receipt of full payment, Designer agrees to the perpetual license of the right to display and transmit Work to Client, excluding the right to authorship credit, modification, and resell, which is retained by Designer. Designer agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.
5. Designer’s Right to Authorship Credit
Designer may use Work in Designer’s portfolio (including, but not limited to, any website that displays Designer’s Works). Client does not have to display Designer’s name together with Work, unless being described with any editorial usage, but Client may not seek to mislead others that Work was created by anyone other than Designer.
6. Cancellation
The fee for Work is refundable pending only upon Designer’s breach of contract. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, shall be paid by the Client. If the project is on an hourly basis the and project is canceled by Client, Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
7. Limitation of Liability
Client agrees that Designer will not be liable for any incidental or consequential damages that arise from Designer’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
8. Dispute Settled by Arbitration, and Governing Law
Any dispute under or about this Agreement must be submitted to and resolved by arbitration through the arbitration services located at Internet URL http://www.judge.me. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of Missouri, in the country of the United States of America.
9. Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Designer as sender and Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.