This agreement (the “Agreement”) is made on the date submitted “Date” by and between YOU the “Client” and David Asbery “Designer.” In consideration of the mutual agreement made herein, both parties agree as follows:
There are 4 phases that govern the success of a project from start to finish. They are as follows.
Introduction: Client contacts the designer with a project request. Designer reviews the project request, provides feedback along with a Price Quote (“quote”). The Client sends all of the required Text, Photos, and Media free of errors along with the deposit as noted in the quote.
Design: Designer begins working on the project and sends concepts. Client sends the Designer feedback and any corrections or adjustments.
Completion: Client accepts the project as complete and pays the Designer the remaining balance as stated in the quote.
Delivery: Designer hands over the project to the client as agreed upon in the quote.
The Designer agrees to produce project materials (the “Work”) at the request of the Client for fees agreed upon in advance and the delivery of the Work by an agreed-upon deadline noted in the quote. The Designer will cooperate with the Client in editing and otherwise reviewing the Work prior to the completion and delivery phases. It is the Client’s responsibility to provide the Designer the following: Copy / Text (company info, flyer info, product descriptions, lists etc.), Media (audio, video, Photos, Logos, etc.) Royalty-free stock photos are available upon request for an additional fee. All text to be used for the project must be provided digitally, via email, and free of errors. Hand written notes are not acceptable. The Designer will not serve as the author of the information utilized in the project. The Designer is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.
The Designer acknowledges that he may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. The Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to the Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by the Client in advance of the establishment of this contract, the Designer can display materials and final work created for the Client on the Designer’s website (davidasbery.com).
The Client agrees to pay the Designer the deposit stated in the quote before any services are provided, and the remaining balance is to be paid before any workable files are delivered. If the parameters of the Work change, or if it involves more time than estimated, the Designer will inform the Client and they can renegotiate the Work’s cost. the Designer is responsible for the payment of all federal, state, and/or local taxes with respect to the services he performs for the client as an independent contractor. The Client will not treat the Designer as an employee for any purpose.
Upon acceptance of the Work, the Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) the Designer is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.
Both parties understand that the Client or the Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, the Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by the Designer. Should the Client cancel the project following its completion, the Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, the Designer retains ownership of all copyrights and original work created.
ACCEPTANCE OF TERMS
The Client promises to pay for the services rendered by the Designer for the Work as agreed upon. By signing below, the Client agrees they have read, understood, and are considered legally bonded to these terms.