Kyrie Kohlhagen –
Design / web Agreement
The vast majority of design projects run smoothly and without any problems, however from time to time something does come up, and it's important that we both have an understanding of how best to deal with it.
This agreement is designed to ensure that we're both protected from any unexpected circumstances. It also lays out the basic structure of how I like to work. When reading the agreement below, it is assumed that you have already received your brief / proposal document.
In the interest of keeping things simple, this document contains the minimum legal jargon required to still be legally enforceable.
WHAT DO BOTH PARTIES AGREE TO DO?
YOU: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You’ll review my work and provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by any dates we set together. You also agree to stick to the payment schedule set out in your brief / proposal document.
ME: I have the experience and ability to perform the services you need from me, and I will carry them out in a professional and timely manner. Along the way I will endeavor to meet all the deadlines set but I can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off my work on-time at any stage. I will also maintain the confidentiality of any information that you give me.
GETTING DOWN TO THE NITTY GRITTY
TEXT CONTENT, DATA AND FILES
You guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide me are either owned by your good self, or you have permission to use them. Any relevant graphic files should be supplied in an editable, vector digital format (EPS), and photographs in a high resolution digital format.
All design projects will be supplied to you in multiple print and web file formats (PDF, .jpeg, .png and .eps files). Your logo files will be of professional quality in formats suitable for both print and web use. You will receive file formats that can be scaled without any loss of quality – meaning that your logo is very versatile and can be used for all print and web purposes. I do not supply the working files (i.e. Adobe Illustrator and InDesign files) for any project.
It is not my responsibility to write or edit any text copy unless specified in your brief / proposal document. If you’d like me to write new content or proof read and edit text for you, I can provide a separate quote for that, or can recommend a freelance copywriter.
CHANGES AND REVISIONS
The pricing outlined in your brief / proposal document allows for up to two initial concept mock-ups of a graphic element, plus the opportunity for you to make up to two rounds of revisions. Sometimes things change throughout the scope of a project, so if you wish to change your mind or add anything new to the original brief / proposal document, any additional fees will be confirmed in writing prior to doing the work.
I take great care to ensure that errors do not occur, however it is your responsibility to proof read and check projects to identify any text or spelling errors prior to print - you will be fully responsible for reprint and production costs in the case of an error.
Colour representation varies greatly across smaller devices (smart phones, tablets, iPads etc), so it is recommended to use your computer screen to view all supplied PDF proof documents.
COPYRIGHT & IMAGE OWNERSHIP
When the job is complete and your final payment has cleared, copyright will be automatically assigned as follows:
• You’ll own full use of the visual elements that I create for you as outlined in the original brief / proposal document. I’ll give you source files and print ready files (PDF) and you should keep them somewhere safe as I'm not required to keep a copy.
• I’ll own the full copyright to all the elements that make up your complete design and I’ll license that you can exclusively use the elements provided for this project as outlined in the original brief / proposal document, unless we agree otherwise. This basically means that you can't take the designs I create for you and use them for a commercial product without prior approval i.e. reproducing my design elements onto products for sale such as t-shirts, artworks, mugs etc.
PRICING, PAYMENTS AND CHARGEABLE TIME
The price quoted in your brief / proposal document is based on an hourly rate of $90 for concept development, design and layout. For work such as managing and coordinating print jobs with suppliers on your behalf, or meetings / phone conversations to brainstorm ideas are also chargeable services at this rate.
I'm sure you understand how important it is for a small business to maintain cash flow; therefore you agree to the payment terms as outlined in your brief / proposal document. All invoices are COD. Work will remain on hold until installments for each stage are paid in full. When dealing with providers such as printers, payment up front and in full will be required prior to order placement and delivery.
Payments for all work carried out are spread across the duration of the job are to be made by direct deposit into the specified account on each invoice. I do not accept payment by credit card or cheque.
If at any stage, you’re not happy with the direction the work is taking, it is agreed that you will pay me for any hours worked up until that point and you can then choose to cease all work. Design work is recorded in Freshbooks Accounting System using a timer, and a report of time spent on each task can be provided upon request if work was to stop mid-project.
If after our initial briefing & design development meeting your circumstances change, or if for some reason you decide to not move forward with the design project, a $120 fee will be sent to you to cover my consultancy service. (The briefing meeting is essentially a brainstorm and I always provide valuable information to help you with your business development and direction.)
I have completed the design of many successful website projects. I work alongside a brilliant and very clever web developer who follows my design instruction and converts my ideas into something that simply works. We choose to work in template based systems like Squarespace, Wordpress and Big Cartel because of the abundance of online help and support that is available. Template systems also offer a cost effective solution for website customisation as apposed to building a site from scratch. Here are a few things to consider when designing and working with websites:
• All text/copy, images, photography (high res) is to be supplied by you in the file formats requested.
• For online shops, the loading of your products once the website is complete will be your responsibility. This is a great way to become familiar with how your site works so you will feel confident to maintain your site with new products in the future.
• Your website will be hosted by a recommended service provider or your existing host therefore I do not take any responsibility for the hosting service they provide. If you have a problem with your hosting (including email) please make your host your first point of contact by using their help or service pages on their respective websites.
• A website design template to suit your website ‘wish list’ will be customised specifically to your current requirements and all features will be fully functional at the time of launch. Over time technology can change, so if at any stage in the future CMS software (like Wordpress or BigCartel) is updated and your website template functionality changes slightly I cannot take responsibility for these unforeseen changes.
If any problems were to occur, I am happy to help to rectify them or offer advice, and this service will be charged at my hourly rate. It is recommended that you check any relevant help and support content prior to contacting me. Afterall, I am a designer not a web developer, and they are two very different roles!
I can’t guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them.
Finally, if any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
If any significant changes are made to this agreement you will be notified in writing, and will be asked to review the changes prior to commencing any design projects.
THE SMALL PRINT
Just like a parking ticket, you can’t transfer this contract to anyone else without my permission. This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this agreement is a legal document.