Terms and Conditions
We can’t guarantee that our work will be error-free and so we 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 us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that. We are not responsible for any spelling, grammar or info errors that comes from the Client.
First, you guarantee that all elements of text, media or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.Then, when your final payment has cleared, copyright will be automatically assigned to Client.You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, media and data you provided, unless someone else owns them. You will have co-ownership of all new media shot. Designer hereby assigns to Client all right, title and interest in the work produced under this Agreement, except that Author retains display rights in the work, i.e., for use in portfolios, exhibitions and other self-promotion channels. Once the Client has the work produced under this Agreement, the Client my do with it as they please as long as it is not used in the Adult Industry or for Illegal Activities. That being said if the Client decides to alter or edit the work produced under this Agreement it is not the Authors responsibility to fix it. If you break it, you buy it! If the work produced under this Agreement is being used or sold the Author will be paid royalties agreed upon by both parties.
The FEE Agreement
Client will pay Half of the total project cost at the signing of this Agreement. At the completion of the project, Designer will invoice Client for the balance, with payment due within 10 days of the invoice date. The final project will not be delivered to the Client until the Client fulfills the total of the invoice. Any payment not received by its due date will accrue interest at 1.5% per month. Client will be responsible for Designers expenses due to traveling or related expenses to the project. If Client cancels the project after Designer has begun work, Designer is immediately entitled to a “Kill Fee” of half of the total project cost already paid to Designer. Designer’s Fee includes 1 round of revisions, provided that such revisions do not require work exceeding the Scope of Work as defined in this Agreement. Designer may decline, or charge additionally for, work that Designer reasonably deems to be beyond the Scope of Work. Designer must notify the Client before going over the project cost and wait for approval form Clint before continuing.
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (color, texture and typography.) We call that ‘design atmosphere.’You’ll have two or more weekly opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us a “Kill Fee” of half of the total project cost and cancel this contract.
You should supply Media files in an editable, vector digital format. You should supply photographs/videos in a high resolution digital format. If you choose to buy stock photographs/videos, we can suggest stock libraries. If you’d like us to search or shoot new photographs/videos for you, we can provide a separate estimate for that.
CONTINGENCY/ WEATHER/DUE DATE
A contingency day is any day where a scheduled media/film shooting has been prevented from occurring due to circumstances beyond the control of the production company.These circumstances may include but should not be limited to: (1) Weather conditions (rain, fog, sleet, hail, or any adverse condition that is not consistent with the prescribed shooting conditions desired by the Client).(2) Injury, illness, or absence of client-supplied elements (e.g. key talent, props and so on).(3) “Client issued Re-Shoots” (any additional days for a job insured by the Client, who is therefore authorizing the expenditure). The Client should be provided with a contingency day cost which should be approved prior to proceeding with that shoot day.(4) Designer has the right to not shoot or work on any Holidays or Time off regardless of the deadline. Any Due Dates not met because of these circumstances will not be the responsibility of the Designer.
Changes / Revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server or website will be up to you.