This agreement (the “Agreement”) is made on “Date of paid invoice” by and between the “Client” and the “Designer.” In consideration of the mutual agreement made herein, both parties agree as follows:
We will deliver to you, via electronic mail (or a downloadable hyperlink), within 1business days after you approve the final design(s), digital files containing the final design(s), in the following format(s): JPG and PNG and or PDF will be emailed to address email on form.
What we promise you:
We promise that, except for anything that you gave us to incorporate into the design(s): (a) Our work will be original and will not be copied in whole or in part from any other work; (b) We own the rights that we are giving you under this Agreement, or we have secured such rights to any third-party content incorporated into our final design(s); and (c) our work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. We promise that this Agreement does not conflict with any other contract, agreement or. Finally, we promise that we will hold and maintain in strict confidence any confidential information that you provide us (such as proprietary technical or business information), and we will not disclose such information to any third party except as may be required by a court or governmental authority.
What you promise to us:Payment
You promise to pay me the total cost of what the invoice total is; you agree to pay us in full, you will not acquire the rights or license to use or transfer ownership of any design(s) that we create for you until payment is made first. All Projects Are Not Created Equal. If you make major changes to work after first submitting ideas there will be an extra cost after the 2 revisions. The designer has the right to do so. Once Work is Started There Are No Refunds unless agreed from us and yourself
You Have Rights To The Client Content.
You promise that: (a) You own the rights to use anything you give
us (“Client Content”); and (b) using such Client Content does not violate the patent, copyright, trade secret or other property rights of any person, firm or entity. You grant us a non-exclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with my work for you under this Agreement and our limited promotional uses as allowed by this Agreement. You also affirm and represent that this Agreement does not conflict with any other contract, agreement or understanding to which you are a party.
You Promise To Provide Feedback.
You agree that I cannot send you final files unless you give us timely
feedback and approve the final proofs we will send you. You agree to provide timely feedback so that we can understand your concerns, objections or corrections to the design(s). We agree to listen to your feedback and make changes to the design(s) in response to your feedback. You promise not to unreasonably withhold acceptance of the final design(s). Finally, you agree that our work on this project will be complete and the Agreement will end after I deliver to you final files containing the final design(s) that you’ve approved.
Rights for All Designs (Logos, Flyer, Websites etc.)
If the work We are doing for you includes the design of a logo, Flyer, Website, We will give you the full rights to use the design we create in any and all media without restrictions of any kind. Additionally, we agree that after you pay us in full, we will cooperate with you and execute any additional documents reasonably requested by you to evidence such assignment of rights
All Digital Designs!
You Must Have All Content ready before proceeding With Project within 7 business days. If the Project Goes Past The Time Frame. There will be a Fee of $25 for All Late Content that offset the time project is supposed to be done. Please understand that when you are late sending the content it will delay the process with new orders we receive and you are responsible for checking your email when we send the content needed.
All Website Projects are on a 2 Week Time Frame (15 – 30 business days). You Must Have All Content ready before proceeding With Project within 7 business days. If the Project Goes Past The Time Frame. There will be a Fee of $100 for All Late Content that offset the time project is supposed to be done. Please understand that when you are late sending the content it will delay the process with new orders we receive and you are responsible for checking your email when we send the content needed.
We use a 3rd party for all shipping material. Once you approve the design and the order is placed there are absolutely no refunds allowed. If in the event the print order is damaged or not right, you must send 3-5 pictures of the item so we can resolve the issue with them.Not all the time but sometimes their might be a delay with our vendor and in the event if that happens , we will communcate that with you and do everything in our power to expedite the order for you.
Miscellaneous terms / Entire Agreement.
This Agreement constitutes the complete and exclusive agreement between you and us
concerning the work on this project, and it supersedes all other prior agreements, proposals, and representations, whether stated orally or in writing. We can modify this agreement in writing if both you and I agree on that modification.
We are an Independent Contractor.
You agree that we are an independent contractor and not your employee.
Although you will provide general direction to us, we will determine, in our sole discretion, the manner and ways in which we will create the design(s) for you. The work that we create for you under this Agreement will not be deemed a “work-for-hire”, as that term is defined under U.S. Copyright Law. Whatever rights we grant you are contained in this Agreement. You agree: (a) to all of the terms and conditions of this Agreement and (b) that we have the full authority to enter into this Agreement. The Agreement is effective as of the most recent date that appears below.
Logo Design: Once Client purchases logo design. When a logo design is created. The Client owns the logo design 100%
Logo Revision Fees: Every Logo Design comes with 2 Revisions. Each Revision will be $25 per Revision or Change. If Clients wants a whole New logo Design After the First one. Each New Concept Will be $50 each.
Any Design Fees: Each Design Comes with 2 Revision Fees. Flyer, Banner Designs etc. will be charged $10 per revision after 2 revisions.
Web Design Clients: If Client has purchased a website. The client must agree to pay in full upfront or partial payment plan for orders $500+).
Or plan agreed on by an associate of Visual Conceptionz llc
Extra Web Fees are charged after 5 Website Changes or Revisions. All Work Must be Submitted before Starting site. All Websites will be on a 2 Week Time Frame. If Changes are made after 2 Week Time Frame, there will be a $100 Fee for Extra Add-ons or site changes.
Work: The Designer agrees to produce project materials (the “Work”) at the request of the client for fees agrees upon in advance and delivery of the Work by an agreed-upon deadline. Designer agrees that we will be the sole author of the Work, which will be original work and free of plagiarism. The designer will cooperate with Client in editing and otherwise reviewing the Work prior to completion and launch.
Confidentiality: Designer acknowledges that we 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. Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is and afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Designer can display materials and final work created for Client on the Designer’s website (http://www.visualconceptionz.com.
Compensation: Client agrees to pay Designer 100% of the total project cost before any services are provided. If the parameters of the Work change, or if it involves more time than estimated, Designer will inform 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 Designer as an employee for any purpose.
Refunds:Client Understand that there are absolutely no refunds unless agreed upon by both parties. The designer will issue a credit to get other work done or redo project or refund after an agreement is made for the amount being refunded.
Client Approval: Upon acceptance of the Work, 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. If Details of work has major changes there will be an extra cost for completing work. The Designer has the rights to charge client extra for projects. All Designs are not created equally.
Cancellation: Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, 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 Designer. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed-upon estimate plus all expenses incurred. In the event of cancellation, Designer retains ownership of all copyrights and original work created.
Acceptance of Terms: Client promises to pay for the services rendered by Designer for the Work as agreed upon. By paying an invoice or paying on the site (www.visualconceptionz.com), Client agrees they have read, understood, and are considered legally bonded to these terms.
By paying an invoice thru PAYPAL or on our site ( www.visualconceptionz.com ) you automatically agree to these terms.
The client has 3 business days to approve or ask for a revision or the order will be marked as complete and files will be sent.
For websites, all clients must fill out the web inquiry form before the order can begin.
All info must be sent via email and not on paper or from a screenshot.
When paying an invoice or order from the site you automatically agree to these terms on our website.