Gena Gauger x Nina Kay Digital

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This is based heavily on Andy Clarke's brilliant article on 24 Ways: http://24ways.org/2008/contract-killer

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Between Nina Koniuchowsky at Nina Kay Digital and Gena Gauger 

Summary

We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what's best for the safety of both parties, now and in the future.

In short

You, Gena Gauger, are hiring Nina Kay Digital located at   to design: a mood board, a logo, a coordinating digital  business card and a profile/cover photo set for Facebook. You are also hiring me to give you two consultations : one about all things visual and social media branding lasting one hour and one about organic engagement, how to build a community and money making strategies for Facebook. 

What do both parties agree to do? 

As my customer, you have the power and ability to enter into this contract on behalf of your company or organization. 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 agree to review my work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.

I have the experience and ability to perform the services you need from me and we will carry them out in a professional and timely manner. Along the way I will endeavour 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. On top of this I will also maintain the confidentiality of any information that you give me.

Details of the works

I will create designs for the look-and-feel of your digital branding. This contract includes the design work mentioned above plus the opportunity for you to make up to two rounds of revisions. If you're not happy with the designs at this stage, you will pay me in full for all of the work that I have produced until that point and you may either cancel this contract or continue to commission me to make further design revisions at my daily rate of 100.00.

Text content 

I am not responsible for writing or inputting any text copy on your Facebook unless I specified it in the original estimate. I'll be happy to help though, and in addition to the estimate we will charge you a fee of 20.00  per hour, including a free initial consultation, for copy writing or content input. 

Photographs 

If needed, you will supply us photographs either in digital or printed format. If you choose to buy stock photographs you can have access to my arsenal of stock photos for a flat fee of 20.00. 

Changes and revisions 

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don't want to limit  either your options or your opportunities to change your mind.

The estimate/quotation prices at the beginning of this document are based on the number of days that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, that won't be a problem. You will be charged the daily rate of 100.00 instead. Along the way I might ask you to put requests in writing so I can keep track of changes.

Technical support 

I do not offer or include technical support for web site hosting, social media work, email or other services. If you do require help with anything beyond the design and development of your brand, I can help for a fee of 25.00 an hour if it is not a simple fix. 

I don't work weekends

Monday -Friday at any time is a good time for me to do meetings or talk business, ideally.

Legal stuff 

I can't guarantee that your design 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 arising out of the operation of or inability to operate this design.

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.

Copyrights 

You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in your designs are either owned by yourself, or that you have permission to use them. 

When I receive your final payment, copyright is automatically assigned as follows: 

You own the graphics and other visual elements that we create for you for this project. I will give you a copy of all files upon final payment and you should store them really safely as I am not required to keep them or provide any native source files that I used in making them. 

You also own text content, photographs and other data you provided, unless someone else owns them. 

I love to show off my work and share what I have learned with other people, so I  also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on web sites, in magazine articles and in books about web design. 

Payments 

I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly.  As I'm also sure you'll want to stay friends, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.

50% of total estimated fee upon receipt and signing of contract: $200

Remainder of fee payable not more than 14 days after receipt of this contract: $200

But where is all the horrible small print? 

Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. 

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English courts.

Everyone should sign above and keep a copy for their own records.

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