Web & Print Design
203 E Mount Royal Ave
Baltimore, MD 21202
Proposal for Design
Client: Client Name
Project: Project Title
Contractor: Meredith Burke
Date of Project: TBD
Project Deadline: TBD
Scope of Work:
Meredith Burke ("MB" or "Contractor") is an independent contractor who has been in business since November 2007. MB specializes in custom web and print design, production, and illustration. MB is pleased to present this proposal for project name ("the project") to Client Name (the "client"), located at Client Address.
MB will: insert the creative brief & SOW here in paragraph format.
The project as outlined above is estimated to be billed at $rate ($). See section 3.
Upon signing this contract, the client will pay 50% of the estimate listed above. An invoice reflecting the remaining balance will be emailed to the client after the work product listed above is delivered.
Payments may be made by check (payable to Meredith Burke) or via electronic payment such as Paypal or Google Wallet (payable to [email protected]), and are expected no later than 30 days after date of each invoice.
All invoices are payable within 30 business days of receipt. A $50 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.
2. Default in payment
The Client shall assume responsibility for cost outlays by Contractor in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
The fees and expenses shown are minimum estimates only unless an hourly fee has been agreed upon. That fee will be per hour and the designer shall keep the client apprised of a tally of hours within a reasonable period of time. Final fees and expenses shall be shown when invoice is rendered. The fees and expenses shown are minimum estimates only unless the quote and/or invoice is clearly marked Firm Quote, otherwise an hourly fee of $hourly will be payable on all time over that which was quoted with a minimum in 15 minute increments.
The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer, will alter the time and cost. The Client shall offer the Contractor the first opportunity to make any changes.
The Client shall reimburse the Contractor for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Contractor for payment of said expenses, including but not limited to Stock Photography, Artwork, Fonts, and/or material needed for the project.
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Contractor, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not. If the project is on an hourly basis and the project is canceled by the client, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee of $100 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
7. Ownership of artwork
Work created by the Contractor for the client becomes client’s property 1) upon completion and 2) after payment is made. The Contractor reserves the right to use all work in promotional materials, including but not limited to portfolio websites, print material, and social media websites. Visible identifying information for private individuals will be obscured before inclusion in promotional material.
8. Credit Lines
The Contractor and any other creators shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated here.
The Client shall indemnify the Contractor against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
11. Uniform commercial code
The above terms incorporate Article 2 of the Uniform Commercial Code.
12. Code of fair practice
The Client and the Contractor agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships).
13. Code of fair practice
The Contractor warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Contractor has full authority to make this agreement; and that the work prepared by the Contractor does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Contractor’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Contractor harmless for all liability caused by the Client’s use of the Contractor’s product to the extent such use infringes on the rights of others.
14. Limitation of liability
Client agrees that it shall not hold the Contractor or his/her agents or employees liable for any incidental or consequential damages that arise from the Contractor’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Contractor or Client, any client representatives or employees, or a third party.
15. Dispute Resolution
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Contractor. All actions, whether brought by client or by Contractor will be filed in the Contractor's state/county of business/residence.
This contract is held accountable to the legal system of Maryland and any applicable statutes held therein.
16. Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Contractor as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.