My Amanda Graphic Design TOS

This is the Terms of Service for Graphic Design work done by My Amanda Design

Summary:

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

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 organization. You’ll give us everything we need to complete the project in a timely manner and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.

Getting down to the nitty gritty

Payment

Payment is expected in full up front for all graphic design services except web design. I will send you a Paypal invoice, and I will begin your project on the agreed upon date provided I have received payment. You do not need to have a Paypal account in order to make a payment. There is an option on the invoice to pay via credit card, debit card, or electronic check.

Project Delivery Dates

If there is a hard deadline for your project, you must communicate it clearly up front before payment is made. It is always my intention to complete your project on time. Revisions and your response times play a major role in the amount of time it takes to complete your project. Therefore, the project completion date I give you is not a guarantee.

Text content

We’re not responsible for writing any text copy. If you’d like us to write new content for you, we can provide a separate estimate for that.

Providing content in a timely manner is your responsibility. Content, copy, images, and links need to be provided in an organized manner before design starts on your project.

NOTE: Errors in text or formatting that I have introduced into your content will be fixed for free. However, edits such as typo/grammatical errors/wording changes carried over from the original copy are $30 for each round of changes and $2.00 per edit.

Photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

Files

I deliver as a png, jpg or PDF. The original source files can be delivered at an extra charge.

Project Communication

After the first initial introductory phone call, I prefer email as my main means of communication so that I have all correspondence on file to use as reference when working on the project. It also allows me to keep my costs affordable by not adding additional time to projects.

Occasionally, due to the nature of a project, a weekly phone call will be needed to make sure we are all on the same page and deadlines are being met. I will let you know at the start of a project what our call schedule will be.

You have 48 hours from initial communication to give feedback, answers, or any other requested information or all subsequent deadlines are null and void and must be renegotiated.

After receiving the initial files and payment, I will deliver a proof in 2 weeks’ time. Work will cease until you contact me with an approval or requested changes. The project will be completed within 4 weeks after approval by you to complete the project as agreed upon by the proofing process.

Changes and revisions

All changes and revisions will need written approval in some form. If changes are given via a phone call, they will need to be written in an email and given the ok.

3 revisions per project unless otherwise specified.

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 plus a few revisions. 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.

Here are some tips to make the most of changes and revisions:

You must be specific with your feedback. If you are requesting revisions, it is most effective to offer examples of colors, fonts, images and sites you like. Excessive revisions, tweaks and miscellaneous changes are subject to additional charges at my discretion.

Errors in text or formatting that I have introduced into your content will be fixed for free. However, edits such as typo/grammatical errors/wording changes carried over from the original copy are $30 for each round of changes and $2.00 per edit.

I am not responsible for revisions or updates to a project once the final agreed upon deliverable has been sent. If additional design, coding, or edits associated with this project are needed, a new project agreement will be created.

NOTE: Once you approve a design, it's considered final. Final means we're happy to make changes should you request them but all changes will be quoted and billed separately. Be sure to proof read before giving the go-to finalize the design.

Project Cancellations

Should something happen for any reason whatsoever that causes you to cancel this project once it has begun, you are completely free to do so. You will simply be billed for any work completed up to the point of cancellation, and we will send you the work we completed up to that point.

Should some life altering event happen to cause us to cancel this project, we will hand over any work completed up to the point of cancellation and refund you for any payments made on incomplete work.

Legal stuff

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.

Copyrights

First, you guarantee that all elements of text, images 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 as follows:

You’ll own the visual elements that we create for this project. We’ll give you the finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.

We’ll own the unique combination of these elements and source files that constitutes a complete design. We can provide a separate estimate for source files.

We love to show off our work and share what we’ve learned with other people, so we reserve the right to include your project as part of our portfolio and to write about it on websites, in magazine articles and in books.

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