Client: Client Name
Primary Contact: Contact person's name and email
Project: Title of project
Developer: Your Name
Date of Project: 09/12/2020
Project Deadline: 11/12/2020
Purchase Order #: 1
Invoice #: Invoice Number
Include the accepted creative brief you wrote as well as: - Concept book creation - Brand book creation - Logo creation - Tagline/Slogan creation - Commercial cartoon, between 45-60 seconds long - Russian and English voice overs for Commercial cartoon - 20 conceptual strategies for USA marketplaces - Conceptual analytics from USA Marketplaces - 20 business recommendations from USA business experts - Website design, with main hero of cartoon - Translation of 100 lessons from Russian to English - Weakly Conceptual Consultations for one hour
Final payment total for project is $13800. Part of this amount ($6900) must be paid on agreement and signing. All invoices are payable within 5 business days of receipt. A $13800 service charge is payable on all overdue balances for reissuing each invoice at 22, 29 and 36 (etc and so on in week increments) days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment. The remaining $6900 will be paid at the end of the project's completion (which is defined as the end of the project and all paid for revision cycles).
2. Default in payment
The Client shall assume responsibility for cost outlays by designer 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 Client shall reimburse the Developer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Developer for payment of said expenses, including but not limited to Stock Artwork and or material needed for the project. Developer should inform client about all expenses before sign this contract.
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Developer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is 50% of remaining unpaid fees. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not.
5. Ownership and return of artwork
The Developer retains 90% of ownership of all original artwork, whether preliminary or final, and the Client shall return such artwork within 30 days of use unless indicated otherwise below. If transfer of ownership of 90% of rights is desired, the rates may be increased. If the Client wishes the ownership of the rights to a specific design or concept, these may be purchased at any time for a recalculation of the hourly rate on the time billed or the entire project cost.
6. Credit Lines
The Developer 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 Developer 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.
9. Uniform commercial code
The above terms incorporate Article 2 of the Uniform Commercial Code.
10. Code of fair practice
The Client and the Developer agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships).
11. Code of fair practice
The Developer 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 Developer has full authority to make this agreement; and that the work prepared by the Developer 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 Developer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Developer harmless for all liability caused by the Client’s use of the Developer’s product to the extent such use infringes on the rights of others.
12. Limitation of liability
Client agrees that it shall not hold the Developer or his/her agents or employees liable for any incidental or consequential damages that arise from the Developer’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 Developer or Client, any client representatives or employees, or a third party.
13. 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 Developer. All actions, whether brought by client or by designer will be filed in the designer's state/county of business/residence.
This contract is held accountable to the legal system of Texas and any applicable statutes held therein.
14. 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 Developer 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.