Design Contract: Ongoing Services
Primary Contact: Contact Name
Project: Project Name
Designer: Designer Name
This contract is an offer by Designer to Client made on Mar 27, 2015 for Designer to provide ongoing creative Work as requested by Client.
Client requests Designer to perform design and creative work at an hourly rate of $50 per hour. Client agrees to reimburse Designer for out-of-pocket expenses (including but not limited to purchases of fonts, stock images, and other intellectual property) incurred as a result of the design process.
Invoices will be issued at the completion of each project, payable within 14 business days. A $50 service charge is payable on all overdue balances for reissuing each invoice at 30, 45, and 60 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.
3. Grant of Rights
Work includes only the final, deliverable art, and not any preliminary work or sketches. Designer agrees to the perpetual license of the right to display and transmit Work to Client, excluding the right to authorship credit, modification, and resell, which is retained by Designer. Designer agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.
4. Designer’s Right to Authorship Credit
Designer may use Work in Designer’s portfolio (including, but not limited to, any website that displays Designer’s Works). Client does not have to display Designer’s name together with Work, unless being described with any editorial usage, but Client may not seek to mislead others that Work was created by anyone other than Designer.
If Client decides to cancel the assignment, Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer.
7. Limitation of Liability
Client agrees that Designer will not be liable for any incidental or consequential damages that arise from Designer’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
8. Dispute Settled by Arbitration, and Governing Law
Any dispute under or about this Agreement must be submitted to and resolved by arbitration through the arbitration services located at Internet URL http://www.judge.me. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of California, in the country of the United States of America.
9. 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. Designer as sender and 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.
Client:on Mar 27, 2015 (date)