Before you confirm your agreement to these terms, please make sure you understand all of the below agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.
By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.
Concepts: Within 14 business days of receiving your company information and deposit, Chozen Graphics & Design, LLC (CGD) will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, CGD will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at CGD’s current hourly rate.
File Delivery: After the final logo design is approved, the logo design to you as digital files (.jpg, .pdf, and .eps graphics file formats).
Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. CGD retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives CGD permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business-related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).
Payment: In return for logo design, the client agrees to pay the total fee payable in two payments, unless otherwise negotiated. A 50% deposit is required before any work begins and the remaining payment when final logo design is approved but before it is delivered. The client understands that the final logo design belongs to CGD until paid in full. In the event of termination of this Agreement, CGD owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, CGD owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that CGD reserves the right to display the logo for business promotional use.
Originality: CGD affirms that our logo designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Delays: Illness, injury, or other events beyond CGD’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, CGD fails to complete the Logo within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, CGD shall retain the deposit.
Performance Liability: CGD does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will CGD be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if CGD has been advised of the possibility of such damages.
Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.
Concepts: Within 7 business days of receiving your company information and deposit, CGD will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at CGD’s current hourly rate.
Proofing: Proofing is an important step, CGD shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product.
Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. CGD retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives CGD permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).
Payment: In return for graphic design services, the client agrees to pay the total fee payable in two payments, unless otherwise negotiated. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered. The client understands that the final design belongs to CGD until paid in full. In the event of termination of this Agreement, CGD owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, CGD owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that CGD reserves the right to display the logo for business promotional use.
Originality: CGD affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Stock Photography: CGD agrees to provide up to 5 stock photos during the design process, limited to current stock photo library. Any photos acquired by CGD for inclusion in the client’s design remain the property of CGD and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.
Delays: Illness, injury, or other events beyond CGD’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, CGD fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, CGD shall retain the deposit.
Performance Liability: CGD does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will CGD be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if CGD has been advised of the possibility of such damages.
Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes CGD to publicize their completed Web site to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.
Proposal: For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in this contract will be honored for three (3) months after both parties agree to this contract. Continued services after that time will require a new agreement.
Client Provisions: Client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.
Stock Photography: CGD agrees to provide up to 5 stock photos during the design process, limited to current stock photo library. Any photos acquired by CGD for inclusion in the client’s design remain the property of CGD and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.
Completion Date: CGD agrees to complete website projects within a timeframe agreed upon with the client.
Delays: Illness, injury, or other events beyond CGD’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Payment: A 50% deposit is required before any work begins and the remaining payment when final website is approved but before it is delivered. The client understands that the final website design belongs to CGD until all invoices are paid in full. In the event of termination of this Agreement, CGD owns the website design and has the right to complete, exhibit, and/or sell the website design (not including business name). Once the final invoice is paid in full, the client has the right to use images of the website design in all media useful for business promotion and that CGD reserves the right to display the website for business promotional use.
Delinquency: CGD reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.
Performance Liability: CGD does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will CGD be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if CGD has been advised of the possibility of such damages.
Copyrights and Trademarks: The client represents to CGD and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to CGD for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend CGD from any claim or suit arising from the use of such elements furnished by the client.
