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1) CLIENT'S COPYRIGHT AND USE AGREEMENTS:
a) Under this Agreement any and all design work performed by Stacie Tamaki, The Designer, shall be for the exclusive use of the Clients contracted purpose(s) ONLY.
b) Designs may not be used for other promotional purposes such as any and all printed materials (i.e. business cards, brochures, signs), websites, and video/film usage without express written permission by the designer as prices are based upon usage.
c) Types of usage are categorized as:
Full Use License: Allows use of the design for self promotion in any and all media.
Limited Use License: This means any work by the Designer cannot be reproduced or incorporated into any other print media, web based, or video/film media without an amended contract stating the use allowance has been broadened. It there are any, all agreed upon additional fees must be paid to the designer before the license takes effect. A limited use license would be for illustrations, web design and other single use design concepts.
To use any illustrations or designs without the Designers written permission is a violation of Copyright and the Designer reserves the right to seek damages through legal process if this agreement is broken.
2) OWNERSHIP & PROPERTY RIGHTS
a) Any design work for any project including but not limited to: drawings, artwork, sample web pages and other visual prototypes will remain property of the Designer.
b) The Designer reserves the right to always retain both printed and online samples for promotional use.
c) The Client shall be entitled to possession and use of such materials only for the purpose of the agreed upon use.
d)
All preliminary concepts and visual presentations may not be used by the Client without the Designers written permission. Sample artwork or prototype web pages may not be given to other designer(s) to alter, reproduce or post online.
3) PAYMENT & REFUNDS A non-refundable retainer of 50% is required to begin all projects. The balance 50% is due upon completion. For websites the balance must be recieved before officially launching the website on the client's server.
Refunds. Once a project is complete there are no refunds.
4) CREDIT for Websites: The Designer shall have the right to include a credit line with a live link to GirlGoesGeek.com at the bottom of the contact page. If there is no contact page a link will be added to the bottom of the home page.
Likewise if your website or materials are featured on the Designers website, a courtesy link to the Client's website will be provided at no charge to the Client.
5) APPROVAL OF WORK
It is the Client's responsibility to proofread and approve all final copy on all projects. The signature of the Client shall be conclusive as to the approval of all artwork, drawings and other items prior to their release for use. The Designer does not offer proofreading, editing or copy writing. Once approved the Designer will not be held responsible in any manner for inaccuracies that are published or printed in any manner.
6) LIABILITY OF THE DESIGNER
The Designer will take reasonable precautions to safeguard original materials provided by the Client. The Designer, however, will not be liable for any damage to, or loss of any material provided by the Client, including artwork, photographs, or manuscripts, other than or on account of willful neglect or gross negligence of the Designer.
Although the designer may recommend to the Client various professionals, she shall have no liability for payment to any other professionals the Client chooses to engage, nor shall the deisgner have liability as a result of any services or product provided by said professionals.
7) TERMINATION
Either party may terminate this Agreement at any time. If the Client terminates the agreement their retainer will be forfeited and they may be held to pay any additional charges on work completed to that point if the work has exceeded the amount of the initial retainer.If the designer terminates the agreement the client will be charged for and given any work completed to that point with the agreed upon use licence. Any additional funds from the initial retainer shall be refunded.
8) MAINTANACE
After completion of a website project, maintenance is available and is charged by the minute. There is no hourly minimum. Please contact me for current rates. |