These are the main points of our contract, which must be signed to begin work. Feel free to review these terms so you're familiar with them before we meet.
Payment:
A non-refundable deposit in an amount equal to 20% of the total estimated cost is requested prior to execution of the project. The next two billings will take place at the 60% completion point and 100% completion point.
Payment Methods:
Payment can be made by check/mail, or Designer can arrange for an online payment where the Client may use their credit card or bank transfer. Please note that to make an online payment there is a $10 Convenience Fee. (Convenience Fee does not apply to Initial Deposit.)
Reproduction/Ownership of Rights:
The Designer retains personal rights to use the completed project(s) and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the Designer's business. Where applicable the Client will be given any necessary credit for usage of the project elements. Websites created by Designs By Bo will say: “this site was created by: designsbybo.com” (small and at the bottom of the page).
Files:
Designer owns all files created by Designs By Bo. If applicable, Client may purchase a copy of the working files (Flash / Photoshop documents) for an agreed upon price accompanied by a signed agreement/contract. For website clients, HTML files will already be available to Client via FTP to his/her web domain.
Photography:
One time reproduction rights are granted to the Client for photos purchased. Wherever else photo is used appropriate credit must be given to Designs By Bo. Final product may be supplied in any image format and resolution the Client needs.
E-commerce:
In order to create a project that is e-commerce enabled, Client must have or get a merchant account via a third party credit card vendor, a bank, or through PayPal. Designer must have complete access to the Clients online merchant account.
Future Service:
Client is not obligated to contract further service from Designs By Bo, however, if Client choose to utilize the Designer's services for future web updates, Client agrees to pay for time spent at an agreed upon price or at the Designer's regular hourly rate. Unpaid balances are subject to monthly finance charges.
Rejection/Cancellation of Project:
The Client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the Client observes any nonconformance with the design plan, the Designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the Designer. Any usage by the Client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney's fees in any action brought to recover payment under this contract or in which Bo Nicole Hearst, Designs By Bo may become a party by reason of this contract.
Completion/Delivery of Project:
Completion of website projects may take anywhere from 1-2+ months, depending on revisions, feedback, and changes. Graphic design projects and Photography contracts must have at least one week's notice for deadline, or a rush fee will be incurred. Any alteration or deviation from the contract specifications involving extra costs (such as outsourced printing) will be executed only upon approval with the Client. Any delay in the completion of the project due to actions or negligence of Client, unusual delays, unforeseen illness, or external forces beyond the control of the Designer, shall entitle the Designer to extend the completion/delivery date, upon notifying the Client, by the time equivalent to the period of such delay. |