These terms and conditions outline how I (Peter J. Coleman/Professional Impact) and you (my client) will work together.
The vast majority of design projects run smoothly, without any problems. However, from time to time, something does come up, and it’s important that we both have an understanding of how best to deal with it. These terms and conditions are designed to ensure that we’re both protected from any unexpected circumstances. It also lays out the basic groundwork for how the project will progress, and what’s expected of us both. In the interests of saving a lot of headaches, this document contains the strict minimum of legal jargon required to still be legally enforceable.
By accepting a quote, you are considered to have accepted these terms and conditions in full.
What do both parties agree to do?
You agree that:
You have the authority to enter into this contract on behalf of yourself, your company or your organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You’ll review my work and provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by any dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
I agree that:
I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way I will endeavour to meet all the deadlines set but I can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off my work on-time at any stage. On top of this I will also maintain the confidentiality of any information that you give me.
Project Delivery Dates
If there is a hard deadline for your project, you must communicate it clearly up front before payment is made. It is always my intention to complete your project on time. Revisions and your response times play a major role in the amount of time it takes to complete your project. Therefore, the project completion date I give you is not a guarantee.
This contract allows for a set number of revisions as stated in the estimate. If, at any stage, you’re not happy with the direction the work is taking, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.
I’m not responsible for writing or editing any text copy unless specified in the original estimate. If you’d like me to write new content or edit text for you, I can provide a separate estimate for that.
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that. If you need any advice on these formats I’m always happy to help.
Changes and revisions
All changes and revisions will need written approval in some form. If changes are given via a phone call, they will need to be confirmed in writing in an email and given the ok.
Experience shows that fixed-price contracts aren’t always beneficial to you, as they can limit you to your earliest ideas. I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time I estimate I’ll need to accomplish everything you’ve told me you want to achieve plus a few revisions. But I’m happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem, as I’ll provide a separate estimate for that.
Making the most of changes and revisions:
You must be specific with your feedback. If you are requesting revisions, it is most effective to offer examples of colours, fonts, images and sites you like. Excessive revisions, tweaks and miscellaneous changes are subject to additional charges at my discretion.
Errors in text or formatting that I have introduced into your content will be fixed for free. However, any other edits such as typo/grammatical errors/wording changes carried over from the original copy may be subject to additional charges.
I am not responsible for revisions or updates to a project once the final agreed upon deliverable has been sent. If additional design, coding, or edits associated with this project are needed, a new project agreement will be created.
NOTE: Once you approve a design, it’s considered final.
Final means I’m happy to make changes should you request them, but all changes will be quoted and billed separately.
Be sure to proof read carefully before approving the final design.
Should something happen for any reason whatsoever that causes you to cancel this project once it has begun, you are completely free to do so. You will simply be billed for any work completed up to the point of cancellation, and I will send you any work completed up to that point.
I can’t guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
First, you guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll have the license to use the elements that I create for this project. I’ll send you source files and finished files and you should keep them somewhere safe as I’m not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
I’ll own the unique combination of these elements that constitutes a complete design and I’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. This basically just means that you can’t take the design I made for you and sell it for profit yourself unless agreed in writing.
All works I create are licensed to you and cannot be sold on for profit unless otherwise agreed. This includes merchandise.
I love to show off my work and share what I’ve learned with other people, so I reserve the right, unless you specifically ask me not to, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles, on video and share across social media with the intention of promoting my services to secure additional work. I reserve the right to enter into a business relationship with any third party I may meet during the creative process regardless of whether they are a direct contact of yourself or otherwise. If you introduce me to someone directly then we can arrange an introductory percentage of the overall cost – this can be discussed and I reserve the right to action this.
Rights of Refusal
I will not include in designs, text, images or other data anything which I deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. I also reserve the right to refuse to include submitted material without giving reason.
I’m sure you understand how important it is as a sole trader that you pay the invoices that I send you promptly. Therefore, you agree to stick to the following payment schedule:
50% deposit paid up front. Work will only commence once this is received in full.
50% remainder is payable on completion after receipt of finished product and invoice.
The small print
You can’t transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, this contract is a legal document.