Agreement Terms
For the purposes of this document Client refers to {client_name} and Designer refers to Align Graphic Design.
You agree to pay Align Graphic Design for work completed as laid out in this Agreement.
In consideration of the Services to be performed by Align Graphic Design, LLC, Client shall pay to Designer fees in the amounts and according to the payment schedule set forth in this Agreement, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.
You will own the work that Align Graphic Design creates for you to use as you see fit, but we retain ownership to the source design files unless release of these files is part of our agreement.
Once project fee is paid in full to Align Graphic Design, LLC any elements of text, graphics, photos, contents, trademarks, or other artwork furnished to {client_name} for inclusion in website are owned by {client_name} for their use. Source design files will remain under the ownership of Align Graphic Design, LLC unless explicitly released to the client in the deliverables mentioned in this Agreement.
You must have the rights to use any materials provided to Align Graphic Design to complete this project, if you give us materials without rights to use, we won't be held responsible, and you'll have to make sure we don't get in trouble.
Graphic Design, LLC assumes {client_name} has permission from the rightful owner to use any images or design elements that are provided by {client_name} for inclusion in the final logo, and will hold harmless, protect, and defend Align Graphic Design, LLC from any claim or suit arising from the use of such elements.
We can use anything we create for you in showcasing our work and business capabilities.
Align Graphic Design, LLC retains the right to display graphics and other design elements as examples of their work in their portfolio, their business Facebook page and as content features in other projects.
If this project requires more work than is laid out in this Agreement, you'll be obligated to pay our hourly rate of $70/hour for the additional work, or $100/hour for rush services.
Unless otherwise provided in this Agreement, and except as otherwise provided for herein, Client shall pay additional charges for changes requested which are outside the scope of services on a time and materials basis, at the Designer’s standard hourly rate of 70$ per hour, and rush hourly rate of $100 per hour. Such charges shall be in addition to all other amounts payable under the Agreement, despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadlines in the Agreement and Deliverables as may be required by such Changes.
We'll do our best to complete the work laid out in this Agreement in a timely and professional manner. It is your duty to let us know within a reasonable timeline if you need edits or changes made to the work we deliver.
Designer will prioritize performance of the Services as may be necessary or as identified in this Agreement, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Agreement. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Designer. The Designer shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Designer’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Agreement and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Designer’s obligations under this Agreement.
If anything we deliver needs to be tested, you'll have 5 days to tell us if there is anything wrong with the tested products delivered.
Designer will exercise commercially reasonable efforts to test Deliverables requiring testing and make all necessary corrections prior to providing Deliverables to Client. Client, within five (5) business days of receipt of each Deliverable, shall notify Designer, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Agreement, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Designer will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client, the Deliverable shall be deemed accepted.
We'll do our work well, and the work delivered will be original work. If not created from scratch in our studio, we promise to have the rights to use any materials included in your final deliverables.
Designer hereby represents, warrants and covenants to Client that Designer will provide the Services identified in the Agreement in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services. Designer further represents, warrants and covenants to Client that (i) except for Third Party Materials and Client Content, the Final Deliverables shall be the original work of Designer and/or its independent contractors, (ii) in the event that the Final Deliverables include the work of independent contractors commissioned for the Project by Designer, Designer shall have secure Agreements from such contractors granting all necessary rights, title, and interest in and to the Final Deliverables sufficient for Designer to grant the intellectual property rights provided in this Agreement, and (iii) to the best of Designer’s knowledge, the Final Art provided by Designer and Designer’s subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties. In the event Client or third parties modify or otherwise use the Deliverables outside of the scope or for any purpose not identified in this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of Designer shall be void.
We are not your employee.
Designer is an independent contractor, not an employee of Client or any company affiliated with Client. Designer shall provide the Services under the general direction of Client, but Designer shall determine, in Designer’s sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement.
We're all free to see other people.
The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Designer.
If things don't work out between us, you'll still be responsible to pay Align Graphic Design for any work completed up to the point of our break up.
In the event of termination, Designer shall be compensated for the Services performed pursuant to this Agreement through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Designer or Independent Contractors hired by the Designer as of the date of termination, whichever is greater. The Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation.
Things are official once you sign this Agreement. While your signature will be digital, we'll consider this document to have been signed in New Hampshire.
This agreement becomes effective only when signed by agents of {client_name} and Align Graphic Design, LLC. Regardless of the place of signing of this Agreement, {client_name} agrees that for purposes of venue, this contract was entered into in New Hampshire and any dispute will be litigated or arbitrated in New Hampshire.
This is our Agreement.
This document constitutes the sole Agreement between {client_name} and Align Graphic Design, LLC regarding all items included in the Investment, Payment Schedule and Terms and Conditions sections herein.