Terms
Blakice Media Group Client Contract
phone [312.895.4567]
e-mail [Whois@BlakiceMedia.com]
web [www.BlakiceMediaGroup.com]
Client:________________________________________________
Complete Address: ______________________________________
E-mail:________________________________________________
Phone Number: (___)____-_____(day) / (___)____-_____ (evening)
Current Date: __________________
Deadline Date:__________________
Graphic services contract
CONTRACT PROCESS
• During the first meeting, both the designer and client, must fully discuss the objective, contents, and terms and conditions of the entire project.
• Client must read and sign the graphic design contract agreement before any work can proceed.
CLIENT RESPONSIBILITIES AND CONDITIONS
• When appropriate, client must prepare and provide the contents of the project including text and graphic portions, such as pictures, logos, etc. in electronic format.
• Grammatical and spelling elements of the text are the sole responsibility of the client. The designer is NOT responsible for grammatical or spelling errors in any phase of the design process.
• Clients must obtain “model release forms” for portrait photography or portrait imagery of any kind. The designer has the right to terminate an order, or dismiss an order that infringes upon copyright or trademark laws. Plagiarism will not be tolerated in any aspect or under any circumstance.
• The client must continue to communicate with the designer until the project is completed and paid for. If the client has to warrant a “hiatus” for any reason (illness, personal reasons, etc.), the designer must be informed of the situation at hand. If projects are on a continued hiatus without communication, it will be the designer’s assumption that the project has ended, and an invoice will be mailed to the client with fees incurred up to that
point.
DESIGNER RESPONSIBILITIES
• Designer takes full responsibility to complete each project as outlined to the satisfaction of the client stated on this contract.
• The designer shall take reasonable precautions to safeguard original or other materials provided by the client. The designer shall, however, 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.
• When necessary, designer will work in close association with printing vendors in order to ensure professional and well-organized production materials.
CONFIDENTIALITY
All correspondence, documents, and pricing information provided will be treated as confidential between the client and the designer, unless consent has been granted to both parties involved.
MATERIALS PROVIDED BY CLIENT
(Final Date Due is predicated on receipt of all materials to be supplied by client)
Initial Version work starts after all materials are received. Due dates mentioned shall be delayed by the number of days by which the materials supplied by the client are late.
Graphic services contract
DESIGN PROCESS
The design process will include:
• Preliminary discussion
• Presentation of a maximum of 2 proofs
• Design process
• Presentation of designs and further discussion(s)
• Final revisions (up to 2 major/minor revisions)
• Final presentation
• Final approval (e-mail approval accepted)
• CD of final file(s) only (Concept art is the sole property of Blakice Media Group)
• (When applicable) Assembly of working art files for production at designated printing facilities
DESIGN PROCESS DETAILS
• Proofs & Revisions: Unless otherwise noted, client is entitled to (2) proofs/compositions of the design project initiated, and no more than (2) major and/or minor revisions of the entire project. Any increase in proofs/composition, or revisions, at any stage of the design process shall be subject to an additional charge.
• Final Artwork Approval Signature: Once all designs have been finalized, final proofs of each item will be sent to the client via email or home address. Designer must receive a final “approval” in the form of signature by the client in order to finalize the design process. A final proof signature by the client is needed to conclude projects, as well as to send any projects to printing vendors.
• Stock Image Search: When a stock image search is necessary, an additional fee will be added to the final invoice. However, the client must pay for all stock photography/illustrations during the design period and before the completion of the project.
• Writing/Editing: As stated previously, clients are responsible for ALL grammatical and spelling errors during any phase of the design process. If the client so chooses, a writer/editor can be provided at an additional fee. The client must present this request in writing.
PRINTING PROCESS DETAILS
• Print Vendors: When requested, Blakice Media Group can submit client files for print production for an additional fee. Print vendors can be recommended by the client, or designated by Blakice Media Group.
• Production Agreement Form: Before any design files can be sent out for print production, a “Production Agreement” form shall be provided by Blakice Media Group, and approved and signed by the client. This agreement includes details pertaining to the production process, including cost estimates for printing. Clients must pay the estimated production amount listed on the agreement in full within (10) days of receiving the agreement. Any delay in payment can/will further hinder print production and deadlines.
• Additional Print Fees: Any additional printing costs incurred due to client deviation from initial estimate requests (including paper and quantity alterations), will be included on the final invoice.
• Printing Errors: The client is ultimately responsible for reviewing and proofreading overall spelling, including the spelling of names (people and places), dates, places and grammar to make sure absolutely everything is correct. If an error is found after the design/order has been printed, the client is responsible for all reprinting, shipping, and rush fees.
PAYMENT
Blakice Media Group requires clients to pay 50% of the estimated price quote prior to the start of design work. Any failure to do so can hinder the design process, and the agreement can therefore be terminated at the designer’s will. See “Printing Process Details” for instructions on
payment for print production.
Final payment for projects is due before final artwork files will be submitted to the client or uploaded to the website. The client shall pay a service charge for all overdue amounts. Failure to do so could end in legal prosecution.
RUSH ORDERS
In the event that a client needs faster turn around time than normal, a rush fee will be added to the final invoice depending on the time and efforts spent in turn around time for the final project. The client must also pay rush fees that are incurred from printing vendors, if the design process warrants professional printing services.
Graphic services contract
DESCRIPTION OF ASSIGNMENT
Proof(s) to be supplied to client ___/___/____ (date)
Estimated completion of the project ___/___/____(date)
PRICE ESTIMATE
The following is an estimate for the design project discussed $__________
Amount Due at the signing of this agreement (50%) $____________
This fee is non-refundable once Blakice has started working on any portion on the design process. The fees and billable expenses shown are minimum expenses only. Final fees and billable expenses shall be shown when invoice is rendered. The client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate.
SHIPPING/PROJECT DELIVERY
The client will assume any shipping or insurance costs related to the project. If packages are mailed to and from printing vendors, the incurred cost will apply to the client’s final invoice statement.
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, the designer will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party. The client will also pay for shipping fees incurred under this arrangement.
Claims for defects, damages, or shortages must be made by the client in writing within a period of (5) days after delivery of all or any part of the order. Failure to make such a claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
DELAYS
Any delay in the completion of the project due to actions or negligence of client, unusual transportation 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.
OWNERSHIP OF ARTWORK
All designs, printed projects, artwork, specifications, and other visual presentation materials contained therein remain the property of Blakice Media Group. Blakice retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications, educational purposes, marketing materials and portfolio samples. When applicable, the client will be given any necessary credit for usage of the project elements. The client shall be entitled to use all designed and printed materials related to their specific project, only according to their intended purpose. Only under special circumstances, written and agreed upon by Blakice Media Group, can clients obtain full ownership of design and printed projects. Any use of artwork or collateral designed by Blakice Media Group, without full payment or reimbursement, is prohibited by law, and the client can be subject to legal action in violation of trademark and/or copyright laws.
RETURNS/REFUNDS
Custom design items cannot be returned nor refunded for any reason.
Blakice will refund or reprint any order when there has been a mistake on our part, and you contact us within 5 days from the date the product was received.
REJECTION/CANCELLATIONS
The client shall not unreasonably withhold acceptance of, or payment for, the project. 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. The first portion of payment will be deemed non-refundable. The client may also be charged a fee for each proof/comp submitted to the client to date. All elements of the project must then be returned to the designer (artwork, CDs, disks, proofs/comps, etc.). 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 Blakice Media Group may become a party by reason of this contract.
In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be returned and retained by Blakice Media Group, and a fee for work completed, based on the contract price, and expenses already incurred shall be paid by the client. If the client wishes to terminate the design process during any stage of creation, the first portion of payment is non-refundable. The client may also be charged a fee for each proof/comp submitted to the client.
ACCEPTANCE OF AGREEMENT
The above prices, specifications, and conditions are hereby accepted. The designer is authorized to execute the project as outlined in this agreement. Payment will be made as proposed in this agreement. This agreement is valid at the agreement to do business with Blakice and a 50% deposit is made. The client understands the above price quote is a minimum estimate, and prices can be raised if design projects are added to the order, if prospective projects increase in volume, size, or quantity, or if additional shipping or printing fees are incurred.
Client’s Signature______________________________________________________________________
Date________________________________
Designer Signature_____________________________________________________________________
Date________________________________