TERMS OF SERVICE
“Designer” - refers to QRaphics Design and its personnel
“Client” - refers to the Company or Organization and their authorized signatory
“Project” - refers to the scope of service specified for Client
“Change Requests - Client changes requested outside the scope of this contract
Summary
At QRaphic Designs our goal is to fulfill our Clients’ needs and concepts, and to assure the greatest level of service. We know that a written agreement defines the roles of both parties with the intent to meet expectations and achieve positive outcomes.
Putting these goals in writing seeks to avoid misunderstandings or confusion throughout the process from beginning to end. We strive to write with the least number of convoluted legal terms or unreadable text to ensure that both parties understand the agreement for proposed services.
Design
Designer will produce the look, feel, layout and functionality of Client’s QRaphic once Client has submitted all digital copies of vector files for logo and/or branding. The Client is expected to describe the desired outcome in pre-development meetings. This contract includes one main QRaphic Design inspired by Client’s original concepts and interpreted to the best of Designer’s ability allowing for the opportunity for Client to make up to three rounds of revisions at no additional charge.
Designer will provide Client with a Project quote for a complete QRaphic Design. If the Designer is hired as a salaried independent contractor, the cost of QRaphic development and maintenance will be quoted on a case-by-case basis.
As a QRaphic Designer, our digital products stand out from many design firms not only in our creativity, but in our efforts to make certain that your QRaphic will read and respond across all current platforms.
Images
Client will supply Designer photographs and or images in digital format reflecting Client’s branding. The QRaphic will be designed based on the imaging provided by the Client. If Client would like the Designer to create an image for the QRaphic, those services will be billed separately on an hourly basis.
Changes & Revisions
The Project Contract provided in this document is amendable in writing by both parties with Client agreeing to additional costs associated with those changes. If Client requires work outside the scope of this Project Contract, Designer will work with Client to estimate additional time for expanding the Project. These Change Requests may include a need to add or subtract details, or even add new graphic design functionality and content, technical support and other tasks as agreed upon by both parties.
Designer requires that all Change Requests are in writing via email so that both parties have a written record, making it possible for Designer to track and implement changes effectively and efficiently without confusion or misunderstanding. Designer reasonably ensures a 24-hour response to those requests. Implementation timeline may vary depending on the extent of Clients’ Change Request(s).
If additional changes exceed the initial Project pricing agreed to in this contract, Client may either cancel with conditions (see “Cancellation” paragraph for details) or continue to commission Designer to make further design revisions at additional costs.
Hours of Normal Business Operations
Designer works a six (6) hour workday Monday through Friday between the hours of 9:00am and 4:00pm Pacific Standard Time. Change Requests needed outside those days and times can be implemented. (*See Fee Schedule for our current rates).
Independent Contractor
Projects that require more attention from Designer for maintenance and occasional revisions can be accomplished by hiring Designer as an Independent Contractor following the Fee Schedule as outlined above.
Technical Support for QR Dashboard
Client may already have a QR Generator service in place. If this is not the case, Designer can set up an account for Client at one of our preferred, third-party QR Generator service providers. Client will be charged a one-off fee for setting up and transferring their new Dashboard to Client and will include training on how to use their dashboard to redirect their QRaphic design whenever they need.
If Client requires help with anything beyond the design and development of Client’s QRaphic, Designer will review the extent of Client’s needs and together and if willing, go forward in determining which fee structure will best serve the both Designer and Client. If requests are beyond the technical offerings of Designer and outside the scope of QRaphic Design offerings, Designer will endeavor to refer Client to those who provide the services they seek.
Both Parties Agree
Client attests that they have the power and authority to enter into this contract on behalf of Client’s business, company or organization. Client agrees to provide everything that the Designer needs to complete the Project in a timely manner - including concepts based on what the Client envisions in terms of content and look. Client also agrees to provide Designer with images, spec sheets, branding colors and other information, as and when, Designer needs it and, in the format, that Designer requests.
Client agrees to review Designer’s work, provide feedback and sign-off approval in a timely manner. Deadlines work two ways, and the Client will be mutually bound by any dates set forth by both parties. Client also agrees to adhere to the payment schedule set out in the Payments & Preferred Methods section of this contract.
Designer has the experience and ability to perform the services Client needs as defined by the Project language and agrees to carry them out in a professional and timely manner. Designer will strive to meet all deadlines mutually set forth by both parties, but Designer cannot be responsible for a missed launch date or deadline if Client has been late in supplying digital materials or has not approved or signed off work on-time at any stage of the Project.
Legal Provisions
Designer cannot guarantee that the functions contained in a completed design will always be error-free and as such Designer cannot be liable to Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of, or inability to, properly print or display this QRaphic Design in a manner that is inconsistent with its intended use, even if Client has advised Designer of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyrights
Client guarantees to Designer that any elements of text, graphics, photos, designs, trademarks, logos or other artwork that Client digitally provides to the Designer for inclusion in any and all designs are either owned by Client, or that Client has express written permission by the owner of the medium to use them and will present that permission signed by the owner(s).
Once Client has made the final payment, any and all copyright material (if available) is automatically assigned. Client will then own the graphics and other visual elements that Designer created for Client for this project. Designer will give Client a copy of all files and Client should store them safely as Designer is not required to keep them or provide any native source files that Designer used in making them.
Client will then own text content, photographs and other data Client provided, unless someone else owns them. To showcase our work and share what Designer has designed for previous Clients, Designer also reserves the right to display and link to Client’s completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about QRaphic design and concepts.
Client is responsible for the submission and associated costs of any and all filings and fees to formalize the copyright process with the U.S. Copyright Office of the federal government if copyrights are needed for any custom graphics such as logos.
Payments & Preferred Methods
Designer is a small firm, and we are confident that our Clients understand how important it is to receive prompt payment on all invoices sent by Designer to Client. To avoid confusion, we are defining our payment policies as follows:
LATE FEES: A $75 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice.
We use an online business account and invoices will be sent to your email in the form of an electronic invoice that arrives in your email inbox and can be paid directly using a debit or credit card. Simply open the PayPal e-invoice in your email and click “Pay Invoice” in the upper left corner.
Expenses
Client will be responsible for reimbursement of all expenses to Designer arising from this Project, which may include payment of sales tax due, and agree to pay in advance for any and all anticipated costs, including but not limited to Stock Photography, Artwork, printing of PROOFS and or material needed for the Project.
Changes
Client must assume that all Change Requests – including, but not limited to - additions, alterations, changes in content, layout or processes requested, will alter the time and cost of the Project during the design phase. Newly generated estimates to go forward with this Project may be required at that time.
Restating the declaration in the above section in this document titled Copyrights, Client warrants that they hold proper copyright or license to all files provided the Designer for inclusion in the contracted designs and therefore Designer is released from all liability for any accidental copyright or trademark infringement. The Client is responsible for all copy, content and designs.
If infringement has occurred resulting from the Client’s oversight and changes are required in order to conform to copyright laws, Designer affirms that responsibility lies with the Client for errors in copy or design and that any costs incurred to make the necessary corrections will be borne entirely by the Client.
Intellectual Property Provisions
The Designer retains ownership of all original artwork designed by our firm, whether preliminary or final, and the Client shall return such artwork within 30 days of use unless indicated otherwise below. If transfer of ownership of all rights is desired, the rates may be increased. If the Client wants the ownership of the rights to a specific design or concept, these may be purchased at any time for a recalculation of the hourly rate on the time billed or the entire project cost.
The copyright for final graphics will be transferred to Client when payment in full is received. Vector design files are deliverable to the Client for QRaphics designed in full by the Designer, unless otherwise agreed to at the start of the Project. Designer will retain license to use any designs produced for portfolio, promotion, advertising, or award submission purposes, whether in print, online, photographic or digital formats, and may add the Client’s name to the public Client list. The Designer appreciates being sent a copy of any design printed by the Client.
The Designer warrants and represents that, to the best of the firm’s knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original, or - if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter.
This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.
Cancellation
In the event of cancellation of this Project, ownership of all copyrights original content and graphics shall be retained by the Designer. If the Project is in progress a cancellation fee for work completed, and expenses already incurred, will be billed to the Client on demand and payment will be due within 10 days of invoice receipt. Our fee is based on the hours invested at the time of the cancellation in addition to a flat fee of $250 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater. If the Project is completed and rejected, a 100% Project fee is due whether delivered to the Client or not.
Non-Transferrable
This Agreement in non-transferable. Client may not assign this contract to anyone else without our permission. This contract stays in place until the Project is complete and paid in full, or at such time that one or both parties has Cancelled this Agreement. If for some reason, one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Acceptance of Terms
Signatures of both Designer & Client below creates a binding contract unless otherwise severed in writing, agreed upon and signed by both parties.
*One-hour minimum fee is required for all Change Requests*
Copyright © 2024 QRD Design - All Rights Reserved.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.