Terms & Agreement Definitions: The client shall mean and refer to you, your(s). The designer shall mean and refer to ILLmaginable Designs as I, my, me. Logos are copy written, not licensed.

 

Logos: If you will be displaying your logo and/or artwork in your website, a link must be placed crediting the designer, regardless of print or ownership license. This link shall not be removed by the site owner or third party without express and written permission. Those found in violation, will have their print/ownership revoked for violating of this contract.Editing the logo or illustration is strictly prohibited. That includes but not limited to edit through any type of software which distorts or changes the artwork from its original state or any edited artwork by anyone else except the designer, is subject to copyright infringement, and will be asked to be taken down. You are not allowed to provide the artwork to another designer, unless prior arrangements have been made. All artwork rendered will be displayed in the designer’s portfolio as reference. All artwork not chosen by the client, remain property of the designer. Any concepts provided by the client, remain their property.Any concepts, ideas, color schemes that the designer created is the property of the designer and the client agrees to a non-disclosure agreement for idea submission. Any prototypes submitted to the client by the designer, that are submitted to another undisclosed their party designer, for the purposes of re-creating, derivation or publication of another artwork similar to the one rendered by the designer, is subject to copyright infringement and will be prosecuted to the full extent of the law.

 

Time Frame and Turnaround:The designer turnaround is approximately 1 week for logos, and 3 weeks for web site designs, once content is received. Revisions delay completion of any project and are subject to the designer’s schedule. However if you need artwork/design/printing before that time frame, the fees will doubles. The revision process can and will delay completion. Any projects not finished within 30 days due to no-fault of the designer shall incur a fee at the discretion of the designer.

 

Communication/Business Hours:  The designer is available during the weekends and evenings only. During the design process, the designer expects to have communication with you either by email, in person, or phone. You may contact the designer by phone during evening hours only. Changes or any project specifications will not be taken by phone. An email must be generated to create a hard copy for the designer.

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Cancellations: There are no refunds upon cancellation. Upon cancellation, all rights to the artwork revert to the Designer and all original artwork must be returned, including proofs, sketches, or other preliminary materials. Defaulting on payment schedule will cancel all work. This contract is non-negotiable. All contracts shall be mailed, faxed, or emailed w/electronic signature along with date of payment in order for work to begin, as agreed upon first consultation of project.

 

Licensing: The license means you are granted permission to use an agreed upon image for a specific business venture or personal use. Each license is unique to meet the requirements of the licensee. Any work that is found abandoned, licensed or not, the ownership will return to the designer. License agreements are non-transferable. Any work found used or on someone else’s web site other than the client will be subject of copyright infringement. Reselling your business does not entitle the new owner to the artwork. They would have to purchase a new licensing agreement with the designer. All work rendered by the designer falls under licensed work. You may buy out the designer for a royalty fee or a flat fee at the discretion of the designer.All work rendered by the designer is considered licensed, with the exception of logo artwork. All licensed artwork is the property of the designer. All other work completed on a web site generated format will be deleted upon cancellation of web site as well as artwork.

 

Revisions/Revision Requests: Revisions are any modification, alterations, or changes done to your logo, artwork, or site that will alter its original state, either in a digital format of prior to printing. All logos have 3 revisions. Web sites have 5 revisions. (See Designer web site). If you need more revision, a fee at the discretion of the designer will apply. This is non-negotiable and revisions will not be made unless this fee is paid. Cancel the work and you will not be entitled to any refunds. Business card/postcard/letterhead/hand tag has 3 revisions. Layouts of business card/postcard/letterhead/hand tag will be chosen by the designer based on the design. Any misspelling errors due to no fault of the designer will incur a fee and upon printing a separate proofing contract will be signed.

 

Requests: If the client emails the designer 3 modification requests in one email, the designer will count it as one revision request. If the client emails the designer 100 modification requests in one email, the designer counts it as one revision. All revision requests must be emailed. All emails following the request will be considered as a separate revision request and it will be treated as such, no exceptions. NOTE: Keeping your requests together will save the client and the designer time.

 

Extra Work:  Any and all extra work will be discussed prior to agreement, outlined, estimated, amended and agreed upon and paid in full before rendering the work. Copyrighting is a separate fee and must be agreed upon before the work begins. Meaning if any licensed artwork is purchased separate from this contract, copyrighting is a separate fee and must be agreed upon before work begins.

 

Indemnification: The clients agrees to indemnify the designer from any penalty, legal fees and damages occurring from any lawsuit or claim of copyright infringement from any third party including but not limited to damages, costs, expenses, and attorneys’ fees, incurred by reason of any breach of the clients’ warranties provided herein; or any acts or omissions of the client, it agents, contractors, or employees, arising out of this agreement. If any action or proceeding is brought against the designer by reason of any such claim, the client (upon notice by designer) shall defend the same at agency’s expense by counsel reasonably acceptable to designer.  Any matter needing legal attention will be forwarded to the designer’s attorney. His contact information will be provided upon request. Any and all matter will be litigated in the State of Michigan.  

 

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