I will always do my best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. I have no desire to trick you into something that you might later regret. What we do want is what’s best for both parties, now and in the future.So in short;You (the client), are hiring me (Saranna Elford, Graphic Designer) for agreed upon Graphic Design and Marketing Services, for the estimated total price as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.Me: I have the experience and ability to do everything we’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give me.
Getting down to the nitty gritty
I create look-and-feel designs, and flexible layouts according to the brief given.If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.Hourly Rate
My hourly rate is $60 an hour and is not negotiable for any reason.Estimated Work
Projects are estimated strictly based upon the the hours it will take to execute the agreed upon project and do not include any additional work outside of the original brief. An estimate can be provided for any extra services you may require.Monthly PlansYou also use my services for an agreed upon number of hours per month, with an invoice issued when agreed monetary limit is reached (e.g. $300 per month for 5 hours graphic design services). Please contact me to discuss your options.
I am not responsible for writing any text copy to any graphic design or web design work unless specified and agreed upon. All provided text must be correct and finalised before submission.If you’d like me to write new content 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, we can provide a separate estimate for that.
Changes and revisions
All estimates include strictly three sets of changes only, after which each change is charged at my standard rate of $60 an hour.I know from experience that fixed-price contracts are rarely beneficial to you, as they often 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 we’ll need to accomplish everything you’ve told us you want to achieve, 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.It is the clients responsibility to ensure that ALL proofs are checked for typographical, pictorial or other such errors. If you require a proofreading service, I can provide you with an estimate or recommend trusted services. NO RESPONSIBILITY will be taken by Saranna Elford after the artwork is approved for errors of any kind.
We can’t guarantee that our work will be error-free and so we 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 us 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.Whew.
First, you guarantee that all elements of text, images 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 own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule as outlined on your invoice.Notices sent for overdue accounts will include a Late Payment Fee of $50 per notice. Please contact me if you are having difficultly paying to discuss your options.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without our 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, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Australian courts.Oh and don’t forget those men with big dogs.
attributed to http://24ways.org/2008/contract-killer/