1. Final Work Delivery and License
Upon delivery of Services and Final Payment by the Client, the Designer will grant the Client an exclusive and perpetual License to the Final Work. The Designer can also provide Source Files for an additional fee outside of this scope fee.
2. Revisions and Scope
Revisions may be made only by the Designer at the Preliminary Work phase. Project quotes include 1 round of 10 small revisions unless specified otherwise. Additional fees will be charged based on hourly rate for revisions made after the included 1 round, and for additions to project scope.
3. Payment Terms
All Work over $250 will be initiated upon a 50% non-refundable deposit unless agreed by Client and Designer. Work under $250 will be initiated upon 100% upfront payment. Working hours are between 9:00am – 5:00pm on weekdays. After-hours work will have a 100% surcharge. Rush work during typical office hours with a deadline under 24 hours will have a 50% surcharge. Grant of copyright is conditioned upon receipt of final payment, and upon Client’s compliance with the terms of this agreement.
In the event that delays of 2 weeks or more occur, which are not due to any act of default on the part of the Designer, the Designer reserves the right to require progress payments for the remaining duration of the project. The Designer reserves the right to consider project inactive and bill for work completed after four weeks of Client unresponsiveness. Projects put on Client hold for more than 4 weeks will be considered inactive and billed for work completed. Should the Client wish to restart the project, a restart fee will be charged.
In the event of Cancellation, the Designer will be compensated for services performed through the date of cancellation in the amount of a prorated portion of the fees due. Upon cancellation all rights to the Work revert to the Designer and all original art must be returned, including sketches, comps, or other preliminary materials.
6. Credits and Promotion
Designer reserves the right to include the completed Work in their portfolio.
7. Preliminary Works
Designer retains all rights in and to all Native Files and Preliminary Designs. Client shall return all unused Preliminary Work to Designer within 30 days of completion of the project and all rights in and to any Preliminary Work and/or Source Files shall remain the exclusive property of Designer unless agreed otherwise.
8. Permissions and Releases
The Client agrees to indemnify and hold the Designer harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by a writing agreed upon by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/ or binding arbitration through the Australian Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of Queensland and courts of such state shall have exclusive jurisdiction and venue.