Additional Changes Not Included In Estimated Cost:
The Client understands that the estimate cost may not be applicable if additional changes or features have been introduced during the project and approved by the Client. The Client agrees, that if changes are made or other work and design fees that were not covered by in the original estimated cost invoice, to pay in full a separate invoice with the additional costs.
Third Party Content:
Clients are welcome to provide photos or purchase royalty-free (stock) images provided that they are responsible for complying with license agreement(s) and photography copyrights and does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. The Client grants Divine Design Graphics a non exclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with the work for them under this Agreement and their limited promotional uses as allowed by this Agreement. Neither the Designer nor Divine Design Graphics will be liable from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party provided by the Client. Client is responsible for complying with U.S. Copyright Law – even if the client lives outside the U.S. Failure to comply may result in legal action. The Client also affirms and represents that this Agreement does not conflict with any other contract, agreement or understanding to which they are a party.
Delays/Completion/Delivery of Project:
Any alteration or deviation from the original agreement, involving extra costs will be executed only upon approval with the Client. Any delay in the completion of the Project due to actions or negligence of client, unusual transportation delays, unforeseen illness/injury, third party delays, acts of God, or any other external forces beyond the control of the Designer, shall entitle Divine Design Graphics to extend the completion/delivery date, upon notifying the Client, by the time equivalent to the period of such delay.
Terms/Cancellation of Project:
This Agreement shall commence upon the Effective Date and shall remain effective until the Services are completed and delivered.
The Client shall not unreasonably withhold acceptance of, or payment for the project. If, prior to completion of the Project, the Client observes any nonconformance with the design plan, the Designer must be promptly notified, allowing for necessary corrections. 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. All elements of the project must then be returned to the Designer. Any usage by the Client of those design elements will result in appropriate legal action. The Client shall bear all costs, expenses, and legal fees in any action brought to recover payment under this contract. Client will have the right to terminate this Agreement if the Designer at Divine Design Graphics fails to complete the Project within 60 days of the signing of this Agreement or if, through illness or injury, or events beyond her control, it causes a delay of more than 60 days from the agreed delivery date. The Client understands that they cannot claim any additional expenses, or damages based on the failure of the Designer at Divine Design Graphics to complete the project.
Client acknowledges that they shall be responsible for performing the following in a reasonable and timely manner:
(a) coordination of any decision-making with third parties other than the Designer;
(b) provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Estimated Cost;
(c) approving design artwork and changes in a timely manner to stay on track with the completion date; and
(d) final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, problems with the photo quality and/or layout remain in the finished product, Client shall incur the cost of correcting such errors. We will however, gladly compensate the Client, upon return within 10 days, if the Deliverables are defective.
Ownership Rights/Reproduction of Work:
Rights For Logos:
Logo ownership rights are transferred to the Client upon final full payment for the completed project. The designer at Divine Design Graphics owns all of the concepts/preliminary designs created before the Client selects the final design(s), except for elements in those concepts that are incorporated into the final design(s) that are deliver to the Client. Final files includes: EPS or AI, PSD, JPG and PNG in print and web resolution. The Client assumes full reproduction rights in all media forms without restrictions of any kind.
Please understand that it is up to the Client to copyright the logo (http://www.copyright.gov) after final payment. lt is also up to you to do a trademark search and federal trademark registration if you want to register your logo as your company trademark. (Start here to learn more about trademarks: http://www.uspto.gov/main/trademarks.htm )
Ownership Rights For All Other Designs:
For any non-logo design(s) that we create for you, Divine Design Graphics gives you the following rights:
Divine Design Graphics hereby grants to the Client the exclusive, perpetual and worldwide right and license to use: For ____ print, ____ online/interactive, and/or____ three-dimensional media. The rights granted to Client are for usage of the Final Art in its original form only. Client may not alter, crop, distort, manipulate, reconfigure, mimic, animate, share, or create derivative works or extract portions or in any other manner, the Final Art. If you want to purchase a right that’s not listed in this paragraph, we can negotiate a separate license for such additional rights, for a separate fee.
The Designer at Divine Design Graphics retains ownership rights of all original artwork, in any media, including digital files, whether preliminary or final for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. Where applicable the Client will be given any necessary credit for usage of the Project elements.
Your personal information and any information you share with me is confidential, kept private and will never be shared with third parties.
All rights are reserved. This website and its entire contents, including but not limited to all artwork, design and text is protected under the United States and International Copyright Laws. No material of this website may be reproduced electronically or in print, or distributed without the expressed written consent of Divine Design Graphics. Under no circumstances may any graphics or pictures be duplicated for use on another web page, either by downloading from the website(s) during the period of time it is posted online or from any other page on the Divine Design Graphics web site, or by duplicating from the email of the proof provided to the customer in the proofing stage. Use of any of these components for any other purpose is expressly prohibited.