The Power of Design
All invoices are payable 50% at the beginning of each project and 50% upon completion in cash, cashier’s check, credit card, money order, or PayPal. The grant of any license or right of copyright is conditioned upon receipt of full payment.
Estimates
If this form is used for an estimate or project confirmation, the fees and expenses shown are minimal estimates only. This estimate does not include delivery and/or shipping charges, alterations after client approval or rush charges. Final fees and expenses shall be shown when invoice is given to the Client. Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10%.
Changes
Client shall be responsible for making additional payments for changes requested by Client on the original project. However, no additional payment shall be made for changes required to conform to the original project description. The Client shall offer Desktop Design West (DDW) the first opportunity to make any changes to the project. The Client further agrees to sign all drafts (hardcopy, faxed, emailed, or PDF) and/or other materials related to the completion of this project.
Client shall reimburse DDW for all expenses arising from this project, including the payment of any sales taxes due on this project, and shall advance $_____ to DDW for payment of said expenses.
Cancellation
In the event of cancellation of the project, ownership of all copyrights and the original artwork is retained by DDW and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the Client.
Ownership of Artwork
DDW retains ownership of all original artwork, whether preliminary or final, and the Client shall return such artwork within ten (10) days of use. The Client waives the right to challenge the validity of DDW’s ownership of the artwork, subject to this Agreement because of any change or evolution of the law.
Credit Lines
DDW and any other designers shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated here: ________ _____________________. Client further agrees to add the following credit line to their project: “Design by Desktop Design West (www.desktopdesignwest.com).
Client will indemnify DDW against all claims and expenses, including reasonable attorney’s fees, due to used for which no release was requested in writing or for uses which exceed the authority granted by a release.
Alterations
Any alteration of the original artwork, whether by addition, deletion, modification, or creating additional artwork, shall constitute “addition use” and will be billed accordingly.
Project Delays
DDW shall notify the Client of any anticipated delay in delivery. Should DDW fail to keep the contract through unreasonable delay or nonconformance with agreed specifications, it will be considered a breach of contract by DDW.
Exploratory Work
If exploratory work from a project are subsequently used for reproduction, DDW’s prior permission shall be secured and DDW shall receive fair additional payment. If exploratory work are bought from DDW with the intention or possibility that another artist will be assigned to do the finished work, this shall be in writing at the time of placing the order.
Any disputes in excess of $10,000 (maximum limit of small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final and judgment may be entered upon in any court having jurisdiction thereof. Client shall pay all arbitration and court costs, reasonable attorney’s fees , and legal interest on any award or judgment in favor of DDW.
Acceptance of Terms
The terms incorporate Article 2 of the Uniform Commercial Code. If the terms of this Agreement are not objected to within ten (10) days of receipt, the terms shall be deemed accepted by the Client. Code of Fair Practice The Client and DDW agree to comply with the provisions of the Code of Fair Practice, a copy of which may be obtained from the Joint Ethics Committee, P.O. Box 179, Grand Central Station, New York, NY 10017.