I will always do my best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this agreement you won't find complicated legal terms or large passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I do want what's best for the safety of both parties, now and in the future.
You, the client are hiring me, KP Creative to complete a design for you as per our corospondence, for the estimated total price quoted. Of course it's a little more complicated, but I'll get to that.
Nature of a contract with KPC
Before entering into this agreement may it be known that although I do my best to meet the goals as stipulated on the job sheet, studying is my top priority, and in the unlikely event that the project goes overtime, or is postponed by either you or unforeseeable circumstances which causes conflict between the new schedule and meeting study demands, these study duties will occasionally need to take precedence over KP Creative jobs. If this is the case, I will be honest and upfront with these demands and work with you to arrange a new schedule.
In the exceptional event of the project being unable to be completed by me due to unforeseeable reasons, you will be notified as quickly as possible and a solution agreed upon between both parties. If no such agreement is reached, you will pay me in full for all of the work produced until that point and where possible, you will also be supplied with all of your native project files so that you may continue your project elsewhere.
What do both parties agree to do?
As my customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I require. You agree to review my work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways, and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule below.
I have the experience and ability to perform the services you need from me and will do my best to carry them out in a timely manner, reflecting both the schedule and the previous clause. Along the way I will endeavor to meet all the deadlines set but will not be held responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage during the process. On top of this, I will maintain the confidentiality of any information that you give me.
Getting down to the nitty gritty
I will create designs as per your project requirements. If unspecified, this contract includes at least four rough sketches (for logos) or up to two sketches for larger concepts (posters etc), one of which can move ahead to the comprehensive layout stage, and through to finalisation, plus the opportunity for you to make up to two rounds of revisions on the final project. Revisions are to be minor in nature, such as: colour, placement of objects, text alterations, and do not include major changes to the body of work. If you're not happy with the designs at this stage, you will pay me in full for all of the work produced until that point, and you may either cancel this contract or continue to commission me to make further designs and/or revisions at the hourly rate set out in the original estimate.
I’m not responsible for editing, writing or inputting any text copy unless specified in the original estimate. I'll be happy to help though, and in addition to the estimate you will be billed accordingly per hour of copy writing or content input. Though I try my best to write to the highest standard, I’m only human, and not responsible for the final editing or proofing of any copy, and will not be held responsible for any errors once the project is signed off by you.
You will supply me any required photographs in digital format, at a resolution high enough for the required project (pretty much, the bigger, the better!) If you choose to buy stock photographs I can suggest vendors of stock photography. Any time I spend searching for appropriate photographs will be billed accordingly.
Changes and revisions
I know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. I don't want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices are based on the number of hours/days that I estimate I'll need to accomplish everything that you have told me you want to achieve. If you do want to change your mind, add extra pages, templates or even add new functionality, that won't be a problem. You will be charged the hourly rate set out in the estimate I gave you. Along the way I might ask you to put requests in writing so I can keep track of changes. Please note, “an estimate" is just that - an estimate only, and I reserve the right to amend the final bill where something turns out to be much more complicated than originally anticipated. I shall keep you up to date about any increases in the fees due to complications.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to me that any elements of text, fonts, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the project are either owned by your good selves, or that you have permission to use them.
If you choose to use any outsourced elements of text, fonts, graphics, photos, designs, trademarks, or other artwork in your project, as suggested by me or otherwise, you are required to seek the permission of the artist for your own usage, and I will not be held responsible for any copyright infringements relating to any of the elements supplied by you.
When I receive your final payment, copyright is automatically assigned as follows:
You own the final graphics and other visual elements that I create for you for this project, and I will not use any part of them for any other project unless requested by you. I will give you a copy of the final flattened/expanded files and you should store them safely as I am not required to keep them or provide any native source files that I used in making them after the completion of the project.
You also own text content, photographs and other data you provided, unless someone else owns them. I own all of my intellectual property in my files and because of this, do not give out native files unless specifically requested in writing. I reserve both the right to be identified as the author of the work as per NZ copyright legislation, section 94 and the right not to be identified, as per NZ copyright legislation, section 104. I will inform you accordingly.
I love to share what I have done with other people, so I also reserve the right to display and link to your completed project, once it has been launched, as part of my portfolio and to write about the project on websites, in magazine articles and in books about design, and to apply for awards, unless specifically requested otherwise in writing. If for some reason your project does not launch after six months of the job completion, I reserve the rights to use the work in my portfolio as an example of my work, unless specifically requested to hold off for a certain period.
I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I’m also sure you'll want to stay friends, you agree to stick tight to the following payment schedule.
Full payment must be made within 10 working days of receiving the invoice, which is emailed to the address supplied by you. Any invoices outstanding will accrue an interest of 10% per week. You will be notified of this interest per week.
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this agreement to anyone else without my 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 stay in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of New Zealand courts. Oh and don't forget those men with big dogs.
If you wish for a copy of this agreement, please just ask, I’ll be happy to send you one.