Terms & Coditions*
*These are default terms and conditions for all design and illustration work produced by Christen Cabe or Creative Commonground. Any modifications to these terms must be negotiated in writing on a case-by-case basis. Unless otherwise agreed upon, these are the usage terms that apply to all design work.
Copyright & Usage:
Unless otherwise agreed upon, the Designer retains the Copyright and authorship of all original artwork regardless of any transfer of usage or reproduction rights. The Designer transfers to the Client the right to use the final design for the purposes agreed upon in the Design Agreement. Reasonable efforts should be taken to maintain the integrity and appearance of the artwork for public consideration. The Client shall not distort, manipulate, reconfigure, extract portions, create derivative works, or in any other manner alter the final artwork without the Designer’s consent. The Designer does not retain any rights to reproduce or sell final artwork created for the Client to any other entity at any time. The Designer does not retain any right to use logo at any time, other than for uses requested by the Client for the purpose of the Project, and for self-promotion and portfolio usage.
Unless otherwise agreed upon, payment for finished work is due within thirty (30) days of invoice date. The grant of any license or right of Copyright to the Client is conditioned on receipt of full payment and upon Client’s compliance with the terms of the Design Agreement. A Late Fee of 20% of the remaining balance will be applied after each 30 days that final payment is late. Acceptable forms of payment are cash, credit card or check. Checks should be made payable to Creative Commonground.
Default in Payment:
The Client assumes responsibility for all collection of legal fees necessitated by default in payment.
The fees and expenses in the Design Agreement minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by twenty percent (20%) or more. The Project may be re-estimated if, upon receipt of all Project elements, the Designer determines that the requirements of the Project have been altered significantly from the originally agreed upon description. Printing and production fees will be estimated separately and payment arrangements made between the Client and printer or third-party business.
The Client shall be responsible for making additional payments at a rate of $60/hour for changes requested by the Client in the original assignment description. This includes requests reflecting a new direction to the assignment, or new conceptual input. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Designer the first opportunity to make said changes and to extend due dates accordingly.
The Client shall reimburse the Designer for all expenses arising from the assignment, including the payment of any sales taxes due. The Client shall reimburse the Designer for all direct and indirect billable expenses arising from the assignment, regardless of whether the assignment is Cancelled or Terminated. Billable Expenses include but are not limited to costs of subcontracting talent, third-party services, stock imagery, software or run-time license costs, the payment of any sales tax due, travel, research, postage and delivery, photocopying, and storage media expenses.
The Client shall not unreasonably withhold acceptance of or payment for design work. Cancellation of the Project during its execution will result in the possible billing for all labor or expenses to date. In the event of Cancellation of the Project, ownership of all copyrights and original artwork shall be retained by the Designer. Any usage by the Client of those design elements is prohibited. However, if the Project is cancelled, the Client shall retain all originally agreed-upon rights to the use of artwork completed and paid for prior to Cancellation.
If, prior to completion of the Project, the Client observes any non-conformance with the Project’s stated requirements, the Designer must be promptly notified, allowing for necessary corrections. In the event of early Termination, the ownership of all copyrights and original artwork are retained by the Designer and any usage by the Client of those design elements is prohibited. Any payments made prior to Termination shall be retained by the Designer. Regardless of when the assignment is terminated, all billable expenses already incurred by the Designer or that the Designer is liable to pay for shall be paid by the Client in full.
The Client shall provide the Designer with written notice of any corrections to be made and a suggested date for completion of the corrections which should be mutually acceptable to both the Designer and the Client. The Designer and the Client shall be designated as the only persons who will send and accept all deliverables. Neither party shall have any obligation to consider for approval or respond to materials submitted other than through the designated persons listed above. Each party has the right to change its designated person upon 10 calendar day(s) notice to the other.
Any delay in the completion of the Project due to Client negligence (including but not limited to delays in approval, alterations to the Project’s scope of work, or changes in content), delays caused by third parties, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the Designer to extend the delivery date, upon notifying the Client, by the time equivalent to the period of such delay.
Modifications to these Terms & Conditions must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized by the Client in order to progress promptly with the work. After acceptance of final artwork, if alterations are required, a charge of $60/hour will be paid for the time necessary to make said alterations.
This contract is for use in the state of Texas. The Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which the Designer may become a party by reason of this contract.
Warranty of Originality:
The Designer warrants and represents that, to the best of his/her knowledge, the work assigned has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties hereunder is original and has not been previously published or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product which may infringe on the rights of others. CLIENT EXPRESSLY AGREES THAT THE DESIGNER WILL BE HELD HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT’S USE OF THE DESIGNER’S PRODUCT TO THE EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS.
Limitation of Liability:
Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages which arise from the Designer’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or a third party.
ALL RIGHTS NOT EXPRESSLY GRANTED ABOVE ARE RETAINED BY THE DESIGNER, INCLUDING, BUT NOT LIMITED TO, ANY ELECTRONIC RIGHTS OR USAGE, ALL RIGHTS IN SKETCHES, COMPS OR OTHER PRELIMINARY MATERIALS. ANY USE OTHER THAN THAT EXPRESSLY GRANTED ABOVE REQUIRES SEPARATE PAYMENT ARRANGEMENTS.