Professional Creative Consultant & Graphic Design Services Agreement for Design by Dutchess, LLC

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Welcome and Agreement Introduction

We, Design by Dutchess, LLC, are thrilled to have you choose our Graphic Design services for your project. This document serves as our formal agreement, outlining our mutual commitments and expectations. Please review this agreement thoroughly. If you have any queries, feel free to contact us. Your payment of your invoices signifies your acceptance of these Terms & Conditions. We recommend screenshotting this page for your records.

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Parties to the Agreement

For this agreement, the service recipient is referred to as the “Client,” and Sophie Mesters, representing Design by Dutchess, LLC, located at Church Hill Road, Kintnersville, PA 18930, is the “Contractor.”

 

Description of Services

Each design project with Design by Dutchess, LLC is a bespoke experience. We offer a range of design services, including but not limited to websites, SEO, logos, and print materials, each tailored to meet your specific needs. Detailed descriptions of the services for your project are included on the invoice. We offer services on a hourly rate basis of $150. Project estimates will be provided but are not guarenteed. 

 

Cost & Payment for Services

“You don't pay me for the 5 minutes I spent to do it, you have to pay me for 10 years I spent learning how to do it in 5 minutes”

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There are NO REFUNDS for time the Contractor already put into your project.​

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​Please understand that the time required to complete tasks in your website can vary due to numerous factors, so set your expectations accordingly. ​​

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Hourly Arrangement

How much is it? Services are billed at $150/hour, reflecting the custom nature of our consulting service.

NO REFUNDS

• If you prefer not to proceed with the full project estimate, we offer an hourly rate of $150/hr. Please note that we cannot guarantee specific outcomes within the hourly budget you set. For example, if you allocate 3 hours of work for $450, we will accomplish as much as possible within that time frame. We will not be able to build a whole site in 3 hours, for example. Set your expectations accordingly.

• Payment for hourly agreements will be paid upfront to lock in my time. 

• How Client Pays: Contractor accepts credit cards via our secure Wix portal. You will get an invoice from Contractor via email from Wix. ​

 

Project Estimate Arrangement

• Full Website Builds, Migrations & Redesigns:

  • Estimates and Final Costs: An initial estimate will be provided based on our consultation call. The estimate is based off the average amount of time it usually takes. $150/hr. Your project could be more or less than the average. If you are very particular or want something very specific and need more time towards edits, the final cost will be more than the orginal estimate

  • Retainer: To get started and lock in my time, a NONREFUNDABLE retainer of 75% of the estimate is required in advance. 

  • Final Cost: Final cost subject to change based on the final project scope. Notice will be given if costs exceed the estimate, allowing for scope/expectations adjustment. The more ideas you have, the more time it will take to complete. ​

  • If a project extends beyond a month, bi weekly billing will apply.

  • Completion and Payment: Final payment is required before the delivery of files or website launch. Failure to pay will result in withheld services.

  • Projects that are delayed more than 60 days may require a new estimate, if rates changed. 

  • Our contract automatically terminates after two months of Design by Dutchess not hearing from the Client. There is a $250 project restart fee.

  • No refunds on time graphic design has already put in.

  • Estimates are good for 30 days.

  • Ongoing Customer Service: Any ongoing client support after the final cost of the project is paid, including correspondence and consultations, will be billed additionally at $150/hour.`

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Content Policy

• At Design by Dutchess, I specialize in graphic design and web design and NOT content and SEO writing. While we excel at creating visually stunning and effective designs, writing is not our expertise.

• If we agree to keep all your content untouched, then I won't touch it.

• If we agree that I will assist you with content writing, please note that I will use AI tools to generate the content. It is the client's responsibility to thoroughly check the provided content for spelling, grammar, and accuracy. By utilizing our content writing assistance, you acknowledge and accept this policy. No refunds if you do not like what AI came up with. If you like, you can rework what AI came up with. To copy paste reworker content will add time to the project.

• SEO for main pages only. Additional pages like, blog & products, are an additional cost. ​​

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Image/Graphics/Videos Policy

• Contractor can help find photos/videos/graphics using free online photo sources.

• If the specific images/videos/graphics you need are not available through Contractor free sources, Contractor has no control over what is free 

• Alternatively, Client can purchase specific images through Shutterstock on Wix for approximately $3.16 each.

• Obtaining and purchasing specific images is the client's responsibility (Client to ensure that any images used are high-quality and properly licensed for commercial use.)​

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3rd Party Apps & Services

At Design by Dutchess, I pride myself on being a Wix Editor expert, dedicated to delivering top-notch design services exclusively on the Wix Editor platform. I do not work with any third-party industry standard apps, reporting and design firms or domain hosts other than GoDaddy and Namecheap. I do not work with Legal Zoom. I do not work with any program outside of Wix Editor. There will be an extra charge for any time spent trying to help with third party companies, but no success is guarenteed. Our focus is on providing seamless, professional, and high-quality designs tailored to your needs, ensuring a smooth and efficient experience on the Wix Editor platform. I do not work in Wix Studio. 

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Wix Limitations

Design by Dutchess specializes exclusively in the Wix Editor platform. As your Wix Editor guide and translator, I work within the confines of Wix Editor's template-based website design tools. Please be aware that Wix Editor has certain feature limitations inherent to its system. Design by Dutchess does not offer custom coding services, and all work will be performed using the available tools and features within the Wix Editor platform.

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Term/Termination/Cancellation Policy

This Agreement applies to any services rendered. Either party may terminate the agreement at any time. If the Client discontinues the project for any reason, the non-refundable deposit and any accrued service fees for time put into the project, remain payable and are non refundable. Contractor will send website as is, as long as time already put into the project is paid. 

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Redesigns

Client agrees not to work on website until Contractor is complete with the scope of work. 

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Relationship of Parties

The Contractor is an independent contractor in relation to the Client. The Client will not provide any employee benefits to the Contractor.

 

Work Product Ownership

All work products developed by the Contractor are the exclusive property of the Client. The Contractor retains the right to use these products in their portfolio.

 

Confidentiality

Please only share non proprietary information that you plan to see on your public website. Contractor does not sign NDAs. 

 

Entire Agreement

This document and the invoices constitute the full agreement between the parties, superseding all prior agreements.

 

Severability and Applicable Law

• Severability: If any part of this Agreement is deemed unenforceable, the remainder remains valid.

• Governing Law: This Agreement is governed by the laws of the Commonwealth of Pennsylvania.

 

Communication Policy

• Billing Inquiries: No charge for inquiries regarding billing or scheduling.

• Design Communication: Please email, text, or schedule a Zoom call for design-related discussions.

 

Dispute Resolution Mechanism

In the event of a dispute related to this agreement or its execution, both parties agree to seek a fair and amicable resolution through direct negotiation. Should these efforts fail, the dispute will be submitted to arbitration, in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Bucks County, Pennsylvania, and the decision of the arbitrator shall be final and binding. Both parties bear their own costs in connection with the arbitration proceedings.

 

Late Payment Penalties

Immediate payment is preferred to align with the prompt delivery of services. However, a grace period of 14 days from the invoice date is provided for payment completion. Beyond this period, a late fee of $50 per day will be added to the outstanding balance. This fee aims to encourage timely settlements and compensate for administrative efforts in managing overdue accounts. In most cases, payment is required upfront. 

 

Force Majeure Clause

Neither party shall be liable for any failure to perform its obligations under this agreement if the failure is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, and unexpected illness. Such circumstances, however, will not excuse immediate payment for services already rendered.

 

Price /Rate Changes 

Prices and rates can change at any time, without notice. 

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Client Responsibilities

The Client is responsible for the following:

1. Providing timely feedback and necessary materials, including media (such as images and videos), and relevant information essential for the completion of the design project. This includes writing and editing content and SEO, if the Client chooses not to use the AI-generated content provided.

2. Reviewing and providing feedback on the website, ensuring all aspects meet their approval, and making the final payment after giving final approval.

3. Testing and troubleshooting the website

4. The Client acknowledges that they will need to invest time to ensure their website meets their expectations.

5. Check for spelling, grammar, and accuracy. 

6. Check with your lawyer that all text is legal for your industry. You claim all responsibility for your content on your site and your site as a whole. You must provide any disclaimers, policy, etc. 

The Client understands that any delays in providing these essentials may affect the project timelines and could result in additional costs for extra editing time, beyond the included 1hr per page. 

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Final Approval Policy

 

By paying the final invoice, the Client signifies approval of the project as it stands. Any additional work requested after the final invoice is paid and the project is approved will fall outside the initial scope of work and will be billed separately.

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Revision Policy

The estimate includes up 1 hour of edits per page. If the complexity of the edits goes beyond an hour per page, your final invoice will adjust accordingly. Additional revisions beyond the included hour of edits will be charged at an additional rate of $150 per hour. This charge covers the time and resources required for further modifications, trouble shooting, edits. 

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Cancellation Policy

If the Client or Contractor discontinues the project for any reason, Client is responsible for the non-refundable retainer and any accrued service fees. This policy compensates for the resources allocated and work completed up to the point of cancellation.

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Appointment Meeting Policy

Your appointment is held for 24 hours post-booking and confirmed upon payment. Unpaid bookings will be canceled after 48 hours.

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Indemnification Clause

The Client agrees to indemnify and hold harmless Design by Dutchess, LLC, its employees, and agents from any claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from the Client's use of the work product. This indemnification will survive the termination of this agreement.

 

Data Protection and Privacy

Design files may be requested up to one month after full payment of the project invoice, potentially subject to an additional fee. Post-project, Design by Dutchess, LLC is not responsible for the maintenance or protection of client files. The Client is advised to secure their own copies of all files for safekeeping.

 

Acceptance

Paying the invoice and signing below indicates your agreement to these terms. 

 

Acknowledgment

By accepting these terms, you agree to the outlined payment and service conditions.