Terms and Conditions

Design by Dutchess

Graphic Design Services Agreement

I am so pleased you have chosen our Graphic Design services for your project. This letter serves as our agreement which will govern our relationship. It's purpose is to clearly communicate what you can expect from us and what we expect from you. If you have any questions after reading it, please call or email so we can answer them. If not, please sign it and send it back to us, keeping a copy for your records. For purposes of this letter, the party who is contracting to receive the services shall be referred to as “Client”, and the party who will be providing the services, Sophie Mesters member of Design by Dutchess, LLC at Church Hill Road, Kintnersville, PA 18930, shall be referred to as “Contractor”

DESCRIPTION OF SERVICES:

Every design project is unique. Design by Dutchess, LLC offers a custom, concierge service. We can help you as much or as little, with any design projects (such as websites, logos, or print)

CONTROLLING DESIGN SERVICE SCOPE:

Define the Services:

At Design by Dutchess LLC we list the design services into action items via emails, invoices and/or texts, so that the Contractor can work most efficiently.
If the design services action items are iterated through voice on calls and zoom calls, a list of “service” action items will accompany the conversation via text/email/invoice.
Changes to the design service action list after the first meeting, adds to the estimate.

Logistics:

Meeting are held as online Zoom video conferences/screen sharing sessions/ emails/texts/or calls. Whatever is the easiest for the Client.
Client and contractor will meet/email for regular project milestones, along the process.
We have created various tips, tools and resources to help lead you through the design process efficiently and help you be successful. You acknowledge that an important and valuable part of this service is the knowledge you will receive.

COST & PAYMENT FOR SERVICES:
1. Client will pay compensation to the Contractor for design services.
2. Cost will increase if scope of work increases. Things like edits, changes, complexity add time.
3. TWO WAYS TO PAY
  1. PAY BY PROJECT: Fixed price for projects Contrator does often, like websites and logos.
    1. If Client pays a project rate, Contractor will let Client know when anything is out of the scope of work.
    2. Any work after project rate, such as updates will be billed at $120/hour.
  2. PAY BY THE HOUR: For more custom work or on-going work
    1. The estimates are in a range format (example: $500-2k+). Non refundable deposit due in advance, to secure Contractor’s time for service. This will be the project minimum.
    2. Final bill will reflect the final scope of time put into completing the work. Each project’s has a unique creative process and will take different amounts of time. Be prepared to pay the end range of the estimate. Projects are broken into two/maybe three invoices.
4. The final bill will be sent before files are sent/the website goes live.
5. If the final bill is not paid, the Contractor has the right to take the website down/ not send files.
6. If the project work time goes over one month (due to edits, contemplation, etc) the final bill may be split up to pay for my time.
7. We accept credit cards through our secure Wix online portal.
8. These billable rates are subject to change and will take place immediately.
9. No estimates are guaranteed as every project and each Client has a different work style. Contractor offers concierge and custom service, tailored to Client.
10. Avoiding Surprises: Please be aware that all questions, correspondence, emails, phone calls or research that count toward making your business better, is part of the scope of work to complete your project. Ongoing customer service will be billed in addition to your initial investment, at $120/hour.
11. Your appointment will be held for 48hrs, after you make it. Upon receiving payment, your appointment will be locked in. After 48hrs, with no payment, your appointment will be canceled.
12. All paid invoices are non refundable and indicate you agree with the project process and are happy with the work.
TERM/TERMINATION. This Agreement works for any services and shall not terminate automatically.
CANCELLATION: If Client is not satisfied with the Contractor’s deliverables and discontinues the project under any terms, the Client is still responsible for the amount of the non-refundable deposit. Either party may exit at any time.
NO REFUNDS.
RELATIONSHIP OF PARTIES: It is understood by the parties that Contractor is an independent contractor with respect to Client, and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacation or any other employee benefit, for the benefit of the Contractor.
WORK PRODUCT OWNERSHIP: Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by Contractor in connection with the Services shall be the exclusive property of Client. Contractor may use Work Product in portfolio (website, advertising etc).
CONFIDENTIALITY: Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Contractor, or divulge, disclose, or communicate in any manner any information that is proprietary to Client. Contractor will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.
ENTIRE AGREEMENT: The Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
SEVERABILITY: If any provision of the Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
APPLICABLE LAW: This Agreement shall be governed by the Commonwealth of Pennsylvania.
LAWYERS: Contractor is not responsible for any of the Clients lawyer fees.
SERVICES LIMITATIONS/EXTENSIONS: The estimate is based on the project and goals discussed during the initial zoom call/phone/emails and is based on the average amount of time a similar type of project takes.
COMMUNICATIONS:: You are welcome to inquire, if you have questions about scheduling, billing or other non-design matters, and you will not be billed. For design matters, please email/text/schedule a Zoom call to go over edits. The reason for this policy is 1) to ensure the designer is prepared for your call and focused on your project when you are speaking with them, and 2) to ensure the design Contractor has adequate time to work on clients' projects in a timely manner with minimal interruptions. We truly believe your cooperation with this policy will result in better and faster results in your project. Our normal office hours are flexible, by appointment only.
Non-Billable Communications: There is no charge for communications solely concerning invoices or billing. If you are not sure whether a communication is billable, please ask at the beginning of the communication – we always appreciate the opportunity to clarify billing questions.

I am pleased that you have decided to work with us for our design services. If you have any questions about the terms of this engagement, please don't hesitate to call/text/email me.

This Agreement is being executed by paying the invoice. That indicates you agree to these terms and conditions.

Please indicate your acceptance of the terms of this engagement agreement by paying the invoice. The non refundable payment must be received before work on the project starts, so that Contractor knows Client agrees to the terms and conditions.

Design by Dutchess will abide by the terms and expectations set forth above.

By my signature below, I hereby agree to the terms and conditions regarding the payment for graphic design services described above.

PARTY PROVIDING SERVICES BY MEMBER OF DESIGN BY DUTCHESS LLC

MEMBER SOPHIE MESTERS | 609 933 3334 | DesignbyDutchess@gmail.com

SIGNED NAME

Thank you for your business!