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 the accompanying invoice 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.

 

Controlling Design Service Scope

• Defining Services: Our services are itemized into actionable tasks communicated via emails, invoices, and/or texts, ensuring efficient workflow.

• Documentation of Verbal Agreements: Service tasks agreed upon verbally (calls or Zoom meetings) will be documented and sent to the Client via text/email/invoice.

• Scope Changes and Cost Implications: Any alterations to the original list of design services will affect the estimated price.

 

Logistics

• Meeting Format: Meetings are conducted through Zoom video conferences, screen sharing, emails, texts, or calls, based on Client convenience.

• Project Milestones: Regular meetings/communications will be scheduled to discuss project milestones.

 

Cost & Payment for Services

• Hourly Rate: Services are billed at $100/hour, reflecting the custom nature of our consulting service.

• Estimates and Final Costs: An initial estimate will be provided, with the final cost subject to change based on project scope. Notice will be given if costs exceed the estimate, allowing for scope adjustment.

• Payment Terms: Estimates are presented as a range (e.g., $500-2k+). A non-refundable deposit is required in advance as the project minimum. Final billing reflects the actual time invested in the project, which may vary. If a project extends beyond two weeks, weekly billing may apply.

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

• Payment Methods: We accept credit cards via our secure Wix portal and other third-party systems upon request.

• Ongoing Customer Service: Any ongoing client support, including correspondence and consultations, will be billed additionally at $100/hour.

• No refunds on time graphic design has already put in. Estimates are good for 30 days. Projects that are delayed more than 60 days may require a new estimate which includes

 

Term/Termination

This Agreement applies to any services rendered and does not automatically terminate. Either party may terminate the agreement at any time.

 

Cancellation Policy

If the Client discontinues the project for any reason, the non-refundable deposit and any accrued service fees remain payable.

 

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

The Contractor agrees to keep all proprietary information of the Client confidential, both during and after the termination of this agreement.

 

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 $20 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.

 

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.

 

Client Responsibilities

The Client is responsible for providing timely feedback, necessary materials, and relevant information essential for the completion of the design project. Delay in providing these essentials may affect project timelines and incur additional costs.

 

Revision Policy

The estimate includes up to three revisions per project, considering the complexity of the edits. Additional revisions beyond the included number will be charged at an additional rate of $100 per hour. This charge covers the time and resources required for further modifications.

 

Cancellation Policy

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

 

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 indicates your agreement to these terms. Your appointment is held for 48 hours post-booking and confirmed upon payment. Unpaid bookings will be canceled after 48 hours.

 

Acknowledgment

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