branding specialist // graphic designer // photographer
TERMS & CONDITIONS
These can be found the proposal if you received one from me. Here is a full list of terms and conditions separated by jobs/ projects. Please be sure you ask questions if you do not understand the terms as they are written out before you sign the proposal. I am always available to chat if you need clarification.
LOGO DESIGN
Payment: In return for logo design, the client agrees to pay the total fee payable in one payment once logo is approved and finalized by Client. A deposit as outlined in this proposal is required before any work begins and the remaining payment when final logo design is approved but before it is delivered. The client understands that the final logo design belongs to Melinda Szilagyi (MZSCREATIONS) until paid in full. In the event of termination of this Agreement, Melinda Szilagyi (MZSCREATIONS) owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, Melinda Szilagyi (MZSCREATIONS) owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Melinda Szilagyi (MZSCREATIONS) reserves the right to display the logo for business promotional use.
File Delivery: After the final logo design is approved and final payment is made, the logo design will be emailed to you as a digital files (.png, .jpg, .pdf, and .eps graphics file formats).
File Storage: Melinda Szilagyi (MZSCREATIONS) agrees to keep the Client’s logo and marketing pieces on file for no more than 60 days after the delivery of the digital files. The Client agrees that Melinda Szilagyi (MZSCREATIONS) is not responsible for the long-term safekeeping of these files.
Ownership: The Client, has ownership of the final logo design for use in any media application that is beneficial to their business. Melinda Szilagyi (MZSCREATIONS) retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The Client also gives Melinda Szilagyi (MZSCREATIONS) permission to use Client’s full name and/or website address, for testimonial purposes on their website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm)
Originality: Melinda Szilagyi (MZSCREATIONS) affirms that our logo designs are original and therefore owns the rights granted under this agreement.
Delays: Illness, injury, or other events beyond Melinda Szilagyi (MZSCREATIONS) control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate the Agreement if, Melinda Szilagyi (MZSCREATIONS) fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon time frame, Melinda Szilagyi (MZSCREATIONS) shall retain the deposit.
Performance Liability: Melinda Szilagyi (MZSCREATIONS) does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Melinda Szilagyi (MZSCREATIONS) be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if Melinda Szilagyi (MZSCREATIONS) has been advised of the possibility of such damages.
PRINT DESIGN
Print design includes but is not limited to flyers, brochures, catalogs, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.
Concepts: Within 7 business days of receiving your company information and deposit after specified time on quote sign off page, Melinda Szilagyi (MZSCREATIONS) will create a design concept for your project. Depending on the calibrator or the project it may take up to half the maximum total project time to get you an initial proof if all materials are supplied. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate, this is already quoted on quote sign off page in this proposal. Further revisions/ hours may incur additional costs at Melinda Szilagyi (MZSCREATIONS) current hourly rate.
Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. Melinda Szilagyi (MZSCREATIONS) retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Melinda Szilagyi (MZSCREATIONS) permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the design if needed (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).
Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. A deposit is required before any work begins as outlined on the quote sign off page in this proposal and the remaining payment when final design is approved but before it is delivered. The client understands that the final design belongs to Melinda Szilagyi (MZSCREATIONS) until paid in full. In the event of termination of this Agreement, Melinda Szilagyi (MZSCREATIONS) owns the design work and has the right to complete, exhibit, and/or sell the design work (not including business name). Furthermore, Melinda Szilagyi (MZSCREATIONS) owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design materials in all media useful for business promotion and that Melinda Szilagyi (MZSCREATIONS) reserves the right to display the design work for business promotional use.
Originality: Melinda Szilagyi (MZSCREATIONS) affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Stock Photography: Melinda Szilagyi (MZSCREATIONS) will not provide stock photos. Any photos acquired by Melinda Szilagyi (MZSCREATIONS) for inclusion in the client’s design project(s) remain the property of Melinda Szilagyi (MZSCREATIONS) and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing and may be subject to additional costs.
Delays: Illness, injury, or other events beyond Melinda Szilagyi (MZSCREATIONS) control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate the Agreement if, Melinda Szilagyi (MZSCREATIONS) fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon time frame, Melinda Szilagyi (MZSCREATIONS) shall retain the deposit.
Performance Liability: Melinda Szilagyi (MZSCREATIONS) does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the design is with client. In no event will Melinda Szilagyi (MZSCREATIONS) be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if Melinda Szilagyi (MZSCREATIONS) has been advised of the possibility of such damages.
WEB DESIGN / BUILD
Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in this written proposal. The client also authorizes Melinda Szilagyi (MZSCREATIONS) to publicize their completed Web site to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.
Client Provisions: Client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.
Stock Photography: Melinda Szilagyi (MZSCREATIONS) agrees to provide up to stock photos via Unsplash.com and Wix.com (if that is choosen vendor) during the web design process. Any photos acquired by Melinda Szilagyi (MZSCREATIONS) for inclusion in the client’s website remain the property of Melinda Szilagyi (MZSCREATIONS) and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.
Web Browsers: Melinda Szilagyi (MZSCREATIONS) will verify the design and functionality of all websites on the following internet browsers: Firefox, and Safari. Should an update or up-version of any of these browsers results in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense, billed at Melinda Szilagyi (MZSCREATIONS) current hourly rate.
Completion Date: Melinda Szilagyi (MZSCREATIONS) agrees to complete website projects within a timeframe agreed upon with the client.
Delays: Illness, injury, or other events beyond Melinda Szilagyi (MZSCREATIONS) control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Payment: A deposit is required before any work begins as specified in the proposal. Returned checks will results in a return-check fee of $30.00. The client understands that the final website design belongs to Melinda Szilagyi (MZSCREATIONS) until all invoices are paid in full. In the event of termination of this Agreement, Melinda Szilagyi (MZSCREATIONS) owns the website design and has the right to complete, exhibit, and/or sell the website design (not including business name). Once the final invoice is paid in full, the client has the right to use images of the website design in all media useful for business promotion and that Melinda Szilagyi (MZSCREATIONS) reserves the right to display the website for business promotional use.
Delinquency: Melinda Szilagyi (MZSCREATIONS) reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.
Performance Liability: Melinda Szilagyi (MZSCREATIONS) does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Melinda Szilagyi (MZSCREATIONS) be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Melinda Szilagyi (MZSCREATIONS) has been advised of the possibility of such damages.
Copyrights and Trademarks: The client represents to Melinda Szilagyi (MZSCREATIONS) and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Melinda Szilagyi (MZSCREATIONS) for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Melinda Szilagyi (MZSCREATIONS) from any claim or suit arising from the use of such elements furnished by the client.
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NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance. By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.
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