last updated Mar09
Completion Time
That Design Studio LLC (a.k.a. Heather Munsell DBA That Design Studio) and the Client agree to work diligently together toward completion of this project. The Client understands that if changes are made to the original work specifications, if delivery of necessary materials is delayed by Client, or if other unforeseen events occur, the estimated completion date and estimated cost may be impacted.
Contact
Heather Munsell DBA That Design Studio will respond to all inquiries within 48 hours if at all possible. The preferred method of communication is email via thatdesignstudio.com/contact.
Confidentiality
This agreement creates a confidential relationship between Heather Munsell DBA That Design Studio and the Client. Heather Munsell DBA That Design Studio acknowledges and agrees that all information supplied by the Client or developed by Heather Munsell DBA That Design Studio in the course of designing the Client's design project will be considered confidential information and will be used solely for the purposes outlined in this agreement. Information shall not be considered confidential if it is already publicly known through no act of Heather Munsell DBA That Design Studio.
Copyrights and Trademarks
The Client hereby unconditionally guarantees that all text, graphics, photos, trademarks, designs and any other materials provided to Heather Munsell DBA That Design Studio by the Client are either owned by the Client, or used with permission of the rightful owners. The Client agrees to hold harmless, protect and defend Heather Munsell DBA That Design Studio from any claim or suit arising from the use of these materials. Similarly, Heather Munsell DBA That Design Studio warrants that all graphics and text supplied by Heather Munsell DBA That Design Studio are either owned by Heather Munsell DBA That Design Studio or used with permission.
Heather Munsell DBA That Design Studio retains the right to use all work done (any ideas and/or comps and/or completed designs/work) for portfolio purposes (print and/or electronic). Client grants Heather Munsell DBA That Design Studio permission to use all trademarks included in work retained by Heather Munsell DBA That Design Studio for portfolio use. If client chooses to terminate the use of the completed project at any time in the future, Heather Munsell DBA That Design Studio reserves the right to retain the rights for said usage.
Heather Munsell DBA That Design Studio makes no warranties or guarantees regarding Client's ability to obtain trademarks for any designs created. Heather Munsell DBA That Design Studio will do it's best to create original designs for Client, but does not make any guarantees that similar designs are not already in use and/or legally trademarked by other parties. It is the responsibility of the Client, and not Heather Munsell DBA That Design Studio, to perform any necessary action to ensure that any works created by Heather Munsell DBA That Design Studio for Client are free of any trademark or copyright infringement before use.
For Graphics Projects: Upon approval of the finished project by Client and acceptance of final payment by Heather Munsell DBA That Design Studio, copyright to the finished assembled work produced by Heather Munsell DBA That Design Studio is transferred to Client. Client may not re-sell any work done by Heather Munsell DBA That Design Studio without prior written permission from Heather Munsell DBA That Design Studio.
For Website Projects: Client retains copyrights to all page content including text, graphics, photos, trademarks and other materials provided by the Client to That Design Studio for inclusion in the website. Heather Munsell DBA That Design Studio is not responsible for any content the Client decides to include in the website. All trademarks remain the property of their respective owners. Upon clearance of final payment and acceptance of final project, the COMPLETED WEBSITE PROJECT becomes copyright of the client. Rights to the original code/design remain Heather Munsell DBA That Design Studio's. Client may not re-sell any work done by Heather Munsell DBA That Design Studio without prior written permission from Heather Munsell DBA That Design Studio. Client may not give any materials produced by That Design Studio to someone else to alter, reproduce or publish without prior written permission from Heather Munsell DBA That Design Studio.
Authorship Credit
Heather Munsell DBA That Design Studio shall have the right to include a visible original authorship credit line with live link to the Heather Munsell DBA That Design Studio website on any website developed by Heather Munsell DBA That Design Studio on each main page of the website or in any printed publication of a design by the Client. In addition, Heather Munsell DBA That Design Studio reserves the right to include an invisible authorship credit line embedded in the HTML code of all website pages. Whether or not Heather Munsell DBA That Design Studio exercises this right is at the sole discretion of the designer. The Client shall not remove authorship credit until/unless Heather Munsell DBA That Design Studio requests its removal.
Heather Munsell DBA That Design Studio reserves the right to reference the project, in whole or in part, in any advertising, marketing, or publicity. In addition, Heather Munsell DBA That Design Studio reserves the right to retain copies of any/all work, final approved versions and/or working versions, for portfolio purposes. The Client shall not use the That Design Studio name, nor the designer's name, for promotional or any other purposes with respect to these designs without prior written approval.
Domain Registration and Internet Service Provider Authorization
For website projects, Heather Munsell DBA That Design Studio does not provide domain registration, but will assist the Client with this process if requested, additional fees may apply. The Client may use any Internet Service Provider to host the website. The Client will make these arrangements directly with the ISP of choice, and will pay all hosting fees, etc. directly to that ISP. Regardless of the ISP chosen, Heather Munsell DBA That Design Studio is not responsible for the quality or reliability of the Client's ISP. Heather Munsell DBA That Design Studio does not warrant that the operation of the website will be uninterrupted or without error. Further, Heather Munsell DBA That Design Studio is not responsible to the Client or any third party for damages of any kind arising from the operation of or inability to operate the website. The Client authorizes Heather Munsell DBA That Design Studio to access their ISP account and authorizes the ISP to provide Heather Munsell DBA That Design Studio with all information necessary to publish the website to the Client's hosted webspace. The Client agrees to provide Heather Munsell DBA That Design Studio with any usernames/passwords necessary to access the Client's ISP hosted webspace.
Search Engine Optimization
For website projects, if requested, Heather Munsell DBA That Design Studio will include pertinent META tag references in the source code of necessary web site files during the design phase. Client understands that this does not guarantee a particular ranking or even a listing in any search engine. Additional submission work may be necessary at a later date to successfully add the site to some search engines. The Client may, at any time after completion of the web site design project, commission Heather Munsell DBA That Design Studio at the designer's general hourly rate to do this follow-up as needed.
Cancellation Policy
If Client wishes to halt work and cancel the project at any time, any completed work will be billed at the designer's current general hourly rate, and deducted from any payments made, the balance of which will be returned to the Client. If, at the time of cancellation, work has been completed beyond the amount covered by payments made, Client agrees to pay for all work completed that is not covered by payments made at the designer's current general hourly rate. When Client has fully paid for all work completed prior to cancellation, Heather Munsell DBA That Design Studio will return all original materials and turn over any files already completed that would normally be owned by the Client upon completion of the project.
Final approval
Upon notification of completion of the project, the Client has 7 days to approve the work or request modifications. If the Client fails to respond within this time frame, Heather Munsell DBA That Design Studio will consider the work approved and the final payment will become due.
Payment terms
Fees are due and payable on the following schedule: 50% of the estimate due before work begins as a deposit, the remainder due upon completion. Payment in full is due before final website is uploaded or final design files are provided.
Design projects will be billed upon approval of final design, maintenance projects will be billed on a monthly basis. All payments are due in full upon receipt of invoice. Delinquent accounts will be assessed a $15.00 late fee if full payment is not received within 10 days of the invoice date. For balances remaining unpaid 30 days from invoice date, a late fee equal to 5% of the outstanding balance will be added for each month of delinquency. Work in progress may be suspended on delinquent accounts.
Disclaimer
Heather Munsell DBA That Design Studio shall make every effort to ensure the final product is free of any omissions or typographical errors, before giving the final product to the Client. It is agreed that it is Client's responsibility to ensure that there are no errors to or omissions from the final product. It is agreed that Heather Munsell DBA That Design Studio is not responsible or held liable for any errors to or omissions from the final product after the final product has been approved and accepted by Client. The Client shall be responsible for proofreading and approving all final type and graphics. Email verification of approval by the Client's Representative shall be conclusive as to the approval of all work prior to their release or installation. Heather Munsell DBA That Design Studio does not offer proofreading, editing or copywriting. Heather Munsell DBA That Design Studio does not accept liability for any/all errors discovered after final approval by Client's Representative, regardless of when the error occurred, including, but not limited to, printing and/or publishing errors by Client or third-parties, typographical errors, code malfunction errors, etc. Any and all errors discovered after final approval will be Client's sole responsibility.
Refunds
Once a project has been designed in full according to the agreed upon project and approved by Client's Representative, no refunds are given for any reason.
For More Information
Questions or comments regarding these terms and policies? Contact Heather Munsell DBA That Design Studio via thatdesignstudio.com/contact
