Client Agreement

We’re very excited to begin our project, and we want to say thanks for considering us. To complete this project in a professional and timely manner, we’ll need to work together throughout the design process. The purpose of this Agreement is to outline our rights and obligations to each other, providing clarity for moving forward.

1.0 Introduction

This Client Agreement (“Agreement”) is between [John Doe] (“You”) and [YOURCOMPANYNAME] (“We” or “Us”) to provide design services as outlined below.

2.0 Description of Services

2.1 Design. We will create a design solution for elements of the interface, layout, and functionality of your project. If you’re not happy with the design solution we present to you, we’ll work together on up to two rounds of revisions. If you’re still not happy at that stage, you may either (a) cancel this contract or (b) commission us to make additional revisions, which will be billed at our standard hourly rate.

2.2 Formatting & Templates. If the project includes any coding elements, including, but not limited to, HTML, CSS, or scripting languages, please note that they may be interpreted differently by different browsers, which could vary the user experience. We’ll test these elements to ensure that they work as intended on the following browsers and devices, representing the vast majority of all Internet users:

  • Internet Explorer 8.0 +
  • Mozilla Firefox (latest)
  • Google Chrome (latest)
  • Apple Safari 5.0 +
  • iPad OS v5.0 +

We will not test or optimize these elements on older versions of the browsers listed above, unless you specifically request it. Time spent optimizing these elements for unsupported browsers will be billed at our standard hourly rate.

2.3 Copywriting. Unless it is included in the estimate, we’re not responsible for drafting any copy for your project. If you need help drafting copy, we’re happy to help. Those services will be billed at our standard hourly rate.

3.0 Scope of Project

3.1 Services. The scope of the project will be all services listed on the Estimate we provided to you on [DATE]. We’ve attached that estimate again for your reference.

3.2 Timeframe. Based on the current scope of the project, we estimate that the project will take [#DAYS] business days to complete from the time that the down payment on the project is received. This is only a good faith estimate, which depends on many factors outside our control; if the project is completed beyond this date, that fact in itself will not amount to a breach of this Agreement.

3.3 Changes, Revisions & Updates. You’re free to change your mind about the scope of this project at any time. Any changes must be requested and agreed to in writing. You will be billed for these changes at my standard hourly rate, unless otherwise agreed.

4.0 Payment

4.1 Total Cost. Based on the services outlined in the Estimate, we anticipate that this project will take [#HOURS] hours to complete and will cost a total of $[##,###]. For this amount, we will work up to a total of [#HOURS] hours on this project. If this amount of time isn’t sufficient to complete the project, you will be notified in writing and must consent to any additional work. Any additional time we spend working on the project (which isn’t due to our error or negligence, of course) will be billed at our standard hourly rate.

4.2 Payment Schedule. To begin work on the project, we must receive 50% of the estimated total cost of the project as a nonrefundable down payment, which is $[#DOWNPAYMENT]. The remaining balance is due on completion of the project and must be received before delivery of the project can occur.

4.3 Hourly Rate. Our standard hourly rate for this project is $[#HOURLYRATE].

5.0 Client Responsibilities

To provide you with outstanding design, we need to have a great working relationship with you. To that end, you agree that during the course of this project you will:

  • Be the primary stakeholder and decision-maker for the project;
  • Provide information and files as we request them in a timely manner;
  • Review work, offer feedback, and issue approvals in a timely manner;
  • Adhere to project and payment schedules; and
  • Inform us of any problems or issues as soon as possible.

Additionally, you are responsible for ensuring that you have the rights to all images, copy, trademarks, or other elements you provide to us in the course of the project. You also agree to indemnify us against any liability for copyright or trademark infringement for using these items.

6.0 Copyrights and Ownership of Designs

6.1 Assignment. After any outstanding balance for the project is paid, we will assign to you all copyrights in the graphical and visual elements of the design that we will create under the scope of this project. However, we will retain the copyright to all coding elements, but will provide you with a license for you to use these elements in the deliverables of this project.

6.2 Publication. We’re very proud of the designs that we produce, and love to show them off. As a result, [YOURCOMPANYNAME] reserves the right to display the designs we create for this project in our portfolio and to write about the design process for the project on websites, magazines, books, and other outlets.

7.0 Technical Support

7.1 Website Hosting. If the project involves the creation of a website, please note that you’re responsible for obtaining, managing, and supporting hosting for your website. We do not provide such services, and they are not included under the scope of the project. If you need help finding hosting for your site, We’d be happy to refer to you someone who can provide those services.

7.2 Content Management Systems. Occasionally, we may use a content management system as the underlying platform for a website, such as WordPress. We would be happy to spend up to one hour walking you through basic functions of how your content management system works. If you need any additional assistance with these systems, support will be billed at our standard hourly rate.

8.0 Cancellation

8.1 Resolving Disputes. While we will do our best to ensure that you will be pleased with your experience as a client on this project, not every project will work out. If that most unfortunate reality should occur, we agree to work out any problems together, in a friendly manner, which are preventing the project from moving forward successfully. However, if that process is ineffective, either you or [YOURCOMPANYNAME] may cancel this Agreement for good cause by sending written notice to the other person.

8.2 Amount Due after Cancellation. Upon cancellation of this Agreement, you will be billed for the number of hours we have spent on the project at our standard hourly rate. If this amount is less than the deposit, you will not owe any additional funds. If this amount is more than the deposit, you will be billed for the outstanding balance. This balance will be due immediately.

8.3 Continuing Effect. All rights to indemnification will continue after cancellation of this Agreement.

9.0 Miscellaneous

9.1 Release of Liability. You agree to release us from any liability for all spelling or content errors in the copy you provide to us. Also, you agree to release us from any liability and to indemnify us against any claim or lawsuit from a third party arising from any elements you provide to us to complete this project.

9.2 Entire Agreement. The attached Estimate and this Agreement make up the entire agreement between you and [YOURCOMPANYNAME]. All changes to the Estimate or this Agreement must be in writing to be enforceable.

9.3 Files. We will provide a copy of all electronic files to you for the deliverables of this project. You are responsible for keeping these files in a safe place. You understand that we aren’t required to keep a copy of the files or source files after the completion of the project.

9.4. Relationship. We will perform all services as an Independent Contractor, not as an employee or agent. The designs we produce under this Agreement are not works made for hire under the United States Copyright Act.

9.5 No Assignment. You may not transfer or assign any rights under this Agreement to another party without our written permission.

9.6 Severability. If a portion of this Agreement is held to be unenforceable, that portion will be removed and the remainder will serve as our Agreement.

9.7 Governing Law. The laws of the State of North Carolina will control the interpretation of this Agreement.

10.0 Acceptance

This Agreement is approved on [TODAYSDATE].

________________________________
[John Doe]

________________________________
[YOURNAME] for [YOURCOMPANYNAME]

©2014 Invisible Interface.