art.design.life

builders and repairers of walls long left in ruin…

Illustration, Graphic, & Audio Design Agreement

Design

Design is defined as a type of creative service that includes process of originating and developing a plan, proposal, drawing, model, or description for a product, structure, system, or component. Consideration for the goals, values, and constraints of the specific situation and an emphasis on effectiveness and function are integral to the process.

Design work may include but is not limited to graphics, illustrations, photos, images, website layouts, logos, fonts, typography, murals, brochures, posters, mixed media, concept products, interior planning, landscaping, playgrounds, apparel, skateboards decks, ramps, and parks.

What is included in design service:

Background Research

Investigation into the client organization, project, needs, goals, vision, tonality, brand image, budget and timing issues.

Analysis & Planning

Compiling the available data and creating a plan to communicate the required knowledge and information in a balanced manner.

Web Design

All creative services involving web and graphic design, coding, file management, site updates, content creation, and related services are considered separate and will be billed accordingly.

Coding & Implementation

All creative services involving web and graphic design, coding, file management, site updates, content creation, and related services are considered separate and will be billed accordingly.

Technical Support

Technical email and online support is provided to authorized account contacts in the above areas of disk space, traffic, database storage, and server setup. Technical support does not include any web and graphic design, coding, file management, site updates, content management, site maintenance, computer training, software training, or any other general technical or internet training.

What is not included in design service:

DNS & Domain Names

Beyond initial set up and configuration, all domain-related services including registration, billing, renewal, pointing, transfer, and account management are considered the responsibility of the client.

Content Creation

Internet bandwidth allows for transfer of information, files, and media related to website content. The monthly traffic quota is shared between all sites and resources hosted with your account. Additional bandwidth beyond the quota is available as an upgrade option.

Site Maintenance & Updates

As this service is provided in conjunction with other web design or coding services, configuration services such as account setup, ftp user accounts, and general server configuration will be included with the web hosting service.

Email & FTP Configuration

MySQL databases allow for storage and access of information in a database format. The storage quota is shared between all sites and resources hosted with your account. Additional databases and database space beyond the quota are available as an upgrade option.

Data Backup

All independent data backup for stored information including site files, media, databases, and any other online information are considered the responsibility of the client.

Unlimited Revisions & Design Options

Revisions and design options are limited to the time and procedure covered in the project brief. Additional revisions or design options will be subject to subsequent agreements.

Web Hosting and Web Design

All creative services involving web and graphic design, coding, file management, site updates, content creation, and related services are considered separate and will be billed accordingly.

Terms of Use:

Security & Privacy

The client agrees to safeguard the confidentiality of any files, documents, passwords, or login information, to hold responsibility for all activities that occur under those passwords or administration accounts, to log out after each session, and to keep record of their passwords and account information.

In the case of a dispute where the contact information and the billing information are registered to different individuals, the credit card / PayPal account holder will be considered to be the purchaser of the use of the artwork, design, files, hosting, or code and will be the only party granted access to or influence over the creative work until the dispute is resolved.

Lawful & Ethical Use

The client agrees to be solely responsible for the content of their messages and to use the artwork, design, files, hosting, or code only for legal and ethical purposes. Use in connection with the propagation, distribution, linking, processing, presenting, or handling in any way of lewd, obscene, adult or pornographic material, surveys, gambling, contests, pyramid schemes, phishing, hacking, password mining, unauthorized access to information, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited.

The client agrees to be solely responsible for the source, ownership and rights of their supplied content including all files and media, text, images, graphics, audio, video, code, logos, templates, creative works, intellectual property, and scripts, both at the time of deployment and for future updates. Use, reproduction, propagation and transmission of any content, information and materials through a site or in a creative work do not, and will not: infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party; break any criminal or international law or manifest false advertising, unfair competition, vilification, privacy intrusion, or unwholesome use; violate a right of publicity or violate any other law or regulation.

A client refusing to abide by the letter or the spirit of the lawful and ethical use policies will be denied service, account, design, file, hosting, or code access immediately, and necessary follow up action may be taken to satisfy any applicable law, regulation, legal process or governmental request for disclosure of information.

Terms of Service:

The client agrees to abide by the terms of this agreement as well as any additional agreements associated with third-party services directly in connection with the creative process or storage and transmission of information.

Sign-off & Approval

The client agrees that during the research and planning stage and before any creative work begins, each individual in the client organization that will later have an opportunity to accept or reject the creative work will sign-off on the creative services brief.

Availability of Service

The client agrees that interruptions of the creative process due to failure of the client to provide content or meet deadlines, or to circumstances beyond control, and any resulting loss of time, service, profits, or income will not constitute a default under this agreement.

Scope Creep

The client agrees that any additional projects, revisions, additions, design, or follow up not covered in the initial agreement will be subject to separate agreements and will be billed accordingly with prior notification. The client also recognizes that additional work or revisions will negatively affect the timing of milestones, deadlines, and estimated completion dates outlined in the original agreement.

Copyright & Intellectual Property

The client agrees that any creative work, service, concept, design, logo, layout, intellectual property, or media including images, video, audio, code, or text involved in the design process may be used by artdesignlife and its designers for portfolios, promotion, derivative works, or exhibition of work.

The client also agrees that the copyright to any original artwork produced as part of the creative process remains with the artist and use of the artwork is licenced to the client under conditions that will be determined in the creative brief.

The client agrees to refrain from use of any creative work, service, artwork, design, files, hosting, logo, layout, intellectual property, or media including images, video, audio, code, or text for purposes beyond the original design agreement including use without proper attribution, re-selling, unauthorized distribution, or unauthorized duplication.

Payment

The client agrees to abide by the payment terms of this agreement as well as any additional agreements associated with PayPal's terms of service.

The client agrees to pay the required amount a minimum of one week in advance of each milestone start date. Failure to meet the payment date may result in a delay, suspension, or cancellation of service or work.

The client agrees to maintain up to date email contact information to avoid interruption of work due to a missed deadline or milestone. Any major changes in timing or fees will be communicated before the payment date for the deadline or milestone in which they take effect.

Payment may be made through PayPal on the payment page:
http://tmkdj.com/payment/

Cancellation & Refunds

Cancellation of service may be requested at any time, however as creative work is set up on a prepaid basis by milestone, and work on any portion of the milestone will count as the full time of service, there will be no refund for a mid-milestone cancellation.

Cancellation of web hosting service may be requested at any time, however as accounts are set up on a prepaid basis by year, and use of any portion of the year will count as a year of service, there will be no refund for a mid-year cancellation. Domain name registrations, transfers, service upgrades and other add-on or third-party services are non-refundable and cannot be cancelled or refunded after being activated.

A client may request service cancellation via e-mail and may be required to provide authentication credentials to ensure the security of the project or account.

Creative work or concepts that are incomplete or unpaid for at the time of cancellation will remain property of artdesignlife and may be re-purposed.

Termination

The client agrees that creative work, web hosting, and access to accounts, passwords, and provided content may be discontinued or terminated at any time with prior notice, and without prior notice if there is a violation of this agreement.

Revisions

The client understands that terms and conditions may be revised from time to time in order to improve service and design workflow.

Controlling Language

If this agreement is translated to any language other than English, the client acknowledges and agrees that the English language version will be considered original and correct and will prevail in case of inconsistency or contradiction in interpretation or translation.

Client Services Contact Information

Clients should refer all payment and service related communication via email to:

project77+no_spam_design@gmail.com