terms & conditions
I work hard to provide incredible customer service and beautiful, intentionally-crafted products to every single one of my customers. I try to be easily accessible so that I can address any questions and concerns as quickly and efficiently as possible. Let me know if I can do anything to make your experience better!
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CONTRACT AND POLICY
1. Work and Payment
1.1 Project. The client is hiring the Marketer/Designer to do the following: the Marketer will assist the Client with digital marketing services, logo design packages, etc.
1.2 Schedule. The Marketer will begin work on ____________, and the work will end when the project is delivered or ongoing. This Contract can be ended by either Client or Marketer at any time.
1.3 Payment. The Client will pay the Marketer a rate of $____ (USD), Of this, the Client will pay the full rate before the final package is delivered.
1.4 Expenses. The Client will reimburse the Marketer's expenses. Expenses do not need to be pre-approved by the Client.
1.5 Invoices. The Marketer will invoice the Client once. The Client agrees to pay the amount owed within 7 days of receiving the invoice. Payment after that date will incur a late fee of 5.0% per week on the outstanding amount.
1.6 Support. The Marketer will not provide support for any deliverable once the Client accepts it, unless otherwise agreed in writing.
2. Ownership and Licenses.
2.1 Client Owns All Work Product. As part of this job, the Marketer is creating a "work product" for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Marketer works on-(hat is, conceives, creates, designs, develops, invents, works on, or reduces to practice -as part of this project, whether before the date of this Contract or after. The Marketer hereby gives the Client this work product once the Client pays for it in full. This means the Marketer is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as he/she sees fit.
2.2 Marketer's Use Of Work Product. Once the Marketer gives the work product to the Client, the Marketer does not have any rights to it, except those that the Client explicitly gives the Marketer here. The Client gives the Marketer permission to use the work product as part of the Marketer's portfolio and websites, in galleries, and in other media, so long as it is to showcase the Marketer's work and not for any other purpose. The Marketer is not allowed to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
2.3 Marketer's Help Securing Ownership. In the future, the Client may need the Marketer's help to show that the Client owns the work product or to complete the transfer. The Marketer agrees to help with that. For example, the Marketer may have to sign a patent application. The Client will pay any required expenses for this. If the Client can't find the Marketer, the Marketer agrees that the Client can act on the Marketer's behalf to accomplish the same thing. The following language gives the Client that right: if the Client can't find the Marketer after spending reasonable effort trying to do so, the Marketer hereby irrevocably designates and appoints the Client as the Marketer's agent and attorney-in-fact, which the appointment is coupled with an interest, to act for the Marketer and on the Marketer's behalf to execute, verify, and file
the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1.
2.4 Marketer's IP That Is Not Work Product. During the course of this project, the Marketer might use intellectual property that the Marketer owns or has licensed from a third party, but that does not qualify as a "work product." This is called "background IP." Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Marketer is not giving the Client this background IP. But, as part of the Contract, the Marketer is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client's products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP.