Service Agreement
The client agrees that Rocking Moose Design Company shall provide services to design and create, to the best of our abilities, in accordance with the design services agreed upon. The client agrees and understands that the type of work we will produce will be of similar style and caliber to the examples shared on our website.
Deposit
The client shall submit a deposit of 50% of the design service total with this signed contract to initiate the design process. This deposit will be applied to the design service total. The deposit and any money received by Rocking Moose Design Company is NON-REFUNDABLE. If the job is cancelled before completion, all money’s received shall be kept as compensation for work completed. If the service is postponed, all money's received shall be kept by the Rocking Moose Design Company.
Changes
At specified times during the design process, three rounds of changes are granted. After three, the client will be billed at an hourly rate. The client shall be responsible for making additional payments for changes requested by the client that exceed the original agreement. However, no additional payment shall be made for changes required to conform to the original assignment description. If the client does not meet the designated deadlines required to continue service, the client's design service is no longer at the top of our production list.
Final Payment
Final payment is due when the client and Rocking Moose Design Company agree upon design completion. At that time, the client will be billed for payment. Upon receipt, Rocking Moose Design Company will deliver design files and/or materials in a timely manner.
Artwork and Maintenance
After final payment is received for company branding and website design, Rocking Moose Design Company will transfer art files and website code to the client's servers. Rocking Moose will then launch the website at an agreed upon time. At no extra cost, Rocking Moose Design Company will offer support and maintenance to the client's website, according to the original assignment description, for 30 days after website launch. Any maintenance or support needed thereafter will be billed at an hourly rate.
Printed Materials
Company branding and website design will be billed separately from printed materials, though this contract applies to all transactions.
After Rocking Moose Design Company has collected final payment for the contracted branding and website design, Rocking Moose will accept a deposit to begin designing printed materials. The same payment structure applies for printed materials: 50% of project total is required as deposit to begin designing. The remaining 50% is required as final payment after approval of design proofs, at which point product orders will be placed.
If the product orders are cancelled by the client after design has begun, the deposit will not be refunded. Prices for services and products are valid for a period of ninety days after the signing of this contract. The total balance due for any orders placed must be paid in full prior to any products being ordered. Once the client approves the proofs for any products, no refunds will be given.
Modifications
Modifications of the Agreement must be written, except that the invoice may include, and the client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
Cancellation
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Rocking Moose Design Company, and a cancellation fee for the work completed, based on the contract price and expenses already incurred, shall be paid by the client.
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Copyright
The client agrees that Rocking Moose Design Company retains the right to use designed artwork and materials to promote the style of design and materials we offer. This is including, but not limited to: website, blog, internal and external promotional material, and product demos. Rocking Moose Design Company retains ownership of all original artwork, whether preliminary or final. The final artwork, once approved, shall be used for any and all advertising needs for the client specified in this contract.
The grant of any license or right of copyright is conditioned on receipt of full payment. Before such time, it is a violation of federal copyright law for the client to allow designs created by Rocking Moose Design Company to be digitally reproduced, reprinted, duplicated, copied, scanned, or altered without our written permission.
Credit Lines
Rocking Moose Design Company and any other creators shall receive a credit line with any editorial usage.
Uniform Commercial Code
The above terms incorporate Article 2 of the Uniform Commercial Code.
Code of Fair Practice
The client and the Rocking Moose Design Company agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of Chapter 1, Professional Relationships).
Warranty of Originality
Rocking Moose Design Company warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not bee previously published, or that consent to use has been obtained on an unlimited basis, that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Rocking Moose Design Company does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the client or others does not extend to any uses that the client or others may make of the designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the designer harmless for all liability caused by the client’s use of the designer’s product to the extent such use infringes on the rights of others.
Limitation of Liability
The client agrees that it shall not hold Rocking Moose Design Company or his/her agents or employees liable for any incidental or consequential damages that arise from the designer’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the designer or a third party.
Releases
The client shall indemnify the Designer against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Dispute Resolution
Any disputes in excess of $500 arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the designer.
Thank you in advance for adhering to these policies and respecting the value of our work.
Sincerely,
Randy & Erin Hill
Rocking Moose Design Company
The client has received, read, and agrees to all terms of copyright in this contract and agrees to relay the details of this contract to all subjects involved in the design experience. The undersigned have read and agreed to all terms and conditions on all pages of this agreement.
Payment Breakdown:
Deposit: $400
Final Payment: $400
Subtotal: $800.00
Sales Tax: $0.00
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