Proposal Terms and Conditions


The terms of Proposals expires 30 days after being submitted to Client. If Proposal expires, Designer may modify the Proposal and resubmit it to Client.

A deposit of 50% of the total estimated cost (plus tax) is due be fore work is scheduled. A final invoice will be issued upon completion of all tasks outlined under Project Description. All invoices are payable within 15 of receipt. Invoices shall list any expenses and additional costs as separate items.

A monthly service fee of 1.5% is payable on all overdue balances. All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.

If Client wants to change the Scope of Work (Project Description) after acceptance of this Proposal, Client shall send Designer a written Change Order describing the requested changes in detail. Within 3 business days of receiving a Change Order, Designer will respond with a statement proposing designers availability, additional
fees, changes to delivery dates, and any modification to the Terms and Conditions. Client will be billed on a time and materials basis at Designers hourly rate of $80 per hour. Such charges shall be in addition t o all other amount payable under this Proposal, despite any maximum budget, contract price or final price identified. Designer may extend or modify any delivery schedule or deadlines in the Proposal as may be required by such changes. Client will have 15 days to respond in writing accepting or rejecting the new proposal. If Client rejects the proposal, Designer will not be obligated to perform any services beyond those in the original Agreement.

Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables. Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of
government after the date of agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics.

Client shall, within a reasonable time after receiving each Deliverable, notify Designer in writing of any failure to comply with the specification of the Project Proposal or of any other objections, corrections or changes required. Designer shall correct and submit a revised Deliverable to Client. Client shall either approve the corrected version or make further changes.

Upon final payment, Client will obtain license to use all created material. Designer will provide any files and logins as needed, and keep original graphics on file for up to two years. Designer will retain the rights to use material in portfolios and other marketing efforts.

All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed t o perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.

This agreement shall begin when both parties sign and shall continue until all Services are complete and delivered, or until the agreement is Terminated. Either party may terminate this agreement at any time, on 15 days prior written notice if the other party breaches any of its material responsibilities or obligations under this Agreement and fails to cure that breach during that 15 day period. Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it. In the event of termination, Client shall pay Designer for the Services performed through the date of termination in the amount of a prorated portion of the fees due. Client shall pay all Expenses, Fees, and Additional Costs incurred through the date of termination.