Retainer Terms & Conditions
?CONFIDENTIALITY The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that: is already known to the party to which it is disclosed; is or becomes part of the public domain without breach of this Agreement; is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
FEES & ADDITIONAL SERVICES: Changes in client input or direction or excessive changes will be charged at $95 per hour. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of this agreement, will be considered an additional service. Such Work shall require client approval by way of a separate Service Agreement and payment. There are no refunds on deposits. Deposit is Non-Refundable. However if a refund is granted at Consultants discretion, a refund will be granted minus $100/project hour of work already performed on defined ‘Work’; this can result in a negative balance on clients account if refund does not cover hours already spent on project.
EXPENSES: Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Research, Shipping, Software, Stock photography, Travel) These expenses will only accrue prior to the approval of Client.
ASSIGNMENT OF WORK: Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.
RESERVATION OF RIGHTS: All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.
PERMISSIONS AND RELEASES: The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
PUBLICATION: The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.
COPYRIGHT NOTICE: Copyright is in Consultant’s name, and will be released upon completion of Work.
TERMINATION: In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
This Agreement shall be governed by and construed in accordance with the laws of Arizona applicable therein.