Project Contract
This Agreement, is between the Client as filled in via the Contract Agreement Form below, hereinafter referred to as the "Client", and Natalie White, hereinafter referred to as the "Designer" director of Magic Fingers Graphics. The Client and Designer hereby agree to the following terms and conditions:
Project Agreement & Deliverables:
The Client wishes to hire the designer to provide Graphic Design & Branding services and hereby agrees to the project deliverables outlined in their custom proposal document PDF (emailed).
The Designer agrees to complete the project in accordance with the specifications outlined in this Agreement.
Upon completion of the project the client will receive the finished files; (May be JPG, PNG, PDF & EPS) providing there are no unpaid balances.
By digitally 'signing' this contract via the form, the Client accepts that all work produced by the designer is to be used and promoted once the client has made final payment & received files.
Payment:
The Client hereby agrees to pay the designer the sums indicated below:
a. 50% Non-refundable deposit as per their project deposit invoice (emailed) to secure their slot.
b. 50% Remainder payments due upon completion of the deliverables (emailed in process of project).Until the first deposit payment has been made by the client, the designer will not start or produce any work for the project. If the Client fails to pay the deposit within 30 days of the contract date, the agreed slot will be forfeited.
Termination & Cancellation:
The Client can terminate this agreement before the deposit has been paid. Once the client pays the deposit & the designer starts working on the project, the deposit is non-refundable and the client will not be entitled to a refund.
The Client can terminate this project by providing no less than 10 working days written notice to the designer. If the client wants to terminate this agreement for any reason, the client will be expected to settle any final payments for work already done by the designer which will be given in writing to the Client. The client will not be entitled to a refund. If the contract is terminated by the Client, all work legally belongs to the Designer unless otherwise agreed by the Designer. The client is not permitted to recreate the same design or ideas with any other Designer.
The client will be charged for any design work completed up to that point if the project must be suspended due to unforeseen situations in business or personal matters.
If the following circumstances arise the Designer can terminate the project immediately:
a. The Client fails to respond to the Designer emails or messages for 30 regular days.
b. The initial design style/creative direction agreed by the Client changes
c. The Client fails to pay the invoice by the due date (unless communications have outlined why/resolved)
d. The Client is rude, disrespectful or makes offensive comments towards the Designer
e. The Client has received several design options and solutions, but the Client is still dissatisfied and a resolution is not deemed attainable by the Designer.In the unlikely event that the Designer falls ill, becomes unwell, or sustains an injury, rendering them unable to complete the work by the due date, the Client and Designer will mutually agree on the project's status and deliverables. If the agreed-upon time-frame is not acceptable to the Client, they have the option to terminate the project. In the event that no design work has been completed due to these unforeseen circumstances, the Client will receive a full refund of their deposit. The Client will also be billed accordingly for any work completed by the Designer up to that point.
The Client agrees to pay all invoices within 21 days of receipt. If payment is not received within 21 days of the invoice date, the Designer may follow up to receive payment through a collections agency.
Unless the Client and the Designer have reached a different agreement, the Designer provides a single-concept process, which grants the Client one initial concept idea, subject to two revisions. If the Client requires additional revisions or if the Designer deems the work more complex than originally defined, extra charges will apply, and the Client will receive written notification of such charges.
The Client hereby accepts the following design process:
Brand Projects:
a. Brand design projects including 2-3 moodboard concepts for confirming the design direction, subject to two revisions.
b. Upon approval of the moodboard concept, the Designer will present a single visual identity concept, subject to two revisions. All revisions and feedback must align with the initially approved design style. Significant changes in the design style requested by the Client will incur an additional fee and will be outlined as necessary.
c. Once the visual identity has received Client approval, any additional agreed-upon deliverables will be created.
d. The final invoice shall be settled by the Client after all project deliverables have received their approval. Upon receipt of the final payment, the Designer will export all files, prepare the brand guidelines document, and deliver it to the Client within seven days.Web Projects:
a. Web projects are designed and presented as a work in progress - design will follow branding consistency and expand into website.
b. Content is provided by the client, OR by quote to have AI-generated / inspired content by MFG and approved by client, OR written by agreed-upon content-writer (usually at MFG discretion).
c. Images must be approved for use, custom shot photographs or stock imagery purchases - NO images off Google, Pinterest or similar et al, will be used as this is a breach of copyright.
d. Website design iterations may be revised twice if layouts are not approved, but full-scale design changes will be quoted as new design work.
e. Once the website is finished and ready to go live, final payment will be invoiced before made live. The client owns their domain name & website unless it is sponsored by MFG. All websites run through Rocketspark website subscriptions. No responsibility for any incorrect content, pricing, imagery or otherwise is taken by MFG, it is the Client's responsibility to have this correct.The Designer commits to commencing work on the project as outlined via email and to completing the project within a respectable timeframe. The Designer further agrees to meet any milestones or deadlines specified in this Agreement.
Client's Responsibility:
The Client hereby agrees to the following:
The Client must turn up to all video calls and meetings on-time. If the client cannot make the appointment they must let the Designer know within 24 hours of the date. Failure to do so will push the project due date back and may result in project termination.
The Client accepts responsibility for proof reading all design materials, and the designer disclaims any liability for any faults or inaccuracies in the delivered deliverables. Once the project is complete and invoices have been paid, and/or projects printed there will be an extra fee if the Client finds a mistake and requests revisions.
The Client acknowledges that the Designer is not an expert in all cultures, belief systems, and symbolism. If the Client becomes aware of any symbolism, meaning, or connotations within the design that were not previously disclosed and that they find objectionable, the Client must promptly notify the Designer in writing, specifying the concerns during the design process. The Designer will work to address and modify the design during the design process to resolve the issues without additional cost to the Client. However, once the project has been signed off by the Client and the final payment has been made, any subsequent concerns related to unintentional symbolism or meaning will be subject to additional costs for the Client, and the Designer shall not be responsible for post-sign-off modifications or revisions related to such concerns.
The Client must provide feedback on designs sent by the designer within 14 days & failure to do so will push the project due date back and may result in project termination. If the designer has to chase the Client more than [number of times] times and they fail to communicate the contract will be automatically terminated and all payments for completed work will be billed directly to the Client.
The Designer cannot transfer font licenses to the Client. The Client must purchase and pay for their own font licenses to use it commercially. It is not the Designer’s responsibility to pay or provide the font file to the Client.
The Client is in charge of organising their timetable, and any delays brought on by this are not the Designer's fault. If the Client requires more work, or resumed work, to be completed on a rush order that results in the designer making accommodations in their schedule that go beyond typical work hours, then there will be an additional charge at a rush rate, and only accepted based on the designer’s availability. The cost for a rush order will be disclosed in written form to the Client.
Out of Scope
Extra deliverables added will be regarded as outside the project's scope. The Client will need to provide this in writing, and there will be an extra charge
The Designer has the right to decline any additional work requested by the client.
The Designer maintains the right to change the deadline to account for the project's expanded scope if it is decided to add more work to the initial project and deliverables.
Ownership, Rights & Confidentiality, Limitation of Liability, Print Processes
Please see standard terms of trade for these items.
Agreement to project contract
By filling the form out below, it is your digital signature of approval of these project contract terms (above) and standard terms to move forward with your project. If you have any questions along the way, please reach out via email. The date will automatically be applied when submitted.
