Confidentiality The Designer (Miss Desu Desu aka MDD) hereby acknowledges he/she may be involved in or become aware of information that relates to the client on a personal level including information related to the client’s past, future, present, customer names, marketing plans, project information, and financial documents.
The Designer agrees to protect all the above information and keep any information obtained confidential. However, the Designer will be permitted to display final work on their website or in promotional materials.
Logo Terms of Service:
Concepts: Within 10 business days of receiving your company information and deposit Miss Desu Desu will create a logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, MDD will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to two rounds of revision are included in quoted price. Further revisions will incur additional costs at MDD current hourly rate.
File Delivery: After the final logo design is approved, the logo design to you as a digital files (.jpg, .pdf, and .eps graphics file formats).
Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. MDD retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives MDD permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).
Payment: In return for logo design, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final logo design is approved but before it is delivered. The client understands that the final logo design belongs to MDD until paid in full. In the event of termination of this Agreement, MDD owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, MDD owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that MDD reserves the right to display the logo for business promotional use.
Originality: MDD affirms that our logo designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Delays: Illness, injury, or other events beyond MDD control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, MDD fails to complete the Logo within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, MDD shall retain the deposit.
Performance Liability: MDD does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will MDD be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if MDD has been advised of the possibility of such damages.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.
Print Design Terms of Service
Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.
Concepts: Within 10 business days of receiving your company information and deposit, MDD will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at MDD current hourly rate.
Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. MDD retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives MDD permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).
Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered. The client understands that the final design belongs to MDD until paid in full. In the event of termination of this Agreement, MDD owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, MDD owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that MDD reserves the right to display the logo for business promotional use.
Originality: MDD affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Stock Photography: MDD agrees to provide up to 5 stock photos during the web design process. Any photos acquired by MDD for inclusion in the client’s website remain the property of MDD and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.
Delays: Illness, injury, or other events beyond MDD control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, MDD fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, MDD shall retain the deposit.
Performance Liability: MDD does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will MDD be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if MDDhas been advised of the possibility of such damages.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.
Book Cover Terms of Service
This contract is between MissDesuDesu (“Artist”) and Client (“Author, Client”) for the purpose of designing and creating a digital book cover (eBook) (“Work” or “Book”). The Client and Editor may be referred to herein individually as a “Party” or collectively as the “Parties”. This contract is entered into in good faith and upon signature by the Parties indicates acceptance of this contract and the terms described herein.
The Client agrees to pay the Artist all sums due per cover. Fifty percent (50%) of the first cover will be payable upon signing contract, with the balance of remaining payment due within seven (7) business days of the Author cover design. Payment will be made via PayPal. Final Cover templates will be released to the Client after receipt of final payment.
The Artist:
i. Declares She has obtained all proper rights or licenses for all images used in creation of the Work.
ii. Shall transfer her copyright of the Work to the Client upon final payment receipt.
iii. Retains the right to include the Work in her online portfolio or business promotion.
iv. Acknowledges she does not own or have right or title to the Book containing the Work, nor to receive any royalties on Book(s) sold, or derivative works containing the Work.
v. Agrees to treat all information about the Book’s content as Confidential and not cause or permit such Confidential Information to be disclosed to any third party, until the book is published online by the Author.
The Artist hereby represents and warrants:
i. She is the creator of the Work.
ii. The work does not infringe any copyright, privacy rights, or legal rights of a third party.
iii. The Work does not contain any unlawful material.
The Parties:
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
Artists&Clients
