Last updated: December 27, 2020

Design Process

First Round

The first round of editing begins once the Designer sends the Client the first draft of the project, the Client receives the document AND provides feedback. The Client has a certain timeframe to submit ALL first round changes via the written form of an e-mail, which will be provided to the Designer. This e-mail should include all changes necessary to finalize the project. The Designer will complete edits within a certain timeframe.

If the Client does not communicate with the Designer with in the agreed upon timeframe, the project will considered complete and the final invoice will be due.

Final Round (Second Round

The final round of editing is similar to the first, in that it begins once the Client the first draft of the project, the Client receives the document AND provides feedback. The Client has a certain timeframe to submit ALL first round changes via the written form of an e-mail, which will be provided to the Designer. This e-mail should include all changes necessary to finalize the project. The Designer will complete edits within a certain timeframe.

If the Client does not communicate with the Designer with in the agreed upon timeframe, the project will considered complete and the final invoice will be due.

Additional Changes

Any additional changes after the two rounds, or outside of the allotted time frame, will require addition fees.

Content Requirements

Text

The Designer is not responsible for writing and/or editing provided text, unless otherwise specified. Although any mistakes made on the Designer’s behalf will be adjusted, at no cost to the Client.

Photographs/Logos

In order to produce high-quality design, we require all photographs, logos, and/or any other Web elements to be in the appropriate, high-quality format. If you require the use of photos and cannot provide them, any associated cost with those images will be applied to your total balance. If the Web Designer has concerns as to whether the Web design element will be suitable for the design project, they have the right to deny use of said element.

Payments

If the project exceeds one hour of service, the payment schedule will be broken into three payments, which is 33.3% of the project total, to be completed as described below:

Non-refundable Deposit

In order to begin services, a 33.3% non-refundable deposit is required, unless otherwise agreed upon. Any dates projected reflected in the contract will be subject to the completion of payments AND the length of time taken to review each change, then adjusted accordingly.

Mid-Point Payment

The mid-point payment is the second payment that must be completed at the half way point of the project. This payment will be expected after the 1st round changes are submitted OR by the half way point of the projected completion date.

Remainder Fee

The remainder fee must be completed once the project has been approved by the Client, prior to the final release of any official project files. Additionally, unpaid invoices must be paid in full before any other projects can be completed.

Returned Checks

Returned checks are subject to a $50.00 returned check fee, in addition to the face value of the check. Client assumes responsibility for any and all collection costs and legal fees incurred by the Web Designer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

Copyrights

The Client guarantees that all provided content of text, Web elements, photography, trademarks, etc. provided to the Designer are either owned by the Client, or that the Client has permission to use them.

All copyrights are kept with the Designer until full payment has been completed. Once the full payment has been complete, the copyright agreements are as follows:

• The Client owns the visual elements created for the project and will be provided with the high resolution source files that should be kept somewhere safe, as the Web Designer is not required to keep a copy.
• The Designer will own the completed design, which will be licensed to the Client, exclusively for this project only, unless otherwise agreed upon. This design CAN NOT be resold. This does not apply to the use of the design by the Client on products, goods, or printed materials, etc.
• The Designer reserves the right to use the design for marketing purposes, unless otherwise agreed upon

Liability Disclaimer

Design is a form of art and we understand that you may not like everything our designers create, which is why we encourage all of our prospective Clients to take the time to review our current portfolio which is available online at www.tkconsultingdesign.com. When making your final decision to utilize our services, we ask that you are completely satisfied with our portfolio. Once the contract is initiated through the completion of the contract and deposit, we will go the full gamut of the project.

Ultimately, our goal is to produce exceptional work that will lead to happy customers. We will do whatever we can, within the boundaries of this agreement, to make that happen.

The Designer is not liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages. If any provision of this contact is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and will not effect the validity and enforceability of any remaining provisions.

Failure to Perform

If the Designer is unable to produce the deliverables based on the agreed upon specifications provided by the Client and agreed upon in the contract, the Client will be refunded for the project cost, less the non-refundable deposit.