Logo design agreement: what’s included with your Graphic D-Signs design contract.
LOGO DESIGN AGREEMENT TERMS AND CONDITIONS
The purpose of this agreement is to clarify the financial arrangement and obligations of Graphic D-Signs, Inc. (“GDS”) and you, the client (“Client”) who is hiring GDS.
Logo Format and Delivery
Upon completion and subject to the Payment Schedule set forth below, GDS agrees to deliver the Client’s final approved logo in both color and black and white in the following file formats: EPS, PDF, AI, JPG. PSD, PNG, TIFF and BMP. Client’s ‘Logo’ is understood to mean the logo as one unit, and the files will be prepared as such. Requests to deliver components or ‘pieces’ of the logo elements separated individually (i.e., icon by itself, type/text by itself) would be billed additionally at a rate of $90/hr.
Due to copyright laws, GDS is legally prohibited from providing to the Client, or Client’s vendors any font files which may have been used in the creation of Client’s logo, but GDS can identify where such font files can be purchased by the Client.
Turnaround time for 1st drafts of logo concepts is approximately 7-10 days after the following: (1) approval of your proposal, (2) your creative brief has been review by GDS, (3) receipt of your deposit. Client will be advised if these estimated timelines will be exceeded. Some events beyond control of the designer may affect the delivery of the 1st drafts of logo concepts, such as the Client delaying in signing off on proofs, changes (Author’s Alterations) made in the creative brief or direction, and other unforeseen catastrophic events.
GDS reserves the right to modify any time deliverables included within the scope of work covered under this Agreement, and the Client agrees that there shall not be any liquidated damages assessed against GDS in such event. The Client understands that the demands of other GDS clients, delays in receiving the Client’s feedback on this project, or other circumstances beyond the control of GDS including, but not limited to, power outages, internal computer malfunctions, or the unavailability of employees due to health or other reasons, may require GDS to reprioritize its work schedule from time-to-time. GDS will exercise its best efforts to notify the Client in advance if GDS foresees that it will not be able to meet a specific deliverable date.
A deposit of 2/3 at contract signing is due, with the balance due upon completion of the logo. Upon payment in full, GDS shall release all logo files within 72 hours of receipt.
Modifications on logo designs include approximately three (3) “rounds” of edits and these included revisions are considered reasonable and expected, so long as they fall within the budgeted time as defined in the above proposal or scope of creative brief. Revisions beyond this point or that exceed the defined design hours in the above proposal will be billed additionally and will be determined at the discretion of GDS.
Additional revisions beyond three (3) rounds must be agreed upon in writing before GDS will begin performing any additional work.
Additional revisions, when approved in writing by the Client, will be considered in addition to the agreed logo design fee and will be invoiced at the hourly rate of $135/hr. The client agrees to pay GDS an additional deposit of $250 for any additional revisions agreed to in writing. Client agrees and understands that GDS shall not be obligated to perform additional services until such time client pays the additional $250.00 deposit to GDS.
GDS shall retain all copyright © ownership of all logo ideas, camera ready artwork, and electronic versions of artwork until such time as Client delivers the balance due under this proposal plus any balance due for additional revisions billed at the hourly rate of $135/hr.
The Client understands and agrees that Client will not obtain, nor can the Client claim, any ownership rights in any logo ideas, camera ready artwork and electronic versions of artwork created by GDS unless and until the Client pays all fees due to GDS. When Client has paid all fees due to GDS, at that point Client will maintain ownership and rights ONLY to the design which Client has selected. Any unused concepts, sketches and ideas will remain the sole ownership of GDS.
The Client understands that GDS shall not be held responsible if artwork created infringes on a copyright or trademark in existence already, and agrees to hold GDS, its offices, shareholders, employees, agents and/or subcontractors harmless against any and all claims arising from the creation of said logo. GDS recommends that if the Client wishes to copyright or trademark their logo, the Client should consult with a copyright attorney for such purpose. The Client is responsible for its own legal fees in connection with any copyright or trademark application.
Limitation on Liability
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the Project, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages. Client agrees to hold harmless GDS for any and all claims that may result from this Project.
Authorization to Display Logo Offline/Online
GDS shall retain the right to display logo covered under the scope of this Agreement in its portfolio of work (both online and off line) and social media channels unless the parties mutually agree otherwise in writing.
If the Client terminates or cancels this Agreement after GDS has delivered any design work and/or concepts to the Client, the initial 66% deposit shall be deemed non-refundable and, in addition, the Client shall pay GDS a $250.00 cancellation fee. The Client acknowledges and agrees that GDS shall be, and hereby is, authorized to charge the $250.00 cancellation fee. For cancellation to be effective, the Client shall fax written notice of cancellation to GDS at 866-274-6880, Attn: Dan Antonelli.
In the event of cancellation by the Client
- All materials including preliminary designs delivered to the Client to date (in connection with this project) shall immediately be returned to GDS unless the Client pays GDS the full fee set forth in this Agreement.
- Use of work done in connection with the project without the consent of GDS could result in additional fees or legal action.
- GDS shall retain ownership rights to all original artwork, preliminary designs, drafts, digital files, disks or CDs prepared in connection with the project unless the Client pays GDS the full fees due under this Agreement, at which time the Client will have rights to their chosen logo. All rights for unused concepts and logos remains the property of GDS.
- This proposal is governed by New Jersey law.
- Should any disputes arise between the client and GDS, the Client consents that jurisdiction to resolve any and all disputes shall lie in the Superior Court of New Jersey, Warren County, New Jersey.
- In the event the Client is in default of its obligations to GDS, or if GDS is the prevailing party in any litigation regarding any dispute with the Client, the Client agrees to reimburse GDS for all costs of collection, including reasonable attorney’s fees, expert fees, and costs of suit.
- Interest on any balances due past 30 days shall accrue interest at the rate of 1 1/2% per month, or 18% per annum.
- This Agreement sets forth the entire agreement of the parties with respect to the transaction(s) set forth herein. This Agreement may only be amended in a writing signed by both parties. The parties to this Agreement are independent contractors, and nothing contained herein creates an agency, partnership, joint venture, or employment relationship between the parties. Individual may not assign this Agreement or any right, interest or benefit hereunder without GDS’s prior written consent. This Agreement shall bind the parties and their respective permitted successors, heirs, and assigns.