Terms

While it might not be much fun to read a boring list of terms and disclaimers, this information is here to protect me as a small business, and you as a client. I highly recommend reading this entire list at least once so you understand the agreement. You may also check back on occasion, because periodically these terms may be modified to address issues that have been brought to my attention.

By hiring Chriswerx for Design or Motion Graphic work (hereafter referred to as a PROJECT), you agree to the following terms & conditions:


1. Informal Contracts & Project Request

In most situations all that is needed to start the process of your project is a verification that you actually want me to start work on said project. That usually comes after the initial discussion of project ideas or specifications. This verification can come through an email, phone conversation, or text message, and usually includes a rough delivery date or deadline. Once this verification to start is received you are liable for the invoice for that project, whether you take delivery or not. Please view the following Payment on Abandoned Projects for more detailed information.

If needed, a written contract can be made and signed by both parties, however, the “verbal handshake” has worked well up to this point. New clients are asked to put down a deposit for the first project or two until a relationship of mutual trust can be formed.


2. Compensation Calculation

Compensation for time is based on an hourly rate. The current rate can be found here: Current Pricing.

Estimates for projects are as close as possible to the anticipated time to complete, but again these are ESTIMATES. The final invoice for the item may be slightly higher or lower depending on the time that was spent on it (including photo enhancements/manipulations, time spend recreating elements/logos, searching for the perfect stock/supplied images, etc.)


3. Invoicing & Payment

Invoices are sent electronically by email twice per month, on the 1st and 15th (or there a bouts, depending on where weekends fall). Invoices include the date created, a comprehensive list of the projects completed & their dates, and also the due date for the payment. The due date is roughly 30 days from the invoice creation date.

I feel 30 days is plenty of time to be able to send a payment for services rendered. PAYMENTS RECEIVED AFTER THE DUE DATE ARE SUBJECT TO A LATE FEE OF 5% OF THE INVOICE TOTAL OR $25.00, WHICHEVER IS GREATER. If an invoice goes over 30 days past the due date, all work will cease on any other projects we have open, and the usage rights for the unpaid projects will be revoked (up to and including a copyright infringement suit in extreme cases).


4. Payment on Abandoned Projects

If you have given verification to start production on a project, you will be responsible for making payment on that project, even if you do not use it, or take delivery of it.

Projects up to $100.00 are due in full. Projects over $100.00 are liable for 50% of the project total, with a minimum due of $100.00.

If I am unable to complete a project for whatever reason (within reasonable bounds), you are not liable for making payment.


5. Copyright, Liability, Usage & Attribution

The general rule of thumb is that as the client, and having paid for a project, you have the right do display your created work where, and however you like. As the designer I reserve the right to be able to display the projects, or excerpts from projects in my portfolio as examples for other clients to gauge my services. I would also ask that if someone asks you who the designer or artist was for one of the projects we worked on, you would kindly give them my contact information. I do very little advertising so word of mouth is an important part of my business livelihood.

The one limitation to this  is the use of a stock image or element. I purchase most of my stock from depositphotos.com because I feel they have they have the most liberal usage restrictions. You can see the standard license (which covers 95% of projects) here: Depositphotos Standard License Agreement.

I always try to follow copyright laws and fair use policies. I am not liable for any lawsuits brought against you or damages by intentionally or accidentally violating copyright law if you:

  • Use a copyrighted element in your project without authorization.
  • Use a project in a way not allowed by a license agreement.
  • Copy a protected design without authorization.

5. Original & Layered Files

I do not deliver original or layered files as part of a normal project. Delivered files are usually flattened in a production ready state. If you have a project that requires the delivery of an editable file please make sure to mention that up front as there is an additional charge for that. Original and editable layered files are and additional $75.00 per file requested.

Any Stock Photos that are purchased as part of a project are only to be used for that project and CANNOT be removed from the original file for use in any other application. If you would like that as an option it will require an Extended License Stock Image.


If you would like clarification, or have a question about something you don’t see mentioned, please Contact Me!

Ready to chat? Please get in touch with any questions.

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