Smashing eBook_ Professional Workflow for Web Designers - Luke Reimer [20]
All invoices are due within 30 days of email notification that they have been sent. The Client shall assume responsibility for any costs associated with defaulting in payment, including a $200.00 surcharge on invoices unpaid beyond the period of 30 days.
MAINTENANCE AND ONGOING FEES:
Upon completion of the project and full payment of the fixed fee, the Consultant agrees to remain reasonably available for web site maintenance at the request of the Client at a fee of $80.00 per hour. Advanced work of a large scope may result in additional flat-rate contracts.
DATES:
Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.
Project Start Date: ______________
EXPENSES:
Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation).
ASSIGNMENT OF WORK:
Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion at the Consultant’s discretion.
RESERVATION OF RIGHTS:
All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.
PERMISSIONS AND RELEASES:
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
CHANGES AND REVISIONS:
Any major revisions, changes, or expansion of scope beyond the original work order or creative brief will alter both the time and cost of the project. Both Client and Consultant hold the right to identify an expansion beyond original scope, at which point both will discuss revisions or additions to this contract.
ORIGINAL WORK & LIABILITY:
All work put forth by the Consultant is, to the best of the Consultant’s knowledge, original work or resources under the public domain licensed for redistribution under commercial contract. The Client will not hold the Consultant liable for any damages caused by the work itself or a failure to complete the work in a timely manner.
PUBLICATION:
The Client may publish or disclose information regarding the Work and can acknowledge the support of and relationship with the Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.
The Consultant, in addition to subcontractors, reserves the right to list CLIENT in a portfolio context with a clear description of the work accomplished as well as an accurate description of individual roles within the project.
COPYRIGHT NOTICE:
Copyright is in Consultant's name. Upon completion of Work, the copyright will only be released to the Client upon the Consultant's signing of the Release of Copyright.
TERMINATION:
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights