The Client wishes to hire the Designer to developing branding for their business. The specific requirements and necessary details are as follows (the “Project”):
1. Create a branding packaging, including a logo and alternate logos. Produce brand guidelines detailing fonts, colours, icons, patterns and visual assets. Using the branding, make a business card design, producing print ready files that the client can print anywhere.
Cost & Payment.
The Parties agree to the following Payment and Payment Terms:
TOTAL Design Project Cost: $650
Initial Deposit (Due upon execution of the Agreement): $325
The remaining balance will be due upon the Designer’s completion and the Client’s acceptance of the Project.
Payment to be made by direct deposit or via website.
The Parties agree to the following schedule:
The client will be sent a branding questionnaire in which the client will provide information and inspiration images to the designer. These are essential to make sure the client and the designer are on the same page with regards to the style of feeling of the brand.
Upon receiving the completed survey the designer will send first drafts within 1 week. Feedback and edits to be completed in the second week and the final finals available in the 3rd.
In the interest of shared exposure, the Client will share a social media post after releasing the new branding crediting the design to Dahlia Creative and link to the Designer’s social media. The Designer will also share the completed work to social media linking back to the Client’s social media account.
During the course of this Agreement, it may be necessary for the Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to the Designer in order for the Designer to complete the Website in its final form. The Designer will not share any of this proprietary information at any time, even after the Agreement is fulfilled. The Designer also will not use any of this proprietary information for the Designer’s personal benefit at any time, even after the Agreement is fulfilled.
The Client continues to own any and all proprietary information it shares with the Designer during the term of this Agreement for the purposes of the Project. The Designer has no rights to this proprietary information and may not use it except to complete the Project.
Upon completion of the Agreement, the Client will own the final branding design.
The Client agrees to allow the designer to display any completed work in their portfolio.
The Client does not retain access to any of the drafts or edits that do not become part of the completed Branding Package.
Representations and Warranties.
The Designer represents and warrants that they have the right to enter into and perform this Agreement. The Designer further represents and warrants that they have the right to utilize and distribute the designs created for the Client and that such designs are not owned by anyone else to the Designer’s knowledge. In the event that the Designer does not have these rights, the Designer will repay any associated damages the Client may experience or will take responsibility so that the Client does not experience any damages.
The Client represents and warrants that it has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to the Designer to be included in this Branding. In the event that the Client does not have these rights, the Client will repay any associated damages the Designer may experience or will take responsibility so that the Designer does not experience any damages.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
The Parties may not assign their rights and/or obligations under this Agreement unless both Parties agree to the assignment in writing.
The Client can terminate the Agreement by giving written notice: (a) if the Designer commits any material breach of this Agreement and fails to correct the breach within seven (7) days of notice of the breach; or (b) if there is any repeated failure by the Designer to execute the Project in an acceptable standard and to the reasonable satisfaction of the Client.
The Designer can terminate the Agreement by giving written notice: (a) if the Client fails to make the payments required and set forth in this Agreement within five (5) days of notice of failure to make a payment; or (b) if the Client commits any other material, non-financial breach and fails to correct the breach within ten (10) days of notice of the breach.
The Parties agree that this Agreement shall be governed by Australian law. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation. In the event that a dispute cannot be resolved through good faith negotiation, the Parties agree to submit to binding mediation or arbitration. In the event of Arbitration and/or Mediation, the prevailing party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees. If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.
All notices under this Agreement must be sent by email, with a read receipt request, or be acknowledged by reply email.
The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows: