This contract is an offer by ‘John Dobie Design’ to Client ‘Yourself’ for the Designer to provide creative Work as requested by Client.
Client requests Designer to create what’s outlined in the quote only. Work includes only the final, deliverable art, and not any preliminary Work or sketches. This work is for it’s intended purpose, reselling artwork is strictly prohibited unless permission is asked.
50% of the total fee is required before any services will be rendered, and the remaining 50% is payable within 14 business days of receipt. A $50 service charge is payable on all overdue balances for reissuing each invoice at 30, 45, and 60 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.
The fees and expenses shown are minimum estimates only unless an hourly fee has been agreed upon. That fee will be $60 per hour and Designer shall provide the Client of a tally of hours within a reasonable period of time upon request if such is the measure of the fee. Final fees and expenses shall be shown when invoice is rendered.
4. Grant of Rights
Designer agrees to the perpetual license of the right to display and transmit Work to Client, excluding the right to authorship credit, modification, and resell, which is retained by Designer. Designer agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.
The fee for Work is refundable pending only upon Designer’s breach of contract. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, shall be paid by the Client. If the project is on an hourly basis the and project is canceled by Client, Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
6. Limitation of Liability
Client agrees that Designer will not be liable for any incidental or consequential damages that arise from Designer’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
7. Dispute Settled by Arbitration, and Governing Law
Any dispute under or about this Agreement must be submitted to and resolved by arbitration through the arbitration services located through the NSW Local Small Claims Court. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of New South Wales, in the country of the Australia.
8. Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Designer as sender and Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Submission of the form below shall be considered legal and binding.