twtdesign Terms & Conditions

This agreement (the “Agreement”) is made on “Date” by and between the “Client” and the “Designer.” In consideration of the mutual agreement made herein, both parties agree as follows:

Work: The Designer agrees to produce project materials (the “Work”) at the request of the client for fees agreed upon in advance and delivery of the Work by an agreed-upon deadline. Designer agrees that he will be the sole author of the Work, which will be original work and free of plagiarism. Designer will cooperate with Client in editing and otherwise reviewing the Work prior to completion and launch.

Confidentiality: Designer acknowledges that he may receive or have access to information, which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Designer can display materials and final work created for Client on the Designer’s website (http://www.twtdesign.com).

Compensation: Client agrees to pay Designer 50% of the total project cost before any services are provided, and the remaining 50% is to be paid before any workable files are delivered. If the parameters of the Work change, or if it involves more time than estimated, Designer will inform Client and they can renegotiate the Work’s cost. Designer is responsible for the payment of all federal, state, and/or local taxes with respect to the services he performs for the client. The Client will not treat Designer as an employee for any purpose.

Client Approval: Upon acceptance of the Work, Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) Designer is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.

Cancellation: Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Designer. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Designer retains ownership of all copyrights and original work created.

Acceptance of Terms: Client promises to pay for the services rendered by Designer for the Work as agreed upon. By signing, Client agrees they have read, understood, and are considered legally bonded to these terms.

Logo Design

Concepts: Within 7 business days of receiving your company information and deposit, twtdesign will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, twtdesign will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at twtdesign’s current hourly rate.

File Delivery: After the final logo design is approved, the logo design to you as a digital files (.jpg, .pdf, and other graphics file formats).

Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. twtdesign retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives twtdesign permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

Payment: In return for logo design, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final logo design is approved but before it is delivered. The client understands that the final logo design belongs to twtdesign until paid in full. In the event of termination of this Agreement, twtdesign owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, twtdesign owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that twtdesign reserves the right to display the logo for business promotional use.

Originality: twtdesign affirms that our logo designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.

Delays: Illness, injury, or other events beyond twtdesign’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Termination: The client has the right to terminate this Agreement if, twtdesign fails to complete the Logo within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, twtdesign shall retain the deposit.

Performance Liability: twtdesign does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will twtdesign be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if twtdesign has been advised of the possibility of such damages.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Print Design

Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.

Concepts: Within 7 business days of receiving your company information and deposit, twtdesign will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at twtdesign’s current hourly rate.

Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. twtdesign retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives twtdesign permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the design (https://www.copyright.gov/) and/or trademark (https://www.uspto.gov/trademark).

Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered. The client understands that the final design belongs to twtdesign until paid in full. In the event of termination of this Agreement, twtdesign owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, twtdesign owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that twtdesign reserves the right to display the logo for business promotional use.

Originality: twtdesign affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.

Stock Photography: twtdesign agrees to provide up to 3 stock photos during the web design process. Any photos acquired by twtdesign for inclusion in the client’s website remain the property of twtdesign and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.

Delays: Illness, injury, or other events beyond twtdesign’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Termination: The client has the right to terminate this Agreement if, twtdesign fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, twtdesign shall retain the deposit.

Performance Liability: twtdesign does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will twtdesign be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if twtdesign has been advised of the possibility of such damages.