Terms and Conditions

1.1 Initial Payment

Client agrees to pay 50% of the total project cost (“Project Total”) as an upfront deposit before the project commences.

1.2 Final Payment

The remaining 50% of the Project Total is due upon completion of the project and before the delivery of final deliverables.

1.3 Project Start

The project will commence only after the Initial Payment is received and this Agreement is signed by both parties.

1.4 Hourly Rate Payments

If the project requires ongoing hourly work, Client agrees to pay hourly invoices at $150/hour on completion of work and receipt of invoice.

2.1 Estimate

The project timeline is an estimate based on the assumption that Client will provide necessary feedback within one (1) business day when requested.

2.2 Delays

If Client fails to provide feedback within one (1) business day, the project timeline will be extended by the same number of days as the delay.

3.1 Unaccepted Proposals

Any proposal, including the Project Total, is valid for two (2) weeks from the date it is issued. If the proposal is not accepted within this period, it must be renegotiated.

3.2 Accepted Proposals

Once accepted, the proposal remains valid through the completion of the project, subject to the terms of this Agreement.

4.1 Definition

Feedback is defined as a written response to questions or requests for information from Company that are necessary to proceed with the project.

4.2 Feedback Delay

Failure to provide feedback within one (1) business day constitutes a Feedback Delay, which will extend the project timeline as outlined in Section 2.2.

5.1 Client Responsibility

Client agrees to provide all necessary content, goals, concepts, ideas, and strategies before the project start date.

5.2 Post-Start Information

Any information provided after the project start date may not be considered during the design process and may result in adjustments to the project timeline and cost, as outlined in Section 6.

6.1 Scope Changes

Any additions, alterations, or changes to the project scope, concepts, or direction beyond the details outlined in the proposal may result in adjustments to the project timeline and/or cost.

6.2 Redefinition

Company reserves the right to redefine the project timeline and/or cost in response to change requests.

7.1 Company Default

Company will be in default if it fails to complete the project by delivering the agreed-upon deliverables as defined in the proposal.

7.2 Client Default

Client will be in default if they:

• Fail to provide feedback for seven (7) business days, or
• Fail to make payments according to the Payment Schedule

8.1 Client Termination

If Client terminates this Agreement for reasons unrelated to default, ownership of all copyrights, concepts, and original artwork shall remain with Company. Client agrees to pay for all expenses incurred up to the termination date.

9.2 Retained Rights

Until full payment is received, Company retains ownership and copyright of all deliverables.

9.3 Portfolio Use

Company retains the right to display deliverables in its portfolio and submit them to online galleries for promotional purposes.

10.1 Indemnification

Client agrees to indemnify and hold harmless Company against all claims, expenses, and attorney's fees arising from uses for which no release was requested or uses that exceed the authority granted by a release.

11.1 Written Agreement

Any modifications to this Agreement must be in writing and signed by both parties. A new version of the Agreement must be implemented following standard documentation and approval procedures.

12.1 Client-Modified Files

Company reserves the right to decline working with client-modified versions of Company's work.

13.1 Original Work

Company warrants that, to the best of its knowledge, all work is original, has not been previously published, or that consent for use has been obtained.

13.2 Client Responsibility

Client agrees to hold Company harmless for any liability arising from Client's use of deliverables that infringe on the rights of others.

14.1 Exclusion of Damages

Client agrees that Company shall not be liable for any incidental or consequential damages arising from delays or failures to perform, whether caused by Company, Client, or third parties.

15.1 Arbitration

Any disputes exceeding the small-claims court limit shall be resolved through binding arbitration under the rules of the American Arbitration Association.

15.2 Costs

The losing party shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award.

17.1 Binding Agreement

By paying for and utilizing Company's services, Client agrees to be bound by this Agreement.

17.2 Governing Law

This Agreement is governed by the laws of the United States and the State of Washington.