Euforic Design Contract Terms & Conditions

You are engaging Euforic Design as an independent contractor for the specific purpose of graphic design, web design, and/or print design services, as specified per your signed proposal


The Process

A non-refundable deposit of at least 50% of your quote must be paid, and this contract must be signed, before the design process will begin. This applies to all and any type of design services being provided. Website work not being hosted by Euforic Design and Print jobs being printed by Euforic Design must be paid in full up-front (unless otherwise specified).

It is recommended that the client have all desired information and content well thought out and prepared, prior to beginning the design process. This will help to avoid additional fees after the allotted revisions (as specified per your signed quote) have been used.


After we have completed the Creative Brief and determine the scope of your project, we will begin the design process which consists of three (3) basic stages: 

 

  1. Concepting Stage: We will present the initial design concept(s) to be reviewed (within 2 - 4 business days). These are sent via email and you just simply click on a weblink and a pdf. will pop-up. Each concept will be based on what was discussed in the initial meeting. Please note that these are "rough" ideas and not meant to be the final design, only to get direction.

     

  2. Production Stage: The client will be asked to review the concept(s) carefully and discuss likes and dislikes. If multiple concepts are presented, the client will be asked to choose one concept to go forward with. A certain number of revisions may be allotted to the design. Please note that the term “revision” constitutes changes made to an existing design. Revisions may include color changes, re-sizing or adjustments made to existing elements. Revisions do not imply or include redesigning, scrapping, and/or changing the whole concept mid-project. If a redesign is requested, additional fees will be incurred and billed accordingly.

 

  1. Proofing Stage: Once the client is satisfied with the design, we will send final proof which will need to be signed-off on for approval. The proof is usually sent online (pdf.); however, we can mail a hard copy if preferred for printed materials (additional charges may apply). After the final design has been approved, we will then transfer the final design as determined in the contract.

 

If applicable, the client must provide dimensions, templates, layout and/or print requirements to the Euforic Design staff prior to beginning the design process (as in printed materials).

 

Ownership & Rights

All rights to artwork, designs, comps, roughs, media, files, graphics, images, etc. shall remain with Euforic Design until payment has been received in full.  In addition, the client agrees not to use or disclose original ideas that have been presented and/or submitted by the Euforic Design staff in the event of a cancellation, or prior to legal purchase of the final design work by the client. Euforic Design retains the right to use the completed project and any preliminary designs for design exhibits, competitions, future publications, marketing materials, and/or in our portfolio.

 

Copyright

The client shall not hold Euforic Design (Amy Toussaint and/or any staff member) responsible for any legal issues that may arise from copyright infringement or unlawful use of materials, and will release her from any legal issues whatsoever for this project.
Euforic Design and staff are not responsible for errors or omissions in any work produced as per the client’s “O.K.”.  No financial responsibility are assumed by Euforic Design and staff for errors or damages resulting from copyright infringement, copyright violation and/or unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights (such as the right to reproduce or perform the copyrighted work or to make derivative works).

 

Proofing of Final Design

If your contract includes printing, coordination of printing, and/or hard deliverables, you will be required to sign off on proof(s) prior to any print jobs commencing. Euforic Design and staff shall make every effort to ensure that the final design work is free of any grammatical and spelling errors.  However, Euforic Design and staff will not be held liable or responsible in anyway (financially or otherwise) for any errors contained in the final (printed or published) design work after the final proof has been approved and signed off on by on by the client.

 

Website Design & Social Media

Website Design Work (html, flash, social media, etc.) not being hosted by Euforic Design must be paid in full up-front (unless otherwise specified). If the contract agreement requires only a 50% deposit, the deposit is to be made prior to beginning the design process. It is recommended that the client have all desired content for their website (company information, pictures, bio’s, etc.) prepared and submitted to the designer prior to beginning the design process and/or in a timely manner. If the designer does not have the client’s content, the designer will build the website using “placeholder” content. Once the website structure has been designed, Euforic Design’s commitment is considered fulfilled the remaining balance will then be due regardless if the client’s content has been uploaded or not. When the content is received, the designer will upload the content in a timely manner, however, it will be at the designer’s convenience.

 

Social Media Design customization: It is our responsibility to create and add customized pages within Facebook’s Fanpage platform using a static iframe application which may or not be developed by Facebook. Facebook ultimately controls the design and functionality of the Facebook platform and is continually changing the Facebook platform with new and/or updated features. Facebook does not screen or approve any changes with web developers utilizing Facebook. This means that Euforic Design is beholden to Facebook’s continual changes to their platform and the rules as to what is allowed. Euforic Design will not be in any way responsible or liable for any failure in the functionality or appearance of your Facebook Fanpage due to any future changes to the Facebook platform and will not be responsible for refunding your money (The same is applies to customization of your Twitter Page using the Twitter platform).

 

Contract Acceptance

Upon signing below, you are agreeing that the quotation price(s) submitted to you are fair and that you have read and accept these terms and conditions. The quotation will then become a legal and binding contract and all quoted prices are now the contract amount. All changes to the contract price (additions or deletions) will require a signed contract amendment.

 

I have read, and fully understand the terms listed above. I further understand that upon signing below, this document becomes a legal and binding contract between myself (the undersigned) as the client, and Euforic Design as the designer. The prices, specifications and conditions are hereby accepted. Euforic Design and staff are authorized to execute the project specified in this contract. Payment will be made as proposed.

 

If you choose to pay the deposit via email using our electronic payment options, you are agreeing that the quotation price(s) submitted to you are fair and that you have read and accept these terms and conditions (in lieu of an original signed contract) as stated per the email.


 

Revised 6/9/2011