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Payment:

50% of the cost of the project is due after initial consultation and before work is begun. The remaining 50% shall be due once the project is completed, plus any additional costs resulting from the change order process. If the project is delayed beyond 30 days, but the project is moving forward, Mulderink Design [MD] will invoice the client for a second invoice, equal to 25% of the remaining balance.

 


Design Terms:

Upon acceptance of the project, the client agrees to the terms outlined this agreement, a copy of which can be requested.


Ownership of Artwork:

Until full payment has been made, MD retains ownership of all MD designed artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final MD designed artwork to use and distribute as they see fit. MD retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio as MD may elect from time to time. Where applicable the client will be given any necessary credit for usage of the project elements. MD understands they do not own or have any rights to the name.

 


Content:

Client is solely responsible for the editorial content of the material included on the project, unless previously discussed and arranged by client and MD. If agreed upon, MD will offer advice and suggests to enhance content. Files will be delivered to MD in electronic format unless otherwise arranged.

 


Independent Contractor:

MD acknowledges that the services rendered under this Agreement shall be solely as an independent MD. It is expressly understood that this undertaking is not a joint venture.


Completion Date:

Following execution of this agreement and payment of the initial deposit required hereunder, MD shall diligently pursue commencement of the worked outlined herein or in the attachment(s) hereto. If commencement of the work is delayed beyond due to any act or failure of Client, by other cause which is not the fault of MD, including the request by the Client to begin work at a later date, then the price of the work may be increased by MD to the published price of the work for the month in which work actually commences. If the MD is prevented by any act or failure to act of Client from commencing work within 30 days following the execution of the agreement (including Client’s failure to provide complete text and graphics content for the anticipated project), except as called for by a separate addendum, Client shall be deemed in default of this agreement. Upon such default, and notwithstanding any other provision of this agreement to the contrary, this agreement shall be terminated, and all sums paid to MD shall be retained by MD as liquidated damages for such default in lieu of all other remedies. Client and MD agree that the damages to MD which may result from such default are uncertain and unascertainable and that the liquidated damages provided for herein are a reasonable measure of such damages in light of the respective obligations of the parties under this agreement. The estimated completion date of the work is outlined in the SCHEDULE section. However, such date is not guaranteed, and is not of the essence of this agreement. MD shall not be liable to Client regardless of the cause for the delay.

MD agrees to complete this project within the estimated budget, unless client requires additional work or services not agreed upon, or if client requires multiple design drafts or repeated changes which would significantly increase work required of MD. MD will not charge any fees in addition to those specified in this contract without first consulting the client and reaching an agreement regarding this.


Change Orders:

After this contact is signed any material changes to the proposed design will require a change order which will become an addendum to this contract. Material updates and changes are defined as adding additional pages, custom graphics, additional illustrations, changing style and design, and/or functionality to the project outside of what is outlined in the proposal and initial design layout. Changes or edits outside the scope of the project are billed at $65 per hour (print design) $75 per hour (web design). No work will be undertaken unless or until there is a negotiated change order that specifies the scope of work as to each individual item - or items. No work will be undertaken unless or until there is a negotiated change order that specifies the scope of work as to each individual item - or items.


Performance Agreement:

MD and the Client must work together to complete the project(s) in a timely manner. MD agrees to work expeditiously to complete the project(s) as outlined in the project Outline after Client has submitted all necessary materials. The Client agrees to complete the project as outlined provided that the work performed by MD is done to Client’s reasonable satisfaction. Notwithstanding any other provision of this Agreement, all work contemplated by this Agreement shall be accomplished to the reasonable satisfaction of the Client and the client shall not be obligated to pay the last 10% of any fees due under this Agreement until this reasonable satisfaction of the work product by client is satisfied as outlined by this proposal. If the project is delayed beyond 30 days, but the project is moving forward, Mulderink Design will invoice the client for a second invoice, equal to 25% of the remaining balance. If the Client delays the project beyond 45 days after each proposed project completion’s date, the remaining costs will be invoiced unless agreed upon otherwise.