The following outlines the intended design services provided by Rachel Barner. Packages are laid out in accordance with the needs presented by the client and are to be agreed upon and followed.
All clients must read and agree to the points laid out below.
By entering into a business relationship with Rachel Barner, you (the Client) agree and consent to the following terms and conditions:
Concepts: Rachel Barner 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, Rachel Barner 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 Rachel Barner’s current hourly rate of $45/hr.
Rachel Barner will create a design concept for your project. Designs will be submitted for your review via e-mail unless otherwise negotiated. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at Rachel Barner’s current hourly rate of $45/hr.
TIMEFRAME AND DELIVERY
Rachel Barner will provide the initial draft concepts to the Client within the timeframe agreed upon in the initial consultation. Please note that if we are experiencing higher than usual demand, your design will be scheduled for the next available time slot and you will be notified at the earliest possible time. Rachel Barner will post the initial designs in an email or to a web site for review by the Client. The Client will then be able to view his/her draft designs and also be able to provide feedback concerning the design.
Rachel Barner will analyze the Client’s feedback and revise the designs. The revised samples will be presented to the Client within the specified timeframe. Regular working days are Monday through Friday, 8am – 5pm, excluding holidays. Rachel Barner will continue the revision process as per the terms of the specific contract, until Client is satisfied. Once the Client has approved the final design, the Client will complete any remaining payment owed, and Rachel Barner will then proceed with the delivery phase. All requested formats of the approved design are then emailed or posted to the client download area for the Clients use.
After the final logo, print or web design is approved, the design will be emailed to you as a digital files (.jpg, .pdf, and .eps graphics file formats).
COPYRIGHT / TRADEMARKS
The Client unconditionally guarantees that any element of text or graphics furnished to me for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect Rachel Barner from any claim or suit arising from the use of such as furnished by the client.
Rachel Barner makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, Rachel Barner holds no liability and is limited only to a refund of the paid amount. Rachel Barner will do no research checking on the legal availability of the name we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image. Rachel Barner and it’s contractors will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Rachel Barner 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 Rachel Barner 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).
Until the contract is paid in full, all materials remain property of Rachel Barner. I retain the right to display the artwork in their corporate portfolios and marketing materials.
All concepts furnished to the client are for client review and comment purposes only. Rachel Barner retains exclusive copyright and ownership of all design and draft materials.
DRAFT CONCEPT POLICIES AND COPYRIGHT
All draft concepts previewed by the client are for client review and comment purposes only. Rachel Barner reserves the right to utilize and/or reproduce any image, logo or illustration created by myself in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited royalty-free use of the image upon full payment of all fees. I retain the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork, and is granted the right to use these logos in promotional and advertising and marketing materials.
REVISIONS AND AUTHOR ALTERATIONS
Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, by email. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the project quotation. Revision work is not done free of charge unless otherwise arranged, in writing or in the package agreed to in advance. If a base package is agreed upon, however the revisions and requests exceed this package parameters, the next Client will be notified in advance.
The quotation assumes a reasonable average number of revisions per design, which is three, item as outlined in the design package, but on very rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions. Any and all revisions will still incur the hourly rate as noted on the project quotation, and the Client confirms that any revisions or additions they request will incur this cost.
PRINTING, DELIVERY AND THIRD PARTY INVOLVEMENT
Rachel Barner can and may provide information to the Client about print solutions that compliment the projects needs to the best knowledge of the designer. Rachel Barner is not responsible for price discrepancies advertised by third party companies. This includes product specifications, rush order and special order pricing, and delivery costs associated.
Rachel Barner is not responsible for a third company’s failure to deliver in the parameters set out by said company. This includes delivery time; product availability; print error; damage incurred due to shipping; and other unforeseen issues.
All concerns can and will be expressed by the designer to the third company association, but are not responsible and take no fault for failure to deliver on consented parameters. Payment must be made for said project and may not be withheld because of printer error.
Graphic design is a professional service, not a re-stockable product or commodity – customers are billed for the time and expertise of our graphic designers, art/creative directors and project managers. In accordance with industry standards, Rachel Barner charges for design services by the hour (unless a flat fee has been negotiated in writing) and does not offer refunds under any circumstance (except in the case of copyright infringement as noted above).
In return for 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 design belongs to Rachel Barner until paid in full. In the event of termination of this Agreement, Rachel Barner owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, Rachel Barner 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 Rachel Barner reserves the right to display the logo for business promotional use.
Rachel Barner does NOT engage in speculative work and will not honor any requests for same. I have provided an extensive public portfolio, making it easy for potential clients to judge whether the style and quality of design offered by Rachel Barner is a good fit for their organization.
Deposits and payments may be made in a number of ways:
All invoices are payable on receipt, net 14 days. If the client is sending payment through the mail, we will accept a tracking number as notice of payment.
Illness, injury, or other events beyond Rachel Barner’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length. It also should be noted that the client, printer or other 3rd party may also cause delays due to lag in response time.
If there has been no activity initiated by the client on a contract in 30 days, but the client has been responsive to status requests by the project manager, said contract will be classified as “inactive”. Inactive contracts are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time. If your project is incomplete and you have received an inactive project invoice, please rest assured that you are being invoiced only for work actually completed to date, and that you are welcome to
re-open the project at any time. Upon payment of your invoice, you will have rights to request delivery of any design files (complete, or otherwise). Any credits (hourly or otherwise) granted to the client’s account are valid and redeemable at any time pending Rachel Barner’s availability, until a period of six months has passed, at which point all credits are considered null and expired.
After 30 days, a late payment charge of 5% per month is applied to all delinquent accounts, without exception and retroactive to the date of invoice. If the account remains in default after 60 days, or if the customer’s payment is charged back to us by way of credit card fraud, cheque fraud or other crime, we will issue one final notice before turning the account over to a third-party collections agency. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. Refusing to pay your bill is theft, and we take it very seriously. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will revert to Rachel Barner. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
If a client should abandon a project or contract after work has commenced, an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Abandoned contracts in cases where the client is non-responsive are also subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.
Rachel Barner WEBSITE
Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of Rachel Barner. All rights reserved. All other images are the copyright and/or trademark of the respective owners.
The information presented on the Rachel Barner web site is copyrighted to Rachel Barner Design. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners.
Designs, original art and clip art presented by Rachel Barner are for the use of the authorized client. All art, images, designs, and material are copyright of Rachel Barner and may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of Rachel Barner and the images contained within.
Visitors are permitted, and encouraged to link to this site. You are welcome to link to any page or section of the Rachel Barner web site.
YOUR CONSENT TO THIS AGREEMENT
Rachel Barner reserves the right to amend these terms at any time. Should it happen that a client’s own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of Rachel Barner.
© 2006-17 All Content & Designs by Rachel Barner