A special thanks to the following people, who have helped make my dream of becoming a freelance designer a reality!
AGREED HOURLY RATE – The agreed hourly rate for work carried out during the normal business hours (10:00am – 6:00 pm) will be negotiated between The Client & myself before work commences. The agreed hourly rate is to remain confidential. I reserve the right to change this rate periodically. The Client will be informed both verbally and in writing should this rate be changed during the term of this agreement. I am willing to make estimates of how much a finished product will cost, but the final cost is not guaranteed until the work is finished.
DAILY RATE – Where a client prefers to engage at a fixed Daily Rate, I will negotiate with the client to an agreed rate which is to remain confidential. I reserve the right to change this rate periodically. The Client will be informed both verbally and in writing should this rate be changed during the term of this agreement. Overtime agreements will be decided during the negotiation process. The Client will receive an adjusted work agreement indicative of these changes.
OVERTIME RATE – The overtime rate is applicable outside the normal business hours. The overtime rate also applies to any hours that are in surplus of 40 hours per working week, and any hours that are worked on days closed for business, public holidays, vacation days, and personally observed holidays (notice will be give if the situation arises). Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set and the work required exceeds the estimated scheduled time, falling into overtime hours, The Client will be notified before any work is undertaken at this rate.
EXCLUSIVE BOOKING – Where The Client has requested the services on a specific day or time, this will be considered an Exclusive Booking. Exclusive Bookings ensure dedicated time will be blocked out to work for The Client without interruption. Exclusive Bookings are subject to the Minimum Daily Charge.
MINIMUM DAILY CHARGE FOR EXCLUSIVE BOOKING – A minimum of 5 (five) hours per day will be charged at the agreed hourly rate where an Exclusive Booking has been made. If the booking is cancelled within 24 hours of the booked day, the Minimum Daily Charge will still be invoiced.
PAYMENT – I will make an estimate of cost curing the negotiation, and will charge a security deposit of 50% (10% for regular clients), which is to be paid before work on the product can start. When the product is finished, The Client shall pay the difference between the deposit and the finished product. If the finished product ends up being less than the security deposit (which is based off an estimate), then difference will be refunded. The finished product shall not be delivered until payment is made. For monthly payments on web hosting or other retainer services, payment due dates will be agreed upon and listed in a separate contract with The Client. All sales are subject to a 6% Idaho sales tax, and an additional 3% surcharge if paying by credit or debit card. If work on a product is in progress and The Client decides to cancel the order without reasonable cause (to be determined on a case-by-case basis) the hourly rate will still be owed. Invoices are required to be payed within 30 (thirty) days of the invoice issue date (except in a situation involving cancellation/termination).
LATE PAYMENTS – A late fee of 5% of the original invoice shall be incorporated into the invoice every month the bill remains outstanding. If the bill remains outstanding for more than 6 (six) months, the Client information shall be sent to a collections agency. If a delinquent account is sent to Collections, the product(s) will be discarded. Any client who has left an invoice outstanding for any amount of time shall be charged a security deposit of 100% of the estimate for any future work until such time that I feel comfortable charging the standard security deposit again. Please note that if an invoice is left outstanding for any amount of time, any and all discounts applied to that invoice will be removed and a full amount must be paid. The late fee will incorporate this total invoice as the original.
RETURNED CHECKS AND CHARGEBACKS - A $35 dollar fee will be added to all checks returned to me due to non-sufficient funds or closed accounts plus any and all other collections fees or cost incurred by me. In addition, a bank service fee will be charged on these checks. All chargeback attempts on a credit card you have utilized for my services will be sent to collections with a $50 dollar fee. A chargeback is when you contact your financial institution or bank with the intent of canceling a service without first contacting me. Per your cardholder agreement with your credit card company, you are to dispute charges with the merchant first. I will never improperly decline a refund request. If a chargeback is made, I may consider the order fraudulent and take action to dissolve any entity that we have formed due to a fraudulent order including cancelling any related services like Virtual Office, Registered Agent, etc. as well as adding any required state fees to the collections account.
CONFIDENTIALITY – I agree not to misuse or disclose any confidential information that may be made available by The Client unless legally obligated.
CLIENT RESPONSIBILITIES – I am under the responsibility of The Client from the time of reporting for duties, and throughout the booking. All reasonable care will be taken to ensure work is completed to the highest achievable standard, however I will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the booking.
ARTWORK APPROVAL, ERRORS AND OMISSIONS – I will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, I am not liable for loss, expense or damage caused by any act or omission.
NATURE OF COPY – The Client agrees to exercise due diligence in it's direction to me regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials I prepare. I will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client. In no event shall I be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the product(s) or the use or other dealings in the product(s).
LIABILITY – I make every effort to maintain the highest possible work standards, however I cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, I shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless myself from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
CANCELLATION / TERMINATION OF AGREEMENT – Should The Client wish to cancel/terminate the agreement and discontinue any work in progress, The Client must notify me immediately of this intention. Hours worked to that point will be invoiced (minimum 5 hours where an exclusive booking has been made). In the case of cancellation/termination, outstanding invoices are required to be payed within 7 (seven) days of the invoice issue date. The Minimum Daily Charge will apply if cancellation occurs within 24 hours of the booking.
VARIATION IN TERMS – These terms can only be varied, amended or altered by written agreement between myself and The Client. I do, however, reserve the right to modify these terms at any time without notice. However, if these terms are modified while working on a current project, The Client will be notified in writing.
PORTFOLIO & INTELLECTUAL PROPERTY – Use of any property contained on my website is strictly forbidden without written permission. I also retain the right to display any products I have completed in my portfolio unless specifically asked for in writing by The Client and approved by myself.
RIGHT TO REFUSE SERVICE – I, at my discretion, reserve the right to refuse service to anyone for any reason within the confines of the law. You acknowledge that I will not be liable for any damages or loss from our right to refuse service.