
Rates. During times of high demand, the Designer/Illustrator has the right to change their rates at anytime without notification and will not adjust pricing to previous rates for any client.
Time for payment. Before any project commences partial payment is to made to show commitment to the project. Depending on the size of the project, bigger projects will be paid a certain percentage of total upfront or smaller projects in full upfront.
All invoices are payable in full within thirty (30) days of receipt. A 1-1.5% monthly service charge is payable on all overdue balances. The grant of any license or right of copyright is conditioned on receipt of full payment.
Default in Payment. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Quotes & Changes. The Designer/Illustrator will offer a full detailed price quote before the project commences at the Designer/Illustrator’s hourly rate. Client shall be responsible for making additional payments (Also at Designer/Illustrator’s hourly rate) for changes requested by Client in original assignment and as well as any further changes or additions to the project that is not stated in the original quote. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Designer/Illustrator the first opportunity to make any changes.
Expenses. Client shall reimburse Designer/Illusrator for all expenses arising from this assignment, including the payment of any sales taxes due, software licenses or equipment needed to complete this assignment.
Cancellation. In the event of cancellation of any assignment, ownership of all copyrights and the original artwork shall be retained by the Designer/Illustrator, and a cancellation fee for work completed based on the contract price and expenses already incurred, shall be paid by the Client.
Ownership of Artwork. The Designer/Illustrator retains ownership and rights of all original artwork and none of the work commissioned is to be considered “works for hire”.
Credit Lines. The Designer/Illustrator and any other creators shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated to the Designer/Illustrator.
Releases. Client shall indemnify Designer/Illustrator against all claims and expenses, including reasonable attorney?s fees, due to uses for which no release was requested in writing or for uses which exceed authority granted by a release.
Copyright & Wrongful Use. The Client is responsible for any non-licensed images, text, photographs, designs, graphics or other artwork that they supply for usage in a project done by the Designer/Illustrator. Jenn Duong does not offer the use of any additional stock illustration or photos. However, if any is ever needed to be used, they will be obtained from a stock photo website that requires no royalties after usage. It is the Client’s full responsibility to supply proper licensed artwork to the Designer/Illustrator for use and will assume any liability and responsibility for wrongful use.
Arbitration. Any Disputes in excess of $25,000 (maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator?s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney?s fees, and legal interest on any award of judgment in favor of the Designer/Illustrator.
Changes & Right to Modify. Changes to finished artwork shall not be made without consulting the initial Designer/Illustrator. Any changes must be requested to the Designer/Illustrator before approving the final artwork. The client only holds rights to use the artwork but NOT the underlying contribution of the artwork itself. If the Designer/Illustrator does not grant the client the right to prepare derivative work, the client has no right to alter the image. After acceptance of artwork, if alterations are required, a payment shall be charged over the original amount. The only alterations the Client may make are cropping and sizing ONLY.
Copyright & Wrongful Use. The Client is responsible for any unlicensed images, text, photographs, designs, graphics or other artwork that they supply for usage in a project done by the Designer/Illustrator. Jenn Duong does not offer the use of any additional stock illustration or photos. However, if any is ever needed to be used, they will be obtained from a stock photo website that requires no royalties after usage. It is the Client’s full responsibility to supply proper licensed artwork to the Designer/Illustrator for use and will assume any liability and responsibility for wrongful use.
