Updated Design Terms & Pricing for 2012:
QUOTES
Design quotes are never billed and always complementary! Quotes are valid for 30 days from the date of the original quote. Please note – they are estimates only, and may increase or decrease depending on the final amount of time involved, client edits, direction changes, or other factors.
DESIGN RATE
The standard design rate is $50.00/hour. Quotes are given as an estimate of the time it will take to complete a project, but are not contractual and may vary depending on the work involved. Non-profits are eligible for a discounted rate when proof of 501(c)(3)tax exemption status is provided.
DEPOSITS
A 50% deposit is typically required upfront before work can begin, unless otherwise arranged. Once final design files are completed, they will not be delivered until payment of the final invoice/remaining balance is made in full.
TURNAROUND TIME
New design proofs are presented within 5 business days (Monday – Friday, 9:00 a.m. to 5:00 p.m.) or earlier after receiving all project information and deposit. Edits are made within 3 business days or earlier of receiving feedback. Printing is the client’s responsibility unless otherwise agreed upon or arranged.
RUSH FEES
Depending on my available design schedule, a client may wish to rush their project to meet a tight deadline. In this case, design services may be rushed for an additional fee. An increase of 25% of the standard quoted hourly rate is charged for demand of proof turnaround within 24 hours or less, or if the demand requires work outside of normal business days and/or hours (Monday – Friday, 9:00 a.m. to 5:00 p.m.). Printing may not always be able to be rushed, but I will work with your printes to accommodate your needs as best as possible.
PROOF READING YOUR ARTWORK
Please read your proof carefully. Review all names, addresses, phone numbers, websites, and other important information. I am not responsible for errors found after the artwork has been approved; accuracy of the information is the client’s responsibility. Refunds or discounts will not be given due to errors found on client-approved artwork.
COLOR
Due to differences in monitor and printer calibration, the color of the printed piece may vary from what you see on screen or what prints on your printer. If you are concerned, please let me know so that I can make arrangements for you to see a press proof before printing.
STOCK PHOTOGRAPHY
Purchase of stock photography is billed separately from design fees. All purchases will require the client’s prior authorization. All stock purchases are licensed solely for my use. Use on materials not designed by me is prohibited.
SUPPLIED ARTWORK
Quality and usage licensing of supplied art is the responsibility of the client.
ARTWORK RELEASE
If the native InDesign, Photoshop, Illustrator, or other original design files are requested, there will be an artwork release fee of 25% the total design. The original artwork remains copyrighted to Heather Peters.
COPYRIGHT
The designs, original artwork, electronic proofs, print-ready PDFs, and all other files created by Heather Peters are protected by Federal Copyright Law and may not be reproduced, manipulated, re-worked for other purposes, edited, submitted to any contests, or shared in any manner without my explicitly written permission. I retain the right to make reproductions for my portfolio, samples, self-promotion, professional competition and review, and website even if the artwork release has been purchased.
WEBSITES
All websites designed by Heather Peters will include a small “Designed by Heather Peters” note in the footer with a link to my website. I am always happy to provide a reciprocal link to your site in my Client List if requested. While all website design is done by myself, programming services may be delegated to another firm or independent contractor.
NONDISCLOSURE
You agree never to share any of Heather Peters’s concepts, art, or work with outside designers, businesses, or agencies. This includes, but is not limited to, design concepts, sketches, electronic proofs, and photography. The only exception is if you have purchased the artwork release from me.
CANCELLATION FEES
All cancelled orders are subject to one of the following cancellation fees:
- 100% of the quoted hourly rate applied to the total amount of completed hours.
- 100% design plus 15% of the total printing price if the job has been completed & sent to print, but not yet printed.
- 100% of the invoice amount if the job has already printed.
Any jobs placed on hold for over 30 days will be considered cancelled. The project will be billed for hours completed, and a new quote/invoice will have to be drafted.
PAYMENTS AND LATE FEES
Final payment must be received by Heather Peters within 15 days of the invoice date. A late fee of $25 or 1% total invoice amount (whichever is greater) will be applied on the first day of each week past 30 days from invoice date. If a check has not been received by the due date but it has been mailed, you are responsible to pay all late fees within 1 week. If the late fee has not been received within 1 week, further late fees will accrue. Heather Peters is not responsible for payments claimed to be lost in the mail, sent to the wrong address, or otherwise not received. You will be charged for any bank fees due to bounced checks plus $75 and will be responsible for late fees accrued over the time that the check was in the banking system. After 60 days of non-payment, the invoice will be forwarded to a collections agency, which will report the debt to creditors.
REFUND POLICY
All sales are final. A 6-month credit will be offered for any overpayments due to a change of initial project scope.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Heather Peters, independent contractors, affiliates, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including attorneys’ fees) related to any artwork or programming that you supply or approve. I reserve the right, at my own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with me to the fullest possible extent.
RIGHT OF WITHDRAWAL
Heather Peters’s discovery of new information, changes, or other factors tending to circumvent my policies could result in my withdrawal. Non-cooperation; multiple missed appointments; bad or returned checks or late payments are examples of contributing factors. Should I initiate the withdrawal, all fees and payments will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, $75 per hour is billed for all design services already provided.
ARBITRATION
You agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance, or breach of this agreement will be settled by arbitration to be held in Franklin, TN in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The person signing as Purchaser below or their Company and Heather Peters will each pay one-half of the costs and expenses of such arbitration, and each will separately pay its respective counsel fees and expenses.
ENTIRE AGREEMENT
By signing this agreement, a quote, or approving a job from Heather Peters, you acknowledge that you have carefully read, understand and fully agree to the terms and conditions. Any details not included in writing in this agreement are not binding upon either party. Should the details of this agreement be contested and result in arbitration or litigation, the prevailing party is entitled to recovery of all reasonable legal expenses. The person signing as Purchaser below will be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. The laws of the state of Tennessee will govern this agreement and the courts of Williamson County, Tennessee will have jurisdiction.
IN CONCLUSION
I value long-term business and appreciate your comments, referrals, and suggestions! I appreciate your choice to use my services for your creative needs. If you have any questions or concerns, please contact me! Thank you!