branding & website Agreement
This contract is to signify that Spade Designs will reserve the rights and be the sole owner of all work (designs, website design(s) & development) designed by Spade Designs for the client.
The transfer of ownership to the client is only valid after full payment for goods have been made. After full payment is made, all rights and ownership of the work created by Spade Designs for the client will be transferred over to the client, and the client will be the sole owner of the work created by Spade Designs for the client.
Spade Designs ensures that, except for anything that was given by the client to incorporate into the design(s): (a) Spade Designs’ work will be original and will not be copied in whole or in part from any other work; (b) Spade Designs owns the rights that will be given to the client under this agreement, or has secured such rights to any third-party content incorporated into the final design(s); and (c) this work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. Spade Designs promises that this agreement does not conflict with any other contract, agreement or understanding to which Spade Designs is a party.
All information provided to Spade Designs by the client (such as proprietary, technical, personal or business information), will not be disclosed to any third party except as may be required by a court or governmental authority.
In the event the client wishes to terminate their project, Spade Designs will own all the work (designs, website design(s) and development made by Spade Designs) and has the right to complete, exhibit, and/or sell the created work.
The turn-around-time for the entire project will be 6 and a half weeks. A maximum of two and a half weeks for the branding design process, and 4 weeks for the creation of the website. This time period may vary in length based on the response time of the client, as well as other client based factors such as how long the client takes to send over all the content for the website to Spade Designs. The branding process will always be carried out first, followed by the development of the website. Once the first instalment has been made, then will start the work on the branding. After the written approval of the branding design from the client has been received by Spade Designs, and the brand package has been sent out to the client, then will begin the development of the website.
- Successful Completion: "A written approval from the client to Spade Designs signifying and solidifying the satisfaction and approval of the work designed and or designed and developed by Spade Designs for the client, and thus rendering the particular project as finished."
All revisions are free prior to the successful completion of the branding process. Once the branding process is complete, and the brand package has been sent out, if there is a revision that needs to be made, a $25.00 charge per revision will apply as well as an additional $50.00 charge to re-package and re-send the brand package.
Upon successful completion of the branding process, a brand package will be sent to the client containing all variations of the logo along with the brand's color(s), the brand's font(s), a font installation text file, and lastly all related stationery print files. Within the brand package will be both a CMYK folder along with a RGB folder. Each of these folders will contain all the color variations of the designed logo in eps (vector) format, png format, and jpg format.
The host of the website will be a third party company which is to be determined. Additional costs for the website host will be a separate cost between the client and the third party hosting company and not Spade Designs.
If the presented website is disliked by the client, they can opt to have a different entity other than Spade Designs work on their project. Alternatively, they can have Spade Designs make revisions to the website.
All revisions are free and limitless. Free revisions cannot be made after the website has been launched. Revisions can be made after the website has been launched if the client subscribes to a monthly or annual website maintenance package from Spade Designs. If the client wishes not to subscribe to one of Spade Designs’ Website Maintenance Packages, each set of revisions will be charged at $35.00 an hour.
Upon successful completion of the website(s), what the client will receive from Spade Designs will vary based on whether or not the client has subscribed to a website maintenance package from Spade Designs, as well as the platform used to create the website.
Payment must be made in 2 instalments of 50% each of the agreed price. The first instalment is due prior to the commencement of any work to be carried out by Spade Designs. The second instalment will be due upon the successful completion of the project, however, prior to Spade Designs sending out the logo package to the client and prior to the launch of the client’s website(s). Both the first and second instalments are each non-refundable.