EgoMartini Design Terms of Service Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR PROJECT.

Pricing and Payment
Projects are billed either hourly or by project depending on the scope of the work. Specific payment terms will be detailed in your project proposal/scope document. Payment of 30% is due after signing the proposal and before any project materials are delivered to the client. Final 70% payment is due upon completion of the project unless otherwise noted and all invoices are due within 30 Days.  Invoices outstanding more than the 30 day term will be charged a 5% late fee per 30 days past due. There will be a $25.00 fee on all returned checks plus additional bank fees when necessary. Client assumes responsibility for all collection of legal fees necessitated by default in payment.

If at any point in a project, there is an outstanding balance of over $500, an interim payment may be requested. This cap may be waved at my discretion based on the relationship with a particular client.

Estimates
Every effort is made to be as accurate as possible with estimates.  It is important that the client be as thorough as possible when providing the details of their project as that information will be taken into account when generating the project proposal. In some cases a estimated range of cost may be provided based on the project details provided at the time of the estimate.  If at any point it is determined that the scope of the project has changed enough to warrant additional costs, that information will be shared with the client and a new or additional costs estimate will be submitted for approval.

Minor revisions are anticipated and usually will not result in additional fees, however major design or content changes may require that the original estimate be revised or additional costs agreed upon. The client’s approval will be obtained for any additional fees or expenses that exceed the original estimate. Out of pocket expenses for items such as stock photography, postage, messenger services, mileage, CDs and DVDs that are not specifically included in the initial estimate may come with an added flat rate fee that will be added to the invoice.

All estimates are valid for 30 days from the date on the estimate.  All outsourced fees will be estimated separately.  

Approvals
The client will be ultimately responsible for the final approval of all comps and contract details.  It is important to make all final corrections before the final invoice of the project goes live to avoid additional delays and fees.  EgoMartini is not liable for any work that has been approved by the client and made live.

Invoices will include (and clients are obligated to pay) and fees or expenses that were orally authorized.

Scheduling
EgoMartini is a part time interactive contractor and subsequently, phone hours are restricted.  Clients are strongly encouraged to use email (info@egomartini.com) for communication whenever possible.  Communicating via email also helps to facilitate a more rapid response time to edits and questions and emails will be addressed promptly.  If phone communication is required at any point in the project, office hours are restricted to Monday – Friday 5:00 PM – 9:00 PM and Saturday and Sunday hours vary but I can usually be reached between the hours of 10:0 AM and 8:00 PM.  All messages will be returned as early as possible.  Contact hours may be adjusted based on client needs but must be negotiated prior to singing the project proposal.

Completion and Delivery Dates
Any delay in the completion of a project due to external forces beyond my control (such as transportation delays, delays with third party vendors, computer or internet related issues, holidays, weather conditions, etc.), or actions and negligence of the client (i.e., content delivery delays), may result in an extension of the completion/delivery date.  All changes to the delivery date will be communicated with the client in a timely manor.

Project Cancellation
In the event of cancellation of a project, the ownership of all copyrights and original artwork shall be retained by EgoMartini Design.  Any usage by the client without payment and/or prior consent will result in appropriate legal action.

A cancellation fee for work completed shall be paid by the client.  The cancellation fee is as follows: 50%  of total project fee for preliminary work, concepts or comps, 75% of total project fee after preliminary work but before completion, 100% of total project fee for completed work regardless of final approval.

In the unlikely event that a project is terminated due in part or full to the actions of EgoMartini Design, the client retains the right to request all files and assets from the project and to take them elsewhere for completion. The client will only be responsible for the charges incurred for the time invested prior to the termination of the project.

Copyright Responsibilities
It is the sole responsibility of the client to ensure that any intellectual property (artwork, code, etc.) that they provide is owned by them in accordance with copyright laws.  EgoMartini Design cannot be held responsible for any copyright violations or resulting fees due to assets provided by the client. Likewise, EgoMartini Design is responsible for any intellectual property it supplies. 

Creative and Intellectual Property
Under US copyright law, EgoMartini Design will retain ownership of all original artwork created for the client.  The client shall be owner of the final product/implementation. The original artwork may not be reproduced without proper consent.

All code produced during the project shall be owned by EgoMartini Design and may be reused in future projects. The client reserves the right to reuse, modify, transfer, or sell their implementation although the code itself cannot be resold without written consent.

Limitation of Liability
EgoMartini Design cannot be held liable for any consequential or special damages such as profit losses.

Promotional Use
EgoMartini Design retains the right to reproduce any design or layout in promotional materials such as brochures, mailers and websites unless otherwise requested by the client.  Also, use of any completed project or preliminary work for the purposes of design competitions, publications, educational purposes, and marketing uses is allowed unless otherwise negotiated with the client. Where applicable, the client will be given any necessary credit for usage of the project materials.

Client Performa
Client responsibilities will be outlined in the initial project proposal. In addition, the client may be asked to complete additional responsibilities that may be created once the project begins.  It is important that these tasks are executed in a timely manner and the clients signature on the project proposal binds them to fulfilling these responsibilities.

Authorization
A written signature on the project proposal/scope document is required before beginning any projects.  By signing the project proposal/scope document you are confirming that you agree to the terms of service laid out in this document and are bound by those terms.

Legal Fees
The client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under the contract terms provided and agreed upon at the onset of the project.