Terms & Conditions
At Brkich Design we’ll always do our best to meet your expectations and leave you 100% satisfied, but it’s important for both of us to have things written down so that we understand what’s what, who is to do what and when, and what will happen if something goes wrong. Don’t worry – you won’t find any complicated legal terms or long passages of unreadable text here. We’re not trying to trick you into signing something you might regret later. We just want what’s best for both parties, both now and in the future.
So here it goes…
THE BASIC AGREEMENT
You: You have the authority to enter into this contract on behalf of yourself, your company, or your organization. You’ll give us everything we need to complete each project in the format and when we need it. After we submit work to you, you’ll review it and then provide feedback and approval in a timely manner. We’re in this thing together, so as far as deadlines go, you’ll also be bound by dates we agree upon. You also agree to stick to the payment schedule mapped out on each project estimate.
Us: We have the experience and ability to do everything we’ve agreed with you, and we’ll do it all in a professional and timely manner. We’ll do our very best to meet every deadline, and on top of that we’ll maintain confidentiality in everything you give us.
THE NITTY GRITTY
We’re not responsible for writing any text copy. However, we do have fabulous writers at our disposal if you’d like us to write new content, and we can provide a separate estimate for that.
Please supply graphic files in an editable, vector, or high-resolution digital format. We also have a collection of stock photographs available for purchase if you choose. We also have excellent photographers on staff and we can provide a separate estimate for either of those.
Changes to project estimates
In our experiences, fixed-priced contracts are rarely beneficial to the client. They can limit you to your earliest ideas, and prevent you from being able to change your mind. The quoted price in each of your estimates are based on the length of time we estimate we’ll need to accomplish everything you want to achieve. But of course we’re happy to be flexible. If you want to change your mind or add anything new— no problem! Just let us know and we’ll provide a separate estimate for that. (AKA: Change Of Scope)
For each of your projects we will submit to you low resolution proofs by email for you to review in their entirety. We ask that if you’re working with a group on a project, that you collect all responses from your group and provide to us one point of contact on each project. You know, too many cooks in the kitchen. Once we receive your final approval and send your project into production, our team is not responsible for any errors you may have missed.
In the event of cancellation of this project, ownership of all copyrights and the original artwork is retained by the Brkich Design, and a cancellation fee for work completed, and expenses already incurred, is paid by you. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimated for the entire job. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not. If the project is on an hourly basis and the project is canceled by the client, the client agrees to pay 100% of the hours already spent at the time of cancellation plus a flat fee of $250 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
So here’s how it works: You guarantee that all elements of text, images, or other artwork you provide are either owned by you or that you have permission to use them. Then, once your final payment has cleared, the copyright will be automatically assigned as follows:
- You’ll own the visual elements that we create for each project. We’ll give you all the source files and finished files upon request. You own all elements of text, images, and data you provided, unless someone else owns them.
- We love to show off our work and share what we’ve learned with other people, so we reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles, in books, etc. And by the way, we’ll do our best to let you know were are sharing or publicizing the spectacular work, but you’re giving us your permission as a matter of our relationship and this agreement.
THE NECESSARY LEGAL JARGON
Although we do our best to be accurate and thorough, we can’t guarantee our work will be error-free. Therefore, we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions. So such liability will be yours and you’ll hold us harmless, at your expense for all costs/fees/etc, should any legal action arise from your content. (Whew!)
We’re sure you understand how important it is as a small business that you promptly pay the invoices that we send to you. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule outlined in each of your project agreements.
Default in payment
You assume responsibility for all collection of legal fees necessitated by default in payment.
WHAT ABOUT ALL THE AWFUL SMALL PRINT?
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract is effective for 12 months from the date signed and will remain effective for each 12 month period thereafter unless terminated in writing. Notably however, your liabilities under Copyrights, Legal Jargon, and Payments continue indefinitely even if we finish the project, terminate the agreement, and go on in life. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Pennsylvania courts.