Terms & Conditions
Payment & Fulfillment

Last updated: July 22, 2024

For most projects, the following terms and conditions apply. These terms may be discussed upon signing our contract together before the project begins. 

Payment

For most projects, 50% of the total fee is required before any services will be rendered, and the remaining 50% is payable within 14 business days of receiving deliverables. For hourly work, a $100 deposit will be collected and the remaining hours beyond the deposit will be charged at $80/hour.

A $50 service charge is payable on all overdue balances for reissuing each invoice at 15, 30, and 45 days from the date of the original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment. The product does not belong to the client unless payment has been received. 

Proposed Costs and Additional Work Fees

The cost and expenses shown are proposed costs and may be increased with additional requests and demands, or with certain circumstances. If additional work is needed to complete the project, the work will be charged at a flat fee decided by the designer or an hourly fee. The hourly fee will be $80 per hour and Designer shall provide the Client of a tally of hours within a reasonable period of time upon request if such is the measure of the fee. Final fees and expenses shall be shown when invoice is rendered. Revisions to the product are included in the proposed cost to Client, as long as they fall inside the design timeline and are no greater than 3 rounds of revisions. Any revisions after the completed product or outside the agreed parameters of the project as determined by Designer will be charged at the hourly rate of $80 per hour. This charge will be communicated with Client before the revisions are started.

Reactivation Fee: If the Client does not respond to 3 consecutive emails and/or does not complete their responsibilities within the proposed timeline which results in a stalled project, the Designer will charge a Reactivation Fee of $200 to reactivate the project and continue work.

Rush Fee: If the Client requests work to be done in a shorter timeframe than agreed upon, a Rush Fee of 30% may be applied by the Designer. If work is required after business hours or on a weekend or holiday, the same Rush Fee may be applied.

The Designer will communicate any fees or additional charges with the Client before they are applied.

Grant of Rights

Designer agrees to the perpetual license of the right to display and transmit Work to Client, excluding the right to authorship credit, modification, and resell, which is retained by Designer. Designer agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, but may display work except as noted below in section 5.

Designer's Right to Authorship Credit

Designer may use Work in Designer’s portfolio (including, but not limited to, any website that displays Designer’s Works including but not limited to social media websites/apps). This can be done in any format, including images and video.

Client does not have to display Designer’s name together with Work, unless being described with any editorial usage, but Client may not seek to mislead others that Work was created by anyone other than Designer. If a website is designed and built completely by the Designer, the Designer will put a label on the site, identifying it was created by Jaclyn Hope Design with a link to the Designer’s website. The label shall be no larger than 300 pixels in height and will be put in the footer of the site on all pages. If the Designer did modifications to an existing site, the Designer will not put a label.

Limitation of Liability

Client agrees that Designer will not be liable for any incidental or consequential damages that arise from Designer’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.) The Designer is not liable for any unintentional damage of the Work that may be caused from outside causes such as viruses, hosting and platform issues, plugins, bugs, or malware. The Designer is not required to repair damage of this sort, but may choose to repair it for a fee.

Confidentiality

This is to certify that Designer, as a freelancer, understands that any information (written, verbal, or other form) obtained during the performance of the work must remain confidential. This includes all information about members, clients, families, employees and other affiliated companies, as well as any other information otherwise marked or known to be confidential. This also includes usernames and passwords to websites entrusted to Designer. Any unauthorized release or carelessness in the handling of this confidential information is considered a breach of the duty to maintain confidentiality. Any breach of the duty to maintain confidentiality could be grounds for immediate termination of this contract.

Termination of Contract

Either party has the right to terminate this agreement at any point with 7 days notice.

Upon termination of any project or work given by Designer, Designer will immediately provide Client with any and all work in progress or completed prior to the termination date.

Client’s obligation to Designer resulting from termination is that Client will pay Designer an equitable amount as determined by Designer for the partially completed work in progress and the agreed to price for the completed Services and/or Deliverables provided and accepted prior to the date of termination. A Cancelation fee of 10% of the total cost of the Work will be applied additionally. 

Upon termination or expiration of this Contract or a project performed by Designer, whichever occurs first, Designer shall promptly return to Client all materials and/or tools provided by Client under this Contract and all Confidential Information provided by Client to Designer.

Refund: The fee for Work is refundable only upon Designer’s breach of contract. Client personal preference or dislike for the design is not grounds for breach of contract. In the event of a breach of contract, ownership of all copyrights and the original artwork shall be retained by the Designer. 



 

Contact Us
If you have any questions about these terms, you can contact us:

By email: jaclynhopedesign@gmail.com