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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals art GRAPHIC DESIGN AGREEMENT THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between Company Designers and CustCompany Customer Terms and Agreements consideration the mutual covenants set forth this Agreement Customer and Designers hereby agree follows Description the Project Specifications Designers agree develop the Project according the terms listed Exhibit attached hereto Additional Editing and Changes Any requested changes the Specifications shall constitute additional editing and incur additional charges fees Additional charges for editing and changes shall billed HourlyRate per hour All additional changes must submitted and approved both parties writing approved Contract Change form Delivery Project Designers will use all reasonable efforts the development the Project and endeavor complete and deliver Customer all files media and materials related the Project later than DeliveryDate approved party provided that payment and all requested instructions and material have been received Designers from Customer Any delay the completion the Project due actions negligence Customer transportation delays illness circumstances outside the control Designers may alter the delivery date Designers will make reasonable effort notify Customer any delays the estimated delivery date soon possible Proofs Proofs will presented for Customer approval each stage development revisions are required request must made when proofs are returned Designers Two rounds edits based upon Customer feedback will constitute acceptable delivery unless otherwise agreed upon writing both Designers and Customer The total number Proofs provided Customer shall number Insert Number Design Proofs unless otherwise determined the Specifications Reproduction Project Check all that apply Upon successful completion all compensation terms and outstanding balances owed Designers Customer granted full and unlimited reproduction rights the Project Customer granted one time limited use reproduction right for the Project exchange for the compensation paid Designers The Project shall not reproduced any format without the written consent Designers Designers retain the right reproduce the Project any form for marketing future publications competitions other promotional uses Designers shall time reproduce the Project for use commercial means for profit use Ownership Artwork and Source Files Except for Customer Proprietary Material defined below contained the Project Designers shall hold all right title and interest all original artwork whether draft mock concept final development for the Project Specifically but without limitation Designers shall hold all right title and interest and all text graphics digital components the Project the Content all layouts logos structures arrangements other components any materials presented Customer that comprises the Project all literal and nonliteral expressions ideas that operate cause create direct manipulate access otherwise affect the Content and all copyrights patents trade secrets and other intellectual industrial property rights the Project any component characteristic thereof Customer shall not anything that may infringe upon any way undermine Designers right title and interest the Project described this Paragraph Notwithstanding the above Customer shall retain and Designers shall have proprietary rights whatsoever all Customer intellectual property rights any and all text images other components and materials owned Customer which Customer has the legal right use that are delivered Designers including but not limited software related documentation Customer marketing material logos and tag lines Customer Proprietary Material Designers agree that they shall not use Customer Proprietary Material for any other purpose than those expressly set forth this Agreement Compensation return for the Projects that are completed and delivered under this Agreement and Exhibit Customer shall compensate Designers pursuant the terms Exhibit attached hereto the event Customer fails make any the payments referenced Exhibit the deadline set forth Exhibit Designers have the right but are not obligated pursue any all the following remedies terminate the Agreement withhold all files artwork source commitments any other service performed Designers for Customer bring legal action Customer fully responsible for all material costs outlined Exhibit and accepts responsibility for all additional material costs that Designers may incur the development this Project Confidentiality Customer and Designers acknowledge and agree that the Specifications and all other documents and information related the development the Project excluding however Customer Proprietary Material the Confidential Information will constitute valuable trade secrets Designers Customer shall keep the Confidential Information confidence and shall not any time during after the term this Agreement without Designers prior written consent disclose otherwise make available anyone either directly indirectly all any part the Confidential Information Limited Warranty and Limitation Damages Designers warrant the Project will conform the Specifications the Project does not conform the Specifications Designers shall responsible for the timely correction the Project Designers sole expense and without charge Customer bring the Project into conformance with the Specifications This warranty shall the exclusive warranty available Customer Customer waives any other warranty express implied Customer acknowledges that Designers are not responsible for the results obtained Customer use any part the Project Customer acknowledges that Designers are not responsible for fixing any problems errors omissions the Project once mass produced after Customer has tested proofed and approved the Project Sign off writing Except otherwise expressly stated herein Customer waives any claim for damages direct indirect and agrees that its sole and exclusive remedy for damages either contract tort the return the consideration paid Designers set forth Exhibit attached hereto This limited warranty shall become void and expire days after Sign off has been obtained Designers from Customer days after the mass production the Project any format Independent Contractor Designers are retained independent contractors Designers will fully responsible for payment their own income taxes all compensation earned under this Agreement Customer will not withhold pay any income tax social security tax any other payroll taxes Designers behalf Designers understand that they will not entitled any fringe benefits that Customer provides for its employees generally any statutory employment benefits including without limitation worker compensation unemployment insurance Availability Materials Logos Graphics and other Collateral Customer agrees make available Designers for Designers use performing the services required this Agreement such graphical elements and materials Customer and Designers may agree writing for such purpose Failure provide Designers with Materials the requested formats may result additional delays fees addition those stated Exhibit General Provisions Entire Agreement This Agreement contains the entire Agreement between the parties relating the subject matter hereof and supersedes any and all prior agreements understandings written oral between the parties related the subject matter hereof modification this Agreement shall valid unless made writing and signed all the parties hereto Governing Law This Agreement shall governed and construed accordance with the laws the State State Exclusive jurisdiction and venue shall the County County State Superior Court Binding Effect This Agreement shall binding upon and enure the benefit Customer and Designers and their respective successors and assigns provided that Designers shall not assign any their obligations under this Agreement without Customer prior written consent Waiver The waiver either party any breach failure enforce any the terms and conditions this Agreement any time shall not any way affect limit waive such party right thereafter enforce and compel strict compliance with every term and condition this Agreement Good Faith Each party represents and warrants the other that such party has acted good faith and agrees continue act the negotiation execution delivery performance and any termination this Agreement Right Assign Customer has right assign sell modify otherwise alter the Project except upon the express written advance approval Designers which consent can withheld for any reason Right Remove Project the event Customer fails make any the payments set forth Exhibit within the time prescribed Exhibit Designers have the right immediately cease all work the Project until payment full paid Indemnification Customer warrants that everything gives Designers include the Project legally owned licensed Customer Customer agrees indemnify and hold Designers harmless from any and all claims brought any third party relating Customer Proprietary Material provided Customer Designers including any and all demands liabilities losses reasonable associated costs and claims including reasonable attorney fees arising out injury caused Customer Proprietary Material supplied Customer Designers copyright infringement and defective products sold result Customer distribution the Project Use Project for Promotional Purposes Customer grants Designers the right use the Project for promotional purposes and cross link with other marketing venues developed Designers Right Style Make Derivative Works Subject Section above Designers have the exclusive rights making any derivative similar works the Project and any similarities between Customer Project and future projects constitutes Designer methods and style and shall remain the right Designers Attorney Fees the event any party this Agreement employs attorney enforce any the terms the Agreement the prevailing party shall entitled recover its actual reasonable attorney fees and reasonable associated costs including expert witness fees Trademarks Logos and other Intellectual Property Issues Customer responsible for any Copyright Trademark issues related the creation and use Project files Customer Customer shall solely responsible for any Trademark Copyright searches pertaining the Project unless otherwise contracted for the Specifications Designers will not knowingly copy other rightfully trademarked copyrighted material Design Note Even you are creating artwork from scratch good idea conduct trademark search the words mark you are creating Even you the customer determine that trademark one close does not exist good idea make sure you have clause stating that the customer takes full responsibility for the eventual use the logo Each party represents and warrants that the date first written above they are authorized enter into this Agreement entirety and duly bind their respective principals their signature below EXECUTED the date first written above Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Designers Initials Customer Initials
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