What do both parties agree to do?

As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we will need to complete the project including text, images and other information, as and when we need it, and in the format we ask for. You agree to review our work, and provide feedback and approval in a timely manner.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. We will endeavour to meet all the deadlines set but we cannot be responsible for a missed launch date or a mutually agreed deadline if you have been late in supplying materials, or have not approved or signed off our work on-time at any stage. We will also maintain the confidentiality of any information that you give us.

Book Shepherding & Design

We will design and work with you to create a book as defined in the Project Proposal we both agree to and sign. We will consult and advise on the production and printing process, with additional support researching photographers and shipping / distribution options. Decisions made in response to this guidance will be your ultimate responsibility; all contractual relationships to third-parties (printers, photographers, writers & editors) will between you and them. If additional consultation and support is required beyond that estimated in the proposal, additional support is available at the hourly rate of $125.

This contract includes up to 3 draft designs for you to select from; one fully implemented design and templates as described in the Project Proposal; up to two rounds of revisions to the selected style. If you are not satisfied with the designs at this stage, you will pay us in full for all of the work that we have produced until that point, and you may either cancel this contract or continue to commission us to make further design revisions at the hourly rate of $125.

Text Content

We are not responsible for your text content but will make occasional editorial recommendations, if appropriate, to help ensure a polished delivery of your message. Full suite copy-editing and writing support can be negotiated separately, or we can recommend third-party editors.

Photographs

We will inquire with our list of photographers to help you source quotes for custom photography. You agree to negotiate copyright directly with photographers you contract.

If you wish to use stock imagery, we will recommend stock photography sources; if you wish to hire us to search for appropriate photographs will be charged at $125 per hour. Image purchase costs are excluded from our estimate. We will ask for your consent before purchasing any stock images for your project. You may alternatively supply us with photographs of your choice in either digital or printed format.

Changes and Revisions

We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind.

The quoted cost in this document are based on the number of hours that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, and want to add new functionality, that won't be a problem. You will be charged the hourly rate of $125. Along the way we might ask you to put requests in writing so we can keep track of changes.

Technical Support

We will orient your production staff to the templates we create, as described in our Project Proposal.

Legal

While we hold high standards of design and employ quality control at every stage of our production process, we cannot guarantee that the work we produce will always be error-free, and so we cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the use of a template, process, or file.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Confidentiality

In the process of working together we may have access to proprietary and/or confidential information, including information disclosed, directly or indirectly, in writing, verbally, or by any other means. We agree not to disclose any personal information, business requests, personal requests, comments, plans, proposals, ideas, marketing information, financial information, documentation, or any other information disclosed, recognizing that such proprietary or confidential information may be commercially valuable. This information will be received and maintained in confidence. We agree to safeguard proprietary or confidential information from disclosure to third parties, except where required by law, or where both parties agree that specific and limited disclosure is appropriate. We agree not to share confidential information with any subsidiaries, affiliates or related organizations without your prior written approval. This provision will survive the termination of this agreement. 

Termination

Neither party to this contract may terminate this agreement during the contract period unless the specifications of this agreement are not met by either party. If, at any time, a party’s performance or conduct under this agreement is found by either party to be in material breach of this agreement, the breaching party shall have ten (10) business days to cure the breach. If the breach is not cured within ten (10) business days from notification of the breach, then this agreement may be terminated by the non-breaching party.

In case of termination, we will deliver work produced up to and including the date of termination, and will be entitled to payment up to the time of termination. “Work in progress” will be provided to you, excluding preliminary working files and any design drafts that you did not select for further development.

Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the book and templates are either owned by you, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics, templates, and print files that we create for you for this project. We will give you a copy of all files and you should store them safely. We keep copies also, but cannot guarantee access indefinitely. We do not provide the native source files we use to create the graphics and visual elements, except where defined in the Project Proposal.

You also own text content, photographs and other data you provided, unless someone else owns them. You retain copyright of the contents of the book and print files.

We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about design. We do not publicize work that includes confidential content.

Payments

We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly.

Small Print

This contract cannot be transferred to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.