1. Changes : The Client shall be responsible for making additional payments for changes requested by the Clients in original assignment and deadlines will be renegotiated. However, no additional payment shall be made for changes required to conform to the original Project description. 

 

2. Cancellation : In the event of cancellation of this Project, ownership of all copyrights and the original artwork shall be retained by Designer. Payment for Project shall be kept as a cancellation fee for work completed, based on the contract price and expenses already incurred.

 

3. Ownership of Artwork : Designer retains ownership, licensing and copyright of all preliminary work. The ownership, licensing and copyright of the final work shall transfer to the Client upon completion and fulfillment of the Agreement by both Client and Designer unless specific modifications are made (see section 6).

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4. Design by Links : Designer’s Copy & Pattern shall receive a by line with any editorial usage as well on bottom of website page unless requested otherwise by Client.

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5. Releases : The Client shall indemnify the Designer against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses exceeded authority granted by a release.

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6. Modification : Modification of the Project Agreement must be written, except that the invoice may include, and Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.

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7. Uniform Commercial Code : The above terms incorporate Capital Article 2 of the Uniform Commercial Code. 

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8. Code of Fair Practice : The Client and the Designer agree to comply with the provisions of the revisions of the Code of Fair Practice.

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9. Warranty of Originality : The Designer warrants and represents that, to the best of her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any unlawful matter. This warranty does not extend to any uses that the Client or others may make of Designer product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the buyers use of the Designer product to the extent such use infringes on the rights of others.

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10. Limitation of Liability : Client agrees that it shall not hold Designer liable for any incidental or consequential damages that arise from the Designer failure to perform any aspect of the Project in accordance with the contract.

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11. Dispute Resolution : Any disputes arising out of this Agreement, shall be submitted to binding arbitration by a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer.

12. Acceptance of Terms : The payment for this Project shall evidence acceptance of these terms.