the not so fine print
This Agreement (The “Agreement”) Is Made By And Between The “Client” And The Brand Engine, LLC, in Consideration Of The Mutual Agreement Made Herein, Both Parties Agree As Follows:
Brand Engine, LLC agrees to produce project work at the request of the client for fees agreed upon in advance from approved estimate and delivery of the work by an agreed-upon deadline.
Brand Engine, LLC acknowledges that it may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Brand Engine, LLC agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Brand Engine, LLC before this Agreement is signed or afterward.
Client has the authority to enter into this contract on behalf of yourself, your company or your organization. Client agrees to give Brand Engine, LLC all information in the correct forms and in a timely manner in order to complete the project. Client will review work, provide feedback and approval in a timely manner. Deadlines can only be met if client provides work in a timely manner.
Client must approve all printed material and copy before production. Websites must be approved before launch. Brand Engine, LLC can not guarantee that any copy will be error-free.
Brand Engine, LLC are not liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you have advised us of them.
Brand Engine, LLC may display materials and final work created for Client in its portfolio, website and social media.
Brand Engine, LLC must have a single point of contact within your organization. This designated person will be the only one with the power to accept, approve all deliverables, and submit revisions.
Brand Engine, LLC operating hours are Monday through Friday 9 AM to 5 PM and are subject to change. We are only accessible to clients during these operating hours. Email is our preferred method of communicating. Emails will be answered during normal business hours. We do not text with clients.
The Client guarantees that all elements of text, images or other artwork they provide are either owned by the Client or they have permission to use them. Only when your final payment has cleared, copyright will be automatically assigned as follows: You will own the visual elements that we create for this project. You own all elements of text, images and data you provided, unless someone else owns them. We will return all edited images and graphics for use as you see fit.
All services provided by Brand Engine, LLC under this Agreement shall be for the exclusive use of the Client other than for the portfolio use by Brand Engine, LLC.
We are not required to keep a copy of your project once compete. You are responsible for downloading all projects and backing them up as you see fit.
Upon payment of all fees and expenses, the following rights for all approved final designs created by Brand Engine, LLC for this project shall be granted:
Depending on needs, client will receive:
Clients do not have access or rights to “source” files. These would be the editable documents and photos that the finished product ready files come from. These include, but not limited to:
- .PSD ( photoshop documents )
- .NEF ( camera RAW, extension changes with camera make )
- .INDD ( Adobe Indesign doc. )
- .AI ( Adobe Illustrator doc. )
- .DNGs ( digital negatives )
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS. We will not mock up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (color, texture and typography.)
If at any stage before completion of project you are not happy with the direction our work is taking, you will pay us in full for everything we have produced until that point and cancel this contract.
We are not responsible for writing text copy for your project. It is not included in Graphic Design or Web Design services. If you would like us to write new content or input text for you, we can provide a separate estimate for that.
Brand Engine, LLC test work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We do not develop for Internet Explorer. We will not test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate. We test our work in: iOS: Safari and Google Chrome. We do not test on Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers.
Brand Engine, LLC is not a website hosting company. We will help you set up with our third-party host for your website. They will bill you monthly. We cannot control their pricing or service. Hosting is between you and the hosting company. Transferring sites to other hosts are possible but we do not guarantee certain parts will not break.
Brand Engine, LLC is not a domain registrar. We do not hold the rights to your domain. We can set up your site on any statistics software such as Google Analytics and we can provide a separate estimate for that. The updates to, and management of that server will be your responsibility.
Compensation and Terms:
By signing this document you have approved the estimate and your project timeline. Brand Engine LLC, may require a 50% deposit before work begins. The price is based on the approved estimate from the information you have provided. If you want to change or add anything we will provide a separate estimate. The deposit will be applied against services rendered and expenses advanced until the amount of those services and expenses exceed the deposit amount. At that time we will request payment for the completion of the project. We reserve the right to request additional deposits based on need.
Brand Engine, LLC is responsible for the payment of all federal, state, and/or local taxes with respect to the services we performs for the client as an independent contractor. The Client will not treat Brand Engine, LLC as an employee for any purpose.
Acceptance of Terms:
The Client cannot transfer this contract to anyone else without Brand Engine LLC’s 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.
By signing below Client agrees to pay for the services rendered by Brand Engine, LLC for the Work as agreed upon. Client agrees they have read, understood, and are considered legally bonded to these terms.
Should this contract be terminated by either party for just reason with documentation and cause any pre-paid balance remaining with be refunded less 35%.
Client also acknowledges that they have read and understand the document, “How we work.”