CONTRACT NUMBER: CC18-000 Contract
CLIENT NAME: First Last Name
BUSINESS NAME: Name Here
DATE: JAN 01/18.
1 concept for review with minor revisions
Complete set of brand standards & guidelines for use
Print/web ready files supplied
25 - 30 hrs
1 concept for review with minor revisions
Print ready files supplied
*CFIA approved content (English & French) sizing & labels, UPC Codes, logos and graphics (if applicable) must be supplied in advance. Dieline must be supplied by printer in advance and can be emailed to: email@example.com
10 - 15 hrs
1 concept for review with minor revisions
Print ready files supplied
*Printing and/or shipping fees (if applicable) not included.
3 - 5 hrs
1 concept for review
Client will update as required
* Fees including domain, hosting, plug-ins, etc. are not included and clients responsibility. No notification of renewal will be made.
40 - 60 hrs
*** IMPORTANT ***
Your feedback is required within 3 business days from the time the digital files for review are sent. Failure to provide feedback within 72 hours will result in a $25/day + GST fee added to your Invoice.
If feedback cannot be delivered within this timeline, a written consent is required and may result in missed deadlines. Thank you for your understanding.
Labor fees ( consultation, design, art direction, production, copy writing, client services, research, etc.) are estimated at a total of $95.00 CAD per hour (not including initial consultation before contract agreement). *Caribou Creative is not responsible for any items shipped that are lost in transit.
Materials costs (RC/film/neg output, scanning, fonts, stock and/or photography, printing, paper, supplies, shipping fees, project specific materials, etc.) are Clients responsibility.
Total estimated cost of project: $1425.00 - $1900.00 (unless otherwise stated)
*Total average does not include 2nd, 3rd, or 4th design revision costs. These are to be determined by Client and Caribou Creative.
Project estimates are valid for 90 days from the date of estimate. Project may be re-estimated if, upon receipt of all project elements, the designer determines the scope of the project has been altered dramatically from the originally agreed upon concept. Printing fees will be estimated separately and payment arrangements made between Client and printer.
A deposit in an amount equal to 50% of the total estimated minimum cost is requested prior to execution of the project: $712.50. Then monthly payment will be made until project completion. A credit card is required to secure payment and can be submitted by clicking here. Fill out form and send.
Payment can be made via:
Visa or Mastercard (use directions above to send CC details or call: 250-812-9895 to provide over the phone. Never email your card number). If outside of Canada a 2% surcharge will be added to all transactions.
Cheques Payable to 'Caribou Creative' and will be cashed before project begins.
Email transfers are preferred and can be sent to: firstname.lastname@example.org (don't forget to email security password)
Payment in full or the remaining balance is to be paid upon delivery of the completed project.
Payment in full or the remaining balance is to be paid 15 days from receipt of the final invoice for the completed project. Finance charge of 19% per month (228% annually) on all overdue balances.
Additional payment arrangements: N/A
REPRODUCTION OF WORK
The Client assumes full reproduction rights upon payment for completed project.
The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. Where applicable the Client will be given any necessary credit for usage of the project elements.
REJECTION/CANCELLATION OF PROJECT
The Client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the Client observes any nonconformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the designer. Any usage by the Client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which Caribou Creative may become a party by reason of this contract.
COMPLETION/DELIVERY OF PROJECT
The estimated completion date the project is N/A -to be discussed. Any shipping or insurance costs will be assumed by the Client, and any items lost in transit are solely the responsibility of the shipper and receiver. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the Client. Any delay in the completion of the project due to actions or negligence of Client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the designer to extend the completion/delivery date, upon notifying the Client, by the time equivalent to the period of such delay.
ACCEPTANCE OF AGREEMENT
The above prices, specifications and conditions are hereby accepted. The designer is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above.
1. Time for Payment
Payment is due at each milestone due date as noted in the Product Description. All invoices for Billable Expenses are payable within fifteen (15) days of receipt. A 1.5% monthly service charge is payable on all overdue balances of milestone payments and Billable Expenses. Caribou Creative retains all rights to all intermediate deliverables submitted at each milestone. The grant of any license or right of copyright to the Client is conditioned on receipt of full payment by the Client of the Total amount and all Billable Expenses.
2. Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
If this form is used for an estimate or assignment proposal, the fees and Billable Expenses shown are minimum expenses only. Final fees and Billable Expenses shall be shown when invoice is rendered. The Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by twenty percent (20%) or more.
4. Billable Expenses
The Client shall reimburse Caribou Creative for all direct and indirect billable expenses arising from this assignment, regardless of whether the assignment is Cancelled or Terminated. Billable Expenses include but are not limited to costs of commissioning images or subcontracting talent, software or run-time license costs, the payment of any sales tax due on this assignment, any travel, research, postage and delivery, photocopying, and storage media expenses. The markup charged by Caribou Creative for supervisory and handling time on all Billable expenses shall be 20 percent (20%) of the Billable Expenses incurred.
5. Client’s Alterations
There shall be no charges to the Client for revisions or corrections or additions made necessary by errors on the part of Caribou Creative. Any other changes requested by the Client shall be considered Client’s Alterations if they are requested after the acceptance of the Design. Any changes and additions not due to the fault of Caribou Creative and requested by the Client before the approval of one of the Designs are not considered Client’s Alterations. The Client shall be responsible for making additional payments at the rate noted herein for any Client’s Alterations and any other changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer Caribou Creative the first opportunity to make any changes.
6. Acceptance Procedures
Unless otherwise noted in Acceptance milestone dates of the Production Schedule, during the Review Period within fifteen (15) calendar days of a Delivery, the Client shall either accept the deliverable and make the milestone payment set forth in the Production Schedule, or provide Caribou Creative with written notice of any corrections to be made and a suggested date for completion of the corrections which should be mutually acceptable to both Caribou Creative and the Client, or provide a written notice of assignment Termination if the work is found not to be reasonably satisfactory. The Client can Terminate the assignment only during this Review Period following the Delivery of a milestone deliverable. Any other termination of the Assignment shall be considered a Cancellation subject to the stipulations of Item 7. Caribou Creative shall designate Laura Prpich and the Client shall designate First Last Name as the only designated persons who will send and accept all deliverables and receive and make all communications between Caribou Creative and the Client. Neither party shall have any obligation to consider for approval or respond to materials submitted other than through the designated persons listed above. Each party has the right to change its designated person upon 10 calendar day(s) notice to the other.
The Client may declare the Cancellation of the assignment for reasons not related to assignment Termination defined in Item 6. In the event of Cancellation of this assignment by the Client, any milestone payments made prior to cancellation shall be retained by Caribou Creative. In addition, if cancellation is prior to the delivery of the Design Comps, a cancellation fee of fifteen percent (15%) of the balance of the Total payments shall be paid by the Client. If the cancellation is later but prior to the acceptance of a Design Comp, a fee of thirty percent (30%) of the balance of the Total payments shall be paid by the Client. If the cancellation is later but prior to the delivery of the Initial Version, the cancellation fee shall be fifty percent (50%) of the balance of Total payments. If the cancellation is after the delivery of the Initial Version, the cancellation fee shall be one hundred percent (100%) of the balance of all remaining dues. Regardless of when the project is cancelled, all billable expenses already incurred by Caribou Creative or Caribou Creative is liable to pay for shall be paid by the Client in full. In the event of cancellation, Caribou Creative retains ownership of all copyrights and any original artwork.
8. Assignment Termination
In the event that work in process is found by the client not to be reasonably satisfactory in accordance with the Acceptance Procedures in Item 6, the client may pay a termination fee to terminate the assignment. Any milestone payments made prior to termination shall be retained by Caribou Creative. If assignment termination occurs prior to the acceptance of a Design Comp, the client shall pay a rejection fee of ten percent (10%) of the balance of Total payments. If termination occurs after the delivery of the Initial Version, the termination fee shall be twenty percent (20%) of the balance of Total payments. If termination occurs after the acceptance of the Initial Version, the termination fee shall be one hundred percent (100%) of the balance of Total payments. Regardless of when the assignment is terminated, all billable expenses already incurred by Caribou Creative or Caribou Creative is liable to pay for shall be paid by the Client in full. In the event of termination, Caribou Creative retains ownership of all copyrights and any original artwork created by Caribou Creative. However, the Client retains all rights already purchased by Caribou Creative on behalf of the Client from third parties.
9. Ownership and Return of Artwork
The Client acknowledges and agrees that Caribou Creative retains ownership of all original artwork, in any media, including digital files, whether preliminary or final. The Client waives the right to challenge the validity of Caribou Creative’s ownership of the art subject to this agreement because of any change or evolution of the laws. The Client shall return such artwork within thirty (30) days of use unless indicated otherwise below: N/A
10. Copy Protection
The Client must protect all final art which is the subject of this agreement against duplication and alteration.
11. Credit Lines
Caribou Creative and any other creators shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated here: N/A
The Client shall indemnify Caribou Creative against all claims and expenses, including reasonable attorney’s fees, due to Client’s uses for which no release was requested in writing from Caribou Creative or for Client’s uses which exceed authority granted by a release by Caribou Creative.
13. Modifications of the Agreement
Modifications of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized by the Client in order to progress promptly with the work.
14. Warranty of Originality
Caribou Creative warrants and represents that, to the best of its 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 Caribou Creative has full authority to make this agreement; and that the work prepared by Caribou Creative does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of Caribou Creative’s product which may infringe on the rights of others. CLIENT EXPRESSLY AGREES THAT IT WILL HOLD CARIBOU CREATIVE HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT’s USE OF CARIBOU CREATIVE’s PRODUCT TO EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS.
15. Limitation of Liability
Client agrees that it shall not hold Caribou Creative or its agents or employees liable for any incidental or consequential damages which arise from Caribou Creative’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Caribou Creative or a third party. Furthermore, Caribou Creative disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
16. Dispute Resolution
Any disputes in excess of one thousand (1000) CAD dollars arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator. The Arbitrator’s award shall be final, and judgement 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 judgement in favour of Caribou Creative.
17. Acceptance of Terms
The signature of the designer as indicated directly below and the completed client form shall be evidence acceptance of these terms: