Graphic Design Terms

These Terms and Conditions ("Agreement") govern the provision of graphic design services ("Services") by Matthew Werleman ("Graphic Designer" or "Designer") to the client ("Client" or "You"). By engaging the services of the Graphic Designer, you agree to the following terms:

Scope of Work:

a. The Graphic Designer will provide graphic design services as agreed upon in the project proposal or work order.

b. The Client will provide all necessary materials, content, and information required for the project, including logos, images, text, and any other relevant assets.

Delivery Timelines:

a. The Graphic Designer will make reasonable efforts to complete the project within the agreed-upon timeline, as specified in the project proposal or work order.

b. The Client understands that delays in providing necessary materials or information may affect project timelines, and the Graphic Designer will not be held responsible for such delays.

Trusted Partners Clause:

a. During peak seasons, holiday periods, extended personal leave, or upon prior communication during the onboarding process, the Graphic Designer may assign specific tasks or projects to contractors (“Trusted Partners”) to fulfill client work. Trusted Partners may also be referred to by their names within the Workspace.

b. The Graphic Designer will personally assign a Trusted Partner to relevant tasks, which will be reflected in Progress. If a Trusted Partner is assigned to a request, the Client may communicate directly with them via the respective card in Progress or through the Group Chat by inserting an @ and selecting their username.

c. All communications with Trusted Partners will remain accessible to the Graphic Designer to ensure quality, mediate or intervene in conversations as necessary, and uphold standards.

d. The Graphic Designer guarantees quality assurance for all tasks or projects fulfilled by Trusted Partners. If their work does not meet the expected standards, the Graphic Designer will personally reassess and complete the task or project, voiding part, some, or all of the associated costs if necessary.

e. Trusted Partners represent the designbymatt.co brand but may have gained experience through their own entrepreneurial design endeavors. Each Trusted Partner undergoes extensive training and a trial period to ensure alignment with the expectations of designbymatt.co.

f. Clients may be asked to participate in providing real-world design tasks as part of Trusted Partner training. Participation is voluntary, and Clients who agree may receive discounted designs or design credits as a gesture of appreciation.

Intellectual Property:

a. The Client retains all rights, title, and ownership of any intellectual property provided to the Graphic Designer for use in the project.

b. The Graphic Designer retains all rights, title, and ownership of any pre-existing materials or intellectual property used in the project, unless otherwise agreed upon.

Usage and Copyright:

a. Upon the Client's full payment, the Graphic Designer grants the Client a non-exclusive, worldwide, royalty-free license to use the final design(s) for the intended purpose.

b. The Graphic Designer retains the right to showcase the completed project in their portfolio, website, social media, or other promotional materials, unless otherwise agreed upon.

Revisions and Approval:

a. The Client shall review all deliverables promptly and provide feedback within the agreed-upon timeframe.

b. The Graphic Designer will make reasonable efforts to accommodate reasonable revisions, as specified in the project proposal or work order.

c. Excessive revisions or changes beyond the agreed scope of work may be subject to additional charges.

Payment Terms:

a. The Client agrees to pay the Graphic Designer the agreed-upon fee for the Services rendered.

b. A deposit may be required before the project commences, with the remaining balance due upon completion, unless otherwise specified.

c. Late payments may be subject to late fees or interest charges as specified in the project proposal or work order.

d. Requests marked as “Urgent” by the Client will incur an additional fee, referred to as the “Urgent Request Add-On,” which ranges from $20-$30 for small projects and $100-$150 for mid-sized projects.

Confidentiality:

a. The Graphic Designer agrees to treat all information provided by the Client as confidential and shall not disclose it to any third party without the Client's prior written consent, unless required by law.

Termination:

a. Either party may terminate this Agreement at any time for any reason by providing written notice before the completion of the project to the other party.

b. In the event of termination, the Client shall compensate the Graphic Designer for any work completed up to the termination date.

Limitation of Liability:

a. The Graphic Designer shall not be liable for any indirect, incidental, special, or consequential damages arising from the provision of Services.

b. The Graphic Designer's liability, if any, shall not exceed the total amount paid by the Client for the Services.

Governing Law and Dispute Resolution:

a. This Agreement shall be governed by and construed in accordance with the laws of The Netherlands (or) The United States of America.

b. Any dispute arising from or relating to this Agreement shall be resolved through amicable negotiations between the parties. If a resolution cannot be reached, the dispute shall be submitted to binding arbitration in accordance with the rules of The Netherlands (or) The United States of America.

By engaging the services of the Graphic Designer, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.