Keep Creating Intentionally

1. Scope of Work:

   a. The graphic designer agrees to provide marketing and branding services, including but not limited to logo design, graphic design, social media graphics, and brand identity development.

   b. The specific deliverables, timelines, and any limitations or exclusions will be outlined in the project agreement or proposal.

c. Any delays in work from the designer due to illness, injury, or other events beyond Momming Creatively, LLC’s control, such as fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length. All delays will be communicated as soon as reasonably possible.

 

2. Payment Terms:

   a. The client agrees to pay the graphic designer the agreed-upon fees for the services rendered as outlined in the proposal or project agreement.

   b. Payment will be made according to the following terms: 50% deposit made for work to begin. Payments will be made through Square or Wix Payments platforms

   c. Late payment may result in a 10%  late fee.

d. The remaining payment is due when the final design is approved but before it is delivered. The client understands that the final design rights belong to Momming Creatively, LLC, AND WILL NOT BE RELEASED until the final project is PAID IN FULL.

 

3. Intellectual Property:

   a. Upon full payment, the client will have exclusive rights to the final designs for their intended use. Any re-selling of the work or design as the client’s own work is prohibited.

   b. The graphic designer retains the right to use the completed work for self-promotion or portfolio purposes.

 

4. Confidentiality:

   a. Both parties agree to keep all confidential information disclosed during the project, including trade secrets, client data, and marketing strategies, confidential and not disclose it to third parties without prior written consent.

 

5. Revisions and Approvals:

   a. Each project includes at least 3 rounds of revisions but does not exceed 5 revisions.

   b. Additional revisions beyond the agreed-upon limit will incur an additional fee appropriate for the project.

   c. The client will provide timely feedback, approvals, and sign-off on deliverables. The timeframe should not exceed 7 calendar days, at which time the designer will reserve the right to prioritize a project with a different client.

 

6. Termination and Cancellation:

   a. The client must terminate the agreement after the first if they wish to discontinue service. Termination of the agreement must be made in writing to tiffanyp@mommingcreatively.com.

   b. In the event of termination, the client will pay for all work completed up until the termination date. Any deposit paid is non-refundable

c. If the client has multiple services with the designer, individual services may be canceled and the invoice for payment be adjusted.

 

7. Liability and Indemnification:

   a. The graphic designer's liability is limited to the fees paid by the client for the specific services provided.

   b. The client agrees to indemnify and hold the graphic designer harmless from any claims or liabilities arising from the use of the deliverables and/or work designed.

 

8. Dispute Resolution:

   a. Any disputes arising from this agreement will be resolved through mediation, with litigation as a last resort. Mediation must be in attempt for six months before litigation can take place.

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NO PAYMENT…. NO SERVICE

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If there are any questions in regards to the Terms of Service, please email tiffanyp@mommingcreatively.com, with subject line "Terms of Seervice".