TERMS OF SERVICE
1. Time for Payment
All payments are due on the date listed on the previous page (monthly billing takes place on the week of the 15th of every month). An additional late charge will be collected on all past due balances. The grant of any license or right of copyright is conditioned on receipt of full payment. Client understands that there is a paid-in-full date (the date of the last payment listed on the previous page) on this contract, which all payments must be completed by. If for any reason the project is extended beyond this date, the pay-in-full date will not change. Once final payment has been received the client will receive ownership of the designs, with the exception of the right to resell or distribute the designs for other businesses outside of the business in this agreement. Doodle Dog will retain the right to share or feature any design work on our website, blog, social platforms or any additional avenue, before, during or after the transfer of file ownership.
2. Default in Payment
The client shall assume responsibility for all collection of legal fees necessitated by default in payment.
3. Estimates
All fees and expenses shown pertain to the project described only. Client will be notified prior to additional billing for any additional design, functionality or out of scope elements that are requested by the client.
4. Expenses
The client shall reimburse Doodle Dog for all expenses arising from this assignment, including but not limited to the payment of any purchased images, software, or additional development requests that arise as a result of this project. Client will be notified in advance if there will be additional charges.
5. Time of Revisions
The client shall be responsible for making additional payments for changes requested by the client after they have approved the project or outside the project scope. Once the project has been approved for release no design changes are allowed free of charge. All changes requested after release are considered maintenance and will be charged as a separate fee. The client is responsible for providing feedback in a timely matter. If no feedback is provided within the 30 day revision time frame the project will be put on hold for a maximum of 3 months.
6. Cancellation
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Doodle Dog, and a minimum cancellation fee of 50% of the total package value will be owed by client and due within 30 days of cancellation. If the client has opted not to finish the project after the development phase has begun the client will be responsible for their total package and all associated fees. Due to the custom nature of the assignment no design refunds will be made once the design process has begun, for any reason. Once the project is in the development process there will be no refunds granted for any portion of the package.
7. Design & Naming Protection
It is the client’s responsibility to obtain trademarks and/or copy-protect all final art that is the subject of this agreement against duplication or alteration. The client is also responsible for selecting and opting to use a business name that is legally valid and ethically available. Doodle Dog will not be responsible for verification of a business name in any way.
8. Website Alterations
All credit lines (legal line at the bottom of the website noting that the site was created by Doodle Dog) must be left unedited for the entire life of the website that we have created.
9. Unauthorized Use and Program Licenses
The Client will indemnify Doodle Dog against all claims and expenses arising from uses for which the Client does not have rights to or authority to use. The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of graphics, programs, names, and/or copy that require such payments (ie. lead management software, stock photography, etc.).
10. Warranty of Originality
Doodle Dog warrants and represents that, to the best of his/her knowledge, the art 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 Doodle Dog has full authority to make this agreement; and that the work prepared by Doodle Dog 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 the product that may infringe on the rights of others. Client expressly agrees that it will hold Doodle Dog harmless for all liability caused by the Client’s use of the Artist’s product to the extent such use infringes on the rights of others.
11. Limitation of Liability
Client agrees that it shall not hold Doodle Dog or his/her agents or employees liable for any incidental or consequential advertising or optimization performance issues.
12. Credit Card Authorization
The Client understands that all payments will be automatically billed to the account information that is provided on the credit card authorization form provided to them. If the client cancels that card they are responsible with getting a replacement card to Doodle Dog prior to the date of billing to avoid late fees. All maintenance work that is approved by the client on this project or in the future will also be billed to the same card unless otherwise Doodle Dog is otherwise notified in advance. All charges are processed on the week of the 15th, every month. During the site launch, if the client has not yet purchased the domain name, hosting, and/or an SSL, it will be purchased on the card provided in order to launch the website.
13. Results
Doodle Dog will not be held responsible for the results of any marketing, advertising, traffic generation and/or search engine optimization campaigns.
14. Acceptance of Terms
By completing a contract or credit card authorization form, a client agrees to the above specified terms.
