Subscription Design Service Terms
Description of Services
This page serves as a preview of the contract for my services.
The client as identified in the signature line below (“Client”) hereby engages the services of Ralph Betesh ("Designer") for the provision of subscription-based graphic design services (“Services”). The Services include the creation of eBooks, reports, case studies, infographics, landing pages, pitch decks and presentations, brochures, and social/thumbnail graphics, based on a point-based system as outlined below.
The Designer's services do not include logo design, branding projects, copywriting, long-form motion graphic videos, and illustration-focused projects. However, it is possible to work with third parties for services not covered under this agreement.
Subscription Plans
The Client may choose between two subscription plans:
2 project points per month: Includes one design delivery twice per month (every two weeks) and 4 social/thumbnail graphics.
4 project points per month: Includes four design deliveries per month (one per week) and 8 social/thumbnail graphics.
A design delivery is considered one Service item, such as one eBook or one case study, and related social/thumbnail graphics as specified in the plan.
Most projects ('designs") fall under the 1 point scope. However, very large projects may be 2 or more points. When discussing the Client's design needs, the Designer, in his sole discretion, will assess whether a project is 1 or 2 points. Ongoing projects that get significantly extended in time duration may use additional project points. The project point system is designed to be flexible, accommodating a variety of project types without being concerned with hours.
Payment Terms
The Client will pay for the subscription design service on a monthly basis. For the first month, 100% of the payment is due before work commences. Afterward, there will be a two week payment window from the last week of the month through the first week of the next month.
Revision Policy
Each project includes two rounds of revisions. The Client acknowledges the importance of providing comprehensive feedback before requesting revisions. Revisions must be reasonable in scope; significant, comprehensive revisions or a significant shift in direction may be considered a new project. The Designer will make an effort to ensure he and the Client are on the same page before design work commences to minimize revisions.
Cancellation Policy
The Client must provide a minimum of 30 days' notice before canceling the subscription.
Ownership of Designs
Upon full payment, the Client shall have full ownership rights to the designs and receive source files and exported designs. The Designer reserves the right to showcase completed designs in their portfolio for promotional purposes, unless the Client requests otherwise to protect sensitive information.
Confidentiality
Client information shall be treated with utmost confidentiality and will only be shared with third parties as necessary for the provision of services. Project files will be saved on secure platforms such as Dropbox.
Dispute Resolution
In the event of severe issues or dissatisfaction with the service, the Designer may offer refunds for unfinished work, if applicable, and possibly terminate the business relationship with immediate effect. To initiate a dispute, the Client can mention the relevant issues in a meeting or email.
Additional Services and Fees
Any additional services required or initiated by the Client, such as copywriting, motion graphics, or illustration, will be at the Client's expense. This does not apply to third parties hired by the Designer for regular services.
The Client is responsible for the cost of hosting designs or web pages and any development associated with web pages designed by the Designer.
The Client is responsible for any taxes applicable in their location and communicating their needs on the matter.
Communication and Feedback
Designs will be shared via Adobe comment links for feedback. Regular virtual meetings will be scheduled for ongoing communication. Communication will also be facilitated via Slack and email for prompt response and collaboration.
Termination and Delivery of Work
Upon termination of the subscription, the Designer will provide the Client with a folder containing all completed work and assets. The Designer reserves the right to retain copies of the work for portfolio purposes.
Error Responsibility
While every effort will be made to avoid errors, the Client is responsible for checking all designs for errors prior to publishing. The Client is also responsible for ensuring they have the rights to use any assets provided to the Designer. The Designer utilizes licensed assets such as stock photography from Envato to ensure compliance with copyright laws. The Designer is not responsible for copyright violations or errors such as typos.
Project Languages
The default language for copy in designs is English. If the Client requires a different language for a project, they must notify the Designer accordingly, obtain approval, and ensure that the selected language utilizes the Latin alphabet.
Project Extension
If projects are extended, they may consume an additional project point at the discretion of the Designer.
Rollover Policy
The Client can carry over one unused project point to the next month, after which it expires.
Client Engagement Statement
To ensure the optimal utilization of all project points within a month, it's vital for the client to remain actively engaged and adequately prepared. This includes providing necessary assets to begin projects on time, being available for questions and feedback within 1-2 business days, and showing up to reoccurring meetings. Waiting until the month's end may pose challenges as the Designer may have limited availability to accommodate all projects. Consequently, if a client delays a project to the extent that timely delivery becomes unfeasible, the Designer cannot offer refunds, as the time slots have already been reserved for their benefit.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Limitation of Liability Clause
The Client agrees that the Designer's liability for any claims, damages, or losses related to the Services provided under this Agreement is limited to the total fees paid by the Client for those Services.
Designer Availability
The Designer may occasionally take vacation, sick, and personal days, during which he will be unavailable. The Designer will communicate these plans to the Client as early as possible to minimize inconvenience and may offer to make up for missed work over the following weeks or month, or otherwise provide a partial refund. The Designer will clarify how his absences may affect project timelines.
The Designer will typically be available during standard U.S. business days between the hours of 10am and 5pm EST. Business hours are subject to change, and the Client will be notified of any changes.