This is a legal agreement between Hunter Rook on behalf of Rowdy Ferret Design (the “Designer”) and you (the “Client”) for completion of your graphic design and/or illustration project, (the “Project”) as discussed. Full details on the scope of the project and due dates are in email correspondence and will be binding as discussed at the time of this agreement. Please read this in its entirely!

Relationship of the parties
The Designer is not an employee of the Client and we are not forming a joint venture or partnership. As an outside supplier of services, the Designer is functioning as an independent contractor.

Responsibilities of the Client
Client acknowledges that they shall be responsible for performing the following in a reasonable and timely manner:
(a) coordination of any decision-making with parties other than the Designer;
(b) provision of Client’s content for the Project in a form suitable for reproduction or incorporation into the Project without further preparation, unless otherwise expressly provided in the Proposal;
(c) to be available and in touch with edits and further information as requested and needed; and
(d) final proofreading and in the event that Client has approved the Project but errors (such as, by way of example and not limitation, typographic errors or misspellings) remain in the finished product, Client shall incur the cost of correcting such errors at the rates specified below.

Pricing and Payment
The Designer has quoted you the hourly fee of $150, inclusive of all labor and software/hardware required to complete the project. The Designer has offered an estimate of the time required to complete a functional first draft of the Project(s), and if the first draft of the Project goes over the estimate for unforeseeable reasons, the Designer will let the Client know as soon as possible. The Client will be consulted for a decision on whether the Designer should proceed after the estimated time at additional expense, or stop at the estimated time and deliver what has been produced until that point.

The Designer will submit Invoices for the client every two weeks during the Project via e-mail. These invoices are not to exceed $8,000  or the initial total estimate (if provided) without prior Client approval or request for further edits.

PAYMENT IS ACCEPTED BY CASH OR CHECK ONLY
Checks should be sent to the following address, unless otherwise discussed:
Hunter Rook, Rowdy Ferret Design
13533 409th Ave SE North Bend, WA 98045


Revisions and Edits
You have unlimited revisions and edits available to you. This includes an unlimited number of changes due to  miscommunications, altered preferences, and last-minute changes to already-formatted content, though be aware these edits will be counted in the total hourly billing and cannot be included in initial estimates. As a result, a large quantity of edits or edits of a large-scale (“scrap it and start over”) nature will carry greater time and therefore cost. Designer error (as when elements are cut off, overlapping, or otherwise rendered non-functional) will be corrected in a timely manner at no cost to the Client, provided they are collected in a single itemized list no later than 12 days after the first draft completion.

Scope of the Project
The Designer agrees to fulfill all Project guidelines set forth by the Client at the time of the Agreement by the agreed-upon due date. Unless otherwise specified, the following is not included in your quote: testing, web hosting, seo work, analytics, printing, backing up of completed Project files, and/or maintenance of the Project, but any of the above can be added on for an hourly fee or as part of a maintenance package (see below). Substantial additions or changes to the project outside the scope of the original Agreement may occur additional design fees. For example, a website that later realized it needed increased functionality or design elements not explicitly set forth in the initial Proposal would result in a greater total project timeline and hourly cost than initially expected. These same Terms and Conditions will apply to any new additions.

Expenses and Additional Costs
Unless otherwise discussed, the Designer will pay all costs (software licensing, copying and scanning, professional tools, etc.) related to the design of the project. The Client is responsible for any recurring costs to a third party such as website hosting, which will be made clear at the start of the project, or for their own printing costs, in the case of a print-ready design project. In some cases, such as commissioned fine art or painting, the Client may be responsible for expendables (paint, ink, etc.), with prior approval. In the case of web design, the Client is always responsible for purchasing the domain name, hosting, and any theme or plugin costs, as estimated in the Proposal.

Meetings and Consultation Rates
The Designer’s consultation rate is $150/hour. This fee is waived for the first meeting (up to three hours) to discuss the project’s scope, deadlines, initial pricing, expectations, and specifications, as well as to get a feel for the design Client’s style and aesthetic. This fee is also waived for email correspondence, as well as for skype and phone meetings under an hour in length for current Clients (so you won’t be billed for those hours). If the Client requests an in-person or extended meeting, the Designer will as a courtesy remind them of these charges. The exception is for tutoring or consulting-exclusive Clients, who are always subject to consultation fees over the phone, Skype, or in-person, with a three-hour minimum. All in-person meetings that require travel outside of the 98045 zip code will incur a $20 travel fee in addition to hourly rates.

Discounts if your project is late
If a project is not completed for your first review by the estimated date, you'll receive a discount of 1.5% of the total design fee per day late, up to 50% off of the project’s value. This timeline is for the first draft, and does not include subsequent edits. Delays incurred due to the Client witholding critical information, images, approval, or content necessary to completing the Project will push back the estimated date of completion on a day-for-day basis. Client acknowledges and agrees that Designer’s ability to meet any and all schedules is entirely dependent upon the Client’s prompt performance of their own obligations.

Edits and Rush Rates
After the first round of work and one round of complimentary edits is completed, any further edits and additional work will be done at the Designer's first availability on a first-come, first-served basis among all clients. The Designer's standard hourly rate will apply to all edits with a 15 minute minimum. Discounted hourly rates and a waived minimum are available with maintenance packages (see below). Usually edits and updates are completed within 3 business days. If there is something time sensitive you need completed within one business day, please put "URGENT" in the subject line of your email and send a text notification to the Designer, and you will be moved to the top of the queue with a one-business day turnaround time. Please note that the rush rate of 150% your normal hourly rate will apply to all urgent tasks assigned in this manner.

Consequences if your payment is late
Unless otherwise laid out in the Proposal, Payment for projects and services are expected on a NET15 schedule. This means full payment is due 15 days after the billing period is completed and the Invoice is electronically sent. If payment is not received in this 15 day period, you will get a friendly reminder email, which starts a 15-day grace period, at the end of which you will start accumulating late fees as follows: 1.5% of the Total Cost of the invoice per month late (or the greatest amount allowed by state law) is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Designer reserves the right to withhold delivery and any transfer of ownership of any part of the Project if accounts are not current or overdue invoices are not paid in full. Designer reserves the right to pursue legal action for payment if Client is in default or overdue. All invoices are non-negotiable and the client is legally bound by this agreement to pay for all design hours completed (within the scope of the initial estimate).

Maintenance Packages: Keep your site up-to-date with a retainer
If desired, your project can include with a certain number of pre-paid hourly update credits. This design retainer ensures you have a professional on-call who knows your project inside and out to do the updates you need throughout the year. Update plans are available in increments starting from 2 hours/month, billed monthly. All maintenance packages include one hour of website updates, including code patches, analytics, security screening, daily offsite backups, and speed enhancements. It can also be used for SEO work. Two hours represents the maximum amount of time in a calendar month available to you for updates, though you are not obligated to use them all if not needed. Unused hours do not "roll over." The Client simply sends an email with a bullet list of updates to be made, and the designer will complete them within two business days. If additional hours are needed to complete edits, clients with a retainer plan will have first priority on purchasing additional hours. Clients who choose not to subscribe in a monthly retainer plan may instead purchase edits "a la carte" for a standard hourly rate as-needed, but please be aware these are strictly subject to designer availability, subject to a one-hour minimum, and not guaranteed within a particular timeline.

Copyright and Ownership of the Design Project
The Designer will license the commercial, exclusive rights of the commissioned Project to the Client immediately upon full payment. The Client agrees that the Designer may add the Client’s business’ name to the Designer’s Client List and use the Project’s design for promotional purposes (such as inclusion in online or print portfolios). The only exception is when there is a separate written confidentiality or NDA agreement specifically outlining that the Designer will not list the Client’s name in the Designer’s Client List. If any intellectual property used in the Projects is owned by a third party (for example, an illustration or a photograph), the Client is solely responsible for respecting any usage limitations placed on the property by that third party.

Satisfaction Guarantee
I, the Designer, warrant that my work will be free from defective craftsmanship and that it is original and does not knowingly infringe the intellectual property of others. If some portion of the work turns out to be objectively defective from a fault of my own, It will be my responsibility to repair or replace it as outlined above. Furthermore, I insist that you are happy with the finished Project. In the unlikely event that you are unsatisfied with the Project, let me know within 15 days and I will repair, correct or re-design any work that does not conform to the original project specifications in order to make it acceptable to you. All work will be considered accepted unless the Client notifies the Designer to the contrary within 15 days.

Acceptance of Terms
By responding with “I agree” and e-signing below, the Client affirms that they have read, understand, and agree to these terms and conditions in their entirety. If the Client has any questions or would like an exception to these terms, it is their responsibility to discuss them in advance and obtain a written agreement to that effect. These terms may be amended or cancelled only by all parties’ consent via email or other written correspondence. By responding “I agree” and continuing to engage the Designer’s services, the Client electronically signs and agrees to these terms and enters a legally binding contract where both parties agree to fulfil their obligations as listed above.