1 // Service
The following services are offered by Drag & Drop Creative which include the following: research, conception, design, production, meetings, travel, conference calls, vendor interaction, price quotes, and consultation. There will be a minimum job charge of one (1) hour per order ticket. Project hours will begin once the contract is signed and the deposit is received. If client does not respond on a timely basis, or requires additional revisions beyond the scope of this Agreement, it will be necessary to invoice for this additional time. We enter this Agreement fully expecting to complete the website design/development project within said parameters.
2 // Payments
Deposits are non-refundable to secure and retain project clarification, planning, and other services. A deposit is required before any project is initiated. If the parameters of the Work changes, or if it involves much more time than originally estimated, Drag & Drop Creative will inform Client and they can renegotiate the rate. Drag & Drop Creative will bill for half of the total estimated cost when Drag & Drop Creative begins the Work and the rest upon completion. Drag & Drop Creative will submit the final invoice for the Work upon receiving approval from Client. If Drag & Drop Creative has not received any comments or revisions within a week of submitting a completed draft, Drag & Drop Creative will send the invoice. Drag & Drop Creative requires half of the total estimate cost up front before beginning a rush job if for a first-time client.
3 // Late Fees
Failure to make payments on time, without prior consent by Drag & Drop Creative, will result in the assessment of late fees for any additional processing that will be required. The late fees are as follows:
- 15% late fee assessed if the payment is not received within 2 weeks of invoice date.
- 25% late assessed if the payment is 30 days late.
4 // Imagery
Stock will be charged per individual basis depending on vendor and/or photographer. Client agrees that all images, video, and audio provided to create product are permitted for use.
5 // Copyright
Drag & Drop Creative will not use materials known to be a copyright of a third party without permission to use, reprint, or for fair use. Drag & Drop Creative will also not knowingly use materials (such as advertising materials) to be used for trademark infringement.
6 // Privacy
The information provided to Drag & Drop Creative by the client is not shared with third parties without prior authorization.
7 // Project Approval
No jobs will be sent out for production or websites made live without proper written or digital authorization. The client shall be responsible for making additional payment for changes requested by the client in original assignment.
8 // Contingency
Any additional hours or deliverables exceeding the contracted hours will be accumulated for the sake of project completion, the hours will be charged as “billable hours” at the regular hourly rate. Client will be notified and provided with timesheet when work hours have exceeded contracted hours. By continuing project after receiving notification, client agrees to pay all the additional billable hours accumulated.
9 // Ownership of Rights
Project costs account for only final deliverables. Client will only receive ownership of final approved deliverable. Previous proofs, originals, concepts, sketches, and native/source files are owned by Drag & Drop Creative unless other arrangements are made. Typically, native/source files are 2x the total project cost not including photography assets and fonts. Ownership of all copyrights and the original artwork shall be retained by Drag & Drop Creative.
10 // Cancellations
Upon written or verbal cancellation, client is responsible for payment for all expenses incurred and any work done toward the completion of the project based on the percentage of project completed. Should Client cancel the project following its completion, Client is responsible for full payment as per the above estimate plus all other expenses incurred.
11 // Limitation of Liability
Client agrees that it shall not hold Drag & Drop Creative or his/her agents liable for any incidental or consequential damages that are from the failure of Drag & Drop Creative to perform any aspect of the project. Under no circumstances, shall Drag & Drop Creative its contractors, agents or anyone else involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential damages that result from the use or the inability to lawfully use the Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services.
© Drag & Drop, LLC, 2018. All rights reserved. The intellectual property, design and all other rights, including copyright, are the legal ownership of Drag & Drop, LLC. Any use, reproduction, or similar design, without written consent and transfer of rights from Drag & Drop, LLC. is a violation of United States copyright law.