This AGREEMENT is between of , hereafter referred to as “Client” and Chico Designs (chicodesigns.com) hereafter referred to as “Consultant”. This agreement is with respect to the design of , hereinafter referred to as the “Work”. Whereas, Consultant is a professional web designer of good standing; Whereas, Client wishes Consultant to create certain Work described more fully herein; and Whereas, Consultant wishes to create such Work; Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:

CONFIDENTIALITY

The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:

1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential.

BRIEF DESCRIPTION OF WORK

PAYMENT SCHEDULE

Starting date is and estimated completion date is , for the total price of and/or estimated hours at a cost of $60 per hour.

Client shall pay Consultant , as a deposit for project commencement. The balance of is due on completion date, and prior to file relinquishment, or upload and/or assembly of website on Client’s web server.

Monthly hosting fees will be . Social media management and website maintenance will be per month.

DUE DATES

Consultant agrees to deliver samples of design on dates as agreed. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.

FEES & ADDITIONAL SERVICES

Changes in client input or direction or excessive changes will be charged extra. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of this agreement, or in the attached Proposal will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.

EXPENSES

Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Telephone Consultation, Templates, Themes, Travel)

ASSIGNMENT OF WORK

Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.

RESERVATION OF RIGHTS

All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.

PERMISSIONS AND RELEASES

The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

PUBLICATION

The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior approval from the Client.

COPYRIGHT NOTICE

Copyright is in Consultant’s name. Upon completion of Work and final payment received, the copyright will be released to the Client.

CLIENT DELAYS

If the client does not provide required materials and/or the project is postponed 6 months from the contract date, due to client related issues, then the quote is no longer valid, and deposit will be retained by the consultant. Deposits made for projects that were not started within the 6 months time frame are non-refundable , non-negotiable, and the deposit is not applicable to future projects or discounts.

TERMINATION

Either party may terminate this Agreement by giving 10 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within 30 days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.

This Agreement shall be governed by and construed in accordance with the laws of California and the United States applicable therein.

CONTACT INFORMATION

E-mail: Phone Number:

Mailing Address:

SIGNATURE

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

Client signature: ¹ Date:

¹ Typing your name in the signature field constitutes a legally binding electronic signature.

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