Here at Chromata we always do our best to fulfill your needs and goals, but sometimes it is best to have a few things written down so that we both know what is what, who should do what, and what happens if stuff goes wrong.
You are hiring Chromata, an independent design agency, to design and execute your project. In exchange for our services, you are agreeing to the terms and prices outlined in this contract and in the “Price Quote” that was emailed to you.
You won’t find any complicated legal text or large passages of unreadable text in this contract—we have no desire to trick you. We do want what’s best for both parties, now and in the future. The terms and conditions contained in this agreement continue to apply for any future work mutually agreed upon. So let’s do this!
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text documents, pertinent images and other important stuff as and when we need it, and in the format that we ask for. Of course, we’ll provide those kinds of materials as well.You agree to review our work and provide feedback in a timely manner. Deadlines work two ways and you will also be bound by any deadlines that we establish together. You also agree to stick to the payment schedule set out at the end of this contract. We have the experience and ability to perform the services you need and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set, but we can’t be responsible for a missed date or a deadline if you have been late in supplying materials or have not approved or signed-off on the work as scheduled.
We will do our very best to understand all of the nuances of your organization and the needs for this specific project. However, your institutional knowledge will always exceed ours. Understand that you have a responsibility to the success of this project by transferring as much important information as possible. (You can transfer doughnuts and cookies too.)
Anyway, for most projects, this transfer of knowledge will begin with an online request form. If we ask you to fill out a form for your project, please take it seriously and do so to the best of your ability. The more description, links, and information you provide upfront about your vision for your project, the better product we will be able to provide.
Included in our core values is a commitment to equal treatment and equal oppurtunity. You affirm that you do not discriminate against any employees, interns, customers, or beneficiaries of your services on the basis of age, citizenship status, arrest record, color, credit history, creed, disability, sex, gender identity, marital and partnership status, national origin, pregnancy, race, sexual orientation, military status, status as a victim of domestic or sexual violence, and unemployment status. (Discrimination involves treating a person or persons less fairly than others).
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in your project are either owned by you or you have permission to use them in the capacity of your project. Chromata will not be held liable in any manner whatsoever for the use of any images or graphics you provide—if someone complains, defending the use will be up to you.
If your project requires us to use images that are not specific to your company or organization, Chromata absolutely guarantees any use or purchase of those images will be on the up and up (we’ll buy all of the usage rights we deem necessary for your project).
That being said, Chromata assumes no responsibility for trademark clearance associated with your project and has no liability for any third party challenges or objections related to any claimed intellectual property associated with the work we provide. Though we always strive to create original and unique content, obtaining official trademark clearance with the U.S. Patent and Trademark Office is a completely separate process from what we provide. Therefore, we cannot guarantee any logo, website, poster, or any other design product or advice we provide will be immune to third-party claims of trademark or intellectual property violations.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and any other visual elements that we create for this project. We’ll share with you all files related to your project. Be sure to download and save these files somewhere really safe within 30 days, as we are not required to keep your project’s files forever.
We love to show off our work and share what we have learned with other people, so we also ask for the right to display what we do as part of our portfolio and to write about the project on websites and social media to show how awesome we are. We may choose to display any of the iterations/drafts of the work developed while creating your project.
Of course, we can even do this in cute little bits. Have some info too sensitive to share with the world? Let us know, and yes, we can absolutely leave that out... but we’d love to show off the rest.
We are sure you understand how important it is to our small business that you pay the invoices we send promptly. As we’re also sure you’ll want to stay friends, please complete all invoice payments within 30 days of receipt. A final invoice will be emailed to you upon the completion of your project, and it will include all relevant payment instructions (options offered both online and by check).
We’ll try to keep this brief. We’re going to try really hard, but we can’t guarantee that your project will go flawlessly, after all, things happen. However, we can agree to do everything possible to be part of the solution, not the problem.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Chromata’s performance under this agreement may be subject to cancellation, in whole or in part, due to circumstances out of the direct control of Chromata or you, the purchaser, which may prevent the project from continuing (sometimes called force majeure). Circumstances may include, but are not limited to: acts of God (like fire, tornadoes), national emergencies, serious illness of key staff, or similar occurrence beyond either party’s control, making it impossible, illegal, inadvisable, or commercially impracticable for one or both parties to perform its obligations under this agreement, in whole or in part.
The party affected by such event shall give prompt written notice to the other party and shall use commercially reasonable efforts to promptly find alternative means to resume performance.
We break with industry standards and do our best to determine a flat price for each project before beginning so that you never have to worry about how much your project will cost; however, projects evolve, and therefore the pricing provided on your “Price Quote” is not an invoice or a guaranteed final cost. In some instances—especially with large or complex projects—what is included in this initial price breakdown is not sufficient to complete your project to its fullest potential.
If changes do need to occur to the original price quote, we will always let you know before work continues so that you never have to worry about your project’s cost.
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place throughout the duration of our work partnership and need not be renewed. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Texas courts and Texas law.
Now all that remains is the dotted line...