top of page

the real.

the D.L on collaboration.

breaking it down:

my methodology, 

terms, conditions,

working policies

and my promise to you.

rachellewebb | artinmotioncreativeservices
copyright 2019
 
it is highly recommended that you read this document through - in its entirety- prior to agreeing that you would like to work with me.
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Through many years of serving clients i have come to appreciate that in order to cultivate a harmonious and mutually successful relationship, it is particularly important at the onset of a professional relationship to foster full spectrum understanding. 
to me this means a strive for balance from the get go- we are both making investments; so let's begin with a foundation laid to usher in prosperity.
In that vein this page is my offering;
to educate, to offer transparency and essentially - lay it all out on the table as it were.
On this page you can find:
comprehensive terms, expectations, conditions, standards, maybe some philosophical musings and definitively my overarching ethos of collaboration- such as it is.
because the nature of our digital world has not only upped our expectations but at the same time shortened attention spans-
this page contains my best effort to eliminate perpetually mile long emails explaining things, or many-paged documents detailing the functionality of my role, as your Partner in co-creating a better world. 
You can find it all here, in one place, so that prior to agreeing on a working arrangement, you are free to browse through how i operate, my process, methodologies and expectations from you, as a client and how i hope we will operate together as co-creators.
 
the goods.
{what you are getting when hiring me}
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Creative Catalysis and My Promise to You.
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In my freelance career i have adopted the name 'Creative Catalyst' - at first it was a joke, a label i was branded with - ( i don't recall by whom ) But i have come to appreciate it and how it defines not only my own personal nature - nor my work in the world - 
but the ripple effect of that work as i continue to be blessed by witnessing the profound transformations
that take place in my Client's businesses and very often their lives at an overall.
- the term 'Creative Catalyst'  encompasses my methodologies
and an innate and intuitive ability to foster personal and professional (r)evolution. 
Most notably- fostering the transformation from vision to reality. ( i.e: taking the spark of an idea and guiding its manifestation. )
 
I also use the term Creative Catalyst to describe my target market and the types of people i value working with,
the people with the capacity and the potential to cultivate change, and shake up the status-quo.
Those who are not afraid to take risk, to foster their own transformation.
I see it as my dharma and my duty, as a Creative Catalyst to bring out the Creative Catalyst in others.
Please be prepared for that upon commencement of our work together.
The journeys i take with clients are transformational ones, and you must be willing to embrace change, improvement and new ways of looking at your business.
 
What this might mean is of course subject, to the individual and their own unique journey in their business and on their path.
That said - I have been blessed to be part of many an epiphany, and witness clients who amidst our collaboration find themselves looking at themselves and their work in the world through a new lens.
Sometimes this process can be a challenge, nothing worth doing is easy after all; and it serves to be said that even if the path is sometimes painful, even if through our collective work you find yourself feeling overwhelmed or deeply questioning pre-conceived notions, ideals or perspectives you believed to be true- my work with you is always, always in your best interest.
Everything i say,
Every question i ask,
Every probe i make,
Every piece of art i produce,
Every strategy i conceive - comes from a place of heart-centric intention -
and is exclusively meant to serve the greater good;
for you, your business, the people you serve and ultimately humanity itself.
 
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professionally:
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A veteran with a new school set of values. i.e. I have diverse wrap sheet - have dipped my toe in most aspects of marketing and a colourfully-unique background has proven my executional and experiential expertise at many different facets of business and brand communications. From corporate executive - to - grassroots starving artist. Having run the course i now remain grounded,
with a broad-spectrum arsenal and skill set from which Clients may confidently choose- in whatever capacity they might need, to fuel their business.
 
How this tends to play out:   very often when a client hires me to design a poster or create a website for example-
they quickly discover that they are getting much more than they bargained for.
artist becomes healer - becomes teacher - becomes technical support -  becomes writer - becomes business renovator...
...and so on it goes.
Everything from high-level brand strategy and business development to the nitty gritty in creative execution,
...creative director, business coach, marketing strategist, brand-manager, graphic designer, web-specialist, writer, 
wearing all of those hats or labels simultaneously is a definite strategic dance--
and  while i  often joke that i am a ' one (wo)man agency'
it is not a joke.
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because of the high-value of services that i offer clients,
i require a significant commitment on the part of the client to meet me in the place- where we both agree to love and serve your business equally ( that seems like a no-brainer but i assure you, in a world of instant-solution-expectant-entrepreneurs- it is not. )
It is mandatory that we mutually honor our respective work.
Quite simply:  that we both commit to a mutually balanced and in effect, thriving relationship.
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rethink refine redefine 
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I'm not a snob or an elitist or any of those things but candidly - 
i have refined my roster incredibly selective about the clients i choose to take on and I expect that they uphold the same level of integrity as i do.
As I have refined my client-roster significantly, and released many people - i continue to become increasingly clear on the type of work i truly want to do. This means i typically take on just a few clients per year new and existing.
So my service has become more and more exclusive,
if you have made it thus far, to be actually reading this page- i have embraced you already into my world. my humble congrats.
i’m thrilled to be embarking upon this journey with you.

a word on the work

value vs. cost

agencies vs. freelancers vs. me

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here's some competitive perspective:

 

for what you might require as a small business start-up, or a solo-preneur with big dreams of fostering change,

to adequately support the growth of most businesses, one could hire an agency who for the scope of work you might seek from them, ( be that branding or a marketing plan or a website ) you could very easily be looking at estimates of 50k+++ plus. 

notorious for over-charging and taking advantage of small business, they pull the wool over the entrepreneur's eyes and very often they do not respect the resource restrictions of a start-up or ethical grassroots business,

 

when businesses hire marketing agencies -  there is often a full team of staff working on your business - all billing for different services: 

you'd have a business consultant or strategist - billing upwards of 500/hour, you'd have between 2-3 designers who easily charge 100+

and on and on it would go.. and up and up it would go in price.

 I don't roll like that.

but understanding that- clarifies the reality that i am literally a package deal; where anywhere else- you might be looking at least a 3-5 man team to do the work outlined in most of my estimates. i'm a one woman show- and the work will speak for itself.

 

i offer competitive rates, at an accessible cost- at my discretion for my peeps.

 

i pride myself in my integrity, generosity, fairness and the value that i offer my clients.

 

 

ill be honest (while being modest)

 

regardless of the project or service i am rendering, what i offer- is often all-encompassing, ( ie: it's nearly impossible for me to adhere to simply 'editing some writing' or designing an image' -  the multifacted multitasker inside me is un-deniable, and what might start out as a simple request to design a postcard, may very quickly have you looking at the entirety of your business model and your strategies as a whole ) 

 

we live in a world of specialists, one-task workers, niches and people who well-enjoy wearing strict labels. i do not.

i use a plethora of skills to blend the best possible business service- offered to you, at a fair and balanced rate that makes sense for your budget. as such it is important to recognize that the level of service i do offer, is of a very high value when measured against the cost of hiring a full team to execute your needs.

 

- and all that said, i always find myself grateful in that i have this diverse set of skills by which to facilitate all of those things, for my clients- but at the same time it dictates that i be very selective with whom i choose to collaborate.

i say very humbly- and modestly- in hiring someone of my skillset- i strive to ensure that the value for you as an independent entrepreneur or small business owner, is unrivalled.

my business ethos:

 

 

i operate an open door, all-in, straight from the heart business, meaning once i’m in. i'm all in. what this means is that-  i am always incredibly generous with my clients-- i almost exclusively work and deliver more than i bill for- i offer rate discounts, and fee discounts and retainer discounts, not for profit donations, sometimes i work on trade, barter or as a simple act of kindness towards what i believe in. i notoriously under-estimate ( not to be confused with under-valuing or working for less than i deserve)  and as long as we both get what we need out of a project, i am cool with discounts and add-values.

i  give my all for my people- barely seeing a line between client and loved one- i strive give you all my best, and treat every client as if they are my only client. i love you all equal.

 

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being selective is how i protect myself.

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 because of the reality that many peeps in this world are all about getting whatever they can for a discounted rate, and squeezing the life out of an hour, or dollar, or just straight up lying about their budgets- again in the last several years i have become incredibly selective about who i will take on as a client- having been in too many circumstances in which my generosity was taken advantage of, or i was leaving myself short, or giving to the point of exhaustion.  this is why an understanding is elemental to our success.

if we have made it past the initial meeting stage and i have written you an estimate or proposal, i have put my faith in you already- trusting that you will match my integrity, generosity and fairness. the bottom line is, that things are often about just that- the bottom line. and just as you seek me out to assist in boosting your ultimate revenue- it's a two way street- even artists gotta eat.

methodology, team work and collaboration

expectations, process, timing, communication

 

i work one on one with love-minded leaders and business visionaries.

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what this means: off the top, it needs to be made clear that experientially i have concluded that the strongest solutions and most empowered successes are found when i work one on one with the primary stakeholders in any business-

this is how i operate my business, and i will continue to apply this methodology- though respective of the dynamic of any business.

 

in short: any key decisions or business elements need to be primarily approved and/or determined & completed by the stakeholders themselves.

 

in the cases in which businesses have internal resources or teams with marketing expertise, or other third party peeps that they have assigned the power of attourney to:

it is essential to the overall dynamic and success of any project we undertake, that i am able to assess the unique skills and areas of strength of team members- in order to identify and assign the appropriate accountabilites through which those members will contribute the best possible efforts towards the outcome.

 

inshort/ for example: when working with teams, to execute a plan- i will assess the strengths and unique talents of the team members in order to define their niche within the project, leading to the development of delegated tasks and accountabilities for each member of the team to be responsible for.

 

in any instance, it is essential for me to get a sense of what and whom you are working with, ( and ultimately who i am collaborating with ) understanding your team members skills and abilities, in order to best identify how she is able to serve the project- is a necessary and required step to beginning any business venture.

 

businesses that are working with internal resources such as marketing support and advisers within their organization, have found the greatest results in working with myself as a third party consultant - when all internal resources commit to being a support system for the work that we will do together. ( a support system vs. an opposing force. ( t's unfortunate when this happens, but it does. )

 

i believe that synergy, and a harmonious dynamic is the only way to achieve the highest level results which of course we all seek, and to that point- while i am always happy to have more than one or two members collaborating towards the vision- it is important that the client understands that by engaging my professional expertise, they are agreeing to allow me to exercise my own methodology, applying experiential expertise to developing a plan of execution that involves all members, but at an overall allows me to apply my vision for what is best for the business and my work.

 

 

love & devotion:

 

i expect you to care just as much about the success of your business as i do. i am fiercely and ruthlessly devoted to my clients business- i have often times been accused of putting so much of myself into other people's businesses- that i treat them as if they are my own, and often have trouble extracting myself if and when when the time comes.

what this means is just that i am full of love, passion and creative fire for moving the momentum of your success and fueling the success of your business.

my clients should feel this way about their businesses too, otherwise it's just weird- akin doing a one-woman show while the other performers are texting.

 

 

process:

 

over the years i have spent alot of time, energy and effort into educating my clients on all aspects of a project- and all aspects of the creative process itself and since i haven't had the time to blog it all out- i have decided to just put some key notes down here into my terms- so that it's all out there, on the table for you to see what you are getting into- before you make the jump.

 

 

a proverb~

the more simple you go - the higher the level of execution.

 

aka: a simple note about 'simple'    

 

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aside from the basic integrity and truth driven principles defined herein- as a general rule- i don't have 'rules' or regulations but this is one particular topic that i feel strongly about, and believe is vital to put out there at the onset of our work together.

 

"simple" - is an over-used phrase that nearly always brings up issues.

asking for something 'quick and simple' 

ie:  asking any of the following questions:

 

"can you do a quick edit to this document for me?"  

" can you add a date or change some copy?"

 can you do a quick 'switch out of a photo?'- 

or " whip up a quick brochure" 

 

- is not the way to ask a professional for something you need.

 

the notion of perceiving anything i do for clients, as simple, quick and not worth more than say, a few minutes or hours of time does not really jive with me in terms of how i want to execute my own service. it also shows a lack of understanding and fundamental respect for the work i do and thus illustrates precisely why i work to ensure clear and comprehensive communication and mutual understanding from the get go.

 

in my mind, if i looked at a client's project that way- no matter how small, it would seem as if i was undermining it, or blowing it off as a quick one-off job...

and that would be fundamentally oppose to how i work in the world.

 

i always strive to empower and honor the process, for every unique project. massive or tiny :)

 

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timing:

 

at the onset of a project i always try to work with a client to get clear on collective goals.

i provide workback schedules and customized calendars when we begin a project and if at anytime we stray from it- you will always be advised and consulted.

 

when you have a burning need to get something from me- or have something done, please note that i always do my best in delivering on time, on budget and whenever possible above and beyond. many freelancers have set rates for urgent or rush jobs that require short lead times, ( for example if a magazine you want to advertise in has a strict go to press deadline and you've just raised the capital to buy your adspace ) rush fees tend to be a hefty premium on top of the standard fees, and this is a common practice in my industry.

to date- i have yet to charge this fee as i believe that if you maintain a balanced relationship with clients- and your clients are clear on expectations and your communication is solid- this ought not happen.

but if it does, please note that each and every project is subject to discretion and unique circumstance and will be discussed at the time of request. 

 i get deadlines and time restraints but please consider the entirety of what has been discussed within these terms and conditions prior to making any comments, requests or otherwise with regards to timing.

 

 

the time question:

/ with regards to how long things take: time vs. rates

for example : " how long does it take to make changes to my poster?... or how come you are charging me 8 hours to design something? " 

 

in the formula applied when considering the building of work of quality: some costs are standard hard costs- such as the time it takes to upload and properly perform production for artwork-

and other costs for some, might vary. please know that i put careful consideration into the production of all estimates and quotes and i always strive to deliver swift turnaround times- and be as efficient as possible when performing any and all work.

so before asking whether i can " change an estimate by cutting hours from a task, or perhaps asking me to rush through something-

please consider my core value is integrity-  not giving something the full attention it deserves in order to thrive- in order to facilitate ' quick' ' simple' or 'easy' 

doesn't honor your work, or my work.

investing the adequate time into something important,  is vital to the success of your business, and that is always the perspective i am taking.

 

 

on communicating:

 

over the last few years i have put significant time into rethinking refining and redefining how i operate on a day to day basis. 

shifting my model from a more traditional one- to a more liberal one. what this once meant was that my preferred modes of communication are not what many might consider 'the norm.'

i don't own a cell phone. in 2010 i threw my blackberry into the lake and i've never looked back. ) 

however; having said that- the world of technology has advanced so much in these last few years that actually, what once seemed a little out of the ordinary now is becoming the norm- skype replaces phone calls and email documents replace continuous need for conferencing live to discuss ongoing work.

words have always been my greatest gift and my greatest love- and thusly my most effective communication tool.

as most beloved clients already know- i tend to do most of my communicating in written form- which has numerous benefits from the cultivation of a perpetual papertrail- to the recording of ongoing guidance and educational material to the creative and strategic thinking that often comes out of the comprehensive communication threads that i prepare and maintain.

 

i always offer clear and comprehensive communication threads with clients, sometimes this means mile-long emails, but it is only for the increased organization, success and ease of everyone involved in the long term. it is vital for you as the client to ensure that you commit your utmost to reading my communications ( this should go without saying however i am saying it now so that in the future there is zero margin for misunderstanding. )

 

although this tends to be my standard system- i do recognize the irreplaceable value of face to face connection, the energetic exchange that takes place in person can never be replaced by gmail or evernote- and the looking into the eyes of another human being is certainly not the same as reading into the tone of their email.

to that end- i will suggest live meetings when required and am always open to this option when collaborating on an important project.

where appropriate i will also strive to schedule skype sessions or calls when working on an ongoing project with a client- ( ie: if we are building your website and the process includes work that is being done on both of our ends )  live chat is vital to ensure that our efforts are always aligned streamlined and supporting the end-goal for your business. 

 

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a note on expectations:

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of course all client needs are a priority to me, and i do work hard at making all clients feel as if they are my only clients. :)

( however sometimes, the reality is that with my hand in so many businesses at once, coupled with the reality of being a human being during this time on earth...there needs to be certain mutual management of expectations  - so that no one ever feels misunderstood, neglected or otherwise.

 

 expectation management is one of the most vital aspects of creating a happy life in general so of course it makes sense that this extends to professional relationships, this does not pertain to or effect  the level of energy i put into projects- but i do think it's vital to bear in mind what is reasonable to expect , at any given time.

 

sometimes clients tend to rely on me for consistent guidance in all aspects of their business, which i completely honor and strive to be present for- but what i sometimes need to repeat is that i am never an 'employee' i dont work 'for' anyone. i work 'with' people ... and sometimes when there are ongoing projects / multiple projects on the go @ one time, and i have offered a retainer-type agreement to peeps- that boundary between freelance engagement for collaboration and full-time 'employee' needs to be made clear.

 

as a sidenote:

please be advised,  because i operate a non-traditional freelance operation/ one woman show with my hands in multiple businesses simultaneously- i do not employ staff receptionists or assistants- and there are only so many schedule-able hours in a day, 

i cannot avail myself for immediate phone calls, live meetings or skype sessions at a client's request unless otherwise booked. 

no matter what our working agreement is, i promise to always strive to be accessible but i am not on-demand.

 

please always let me know at the get-go if you are unclear about something or require further guidance, explanation or otherwise- i will always strive to connect with my peeps for jam sessions to get clear on things.

 

 

on revisions:

 

 

i always include how many revisions are a part of a project. typically the number is three. please refer to individual project quotes before asking me to revise something a third, fourth or seventh time, so that you are not surprised if additional hourly charges apply.

 

 

i still believe in the power of the honor system:

 

 

i do not believe in the need to bill for every meeting, hit a timer for every call- or ensure that every single piece of work i do is paid in full at market value.

i make my own rules, and while my rates are competitive, i always reserve the right to make my services accessible to smaller-business peeps and startup entrepreneurs.

this does not mean you should offer me less than i ask for. it means i run a forward thinking business-  blending industry wisdom with new economy perspective- to create healthy and mutually prosperous relationships.  so i trust you to do the right thing, if i work the hours- pay for the hours. worthy business partners will understand the value in this system.

If you cannot handle or respect the above, and think it might pose an issue for you- please let me know as soon as possible so we can find an honorable way to work out an alternative solution.

project terms & payments

rules of thumb, retainers, a-la-carte services

basic terms and conditions for individual client projects:

 

in order to receive the full-advantage of my services, clients must commit to the full scale of a project when offered as a part of an overall business development plan.

ie: no 'estimate shopping' allowed. ie: a-la-carte choosing of select services is not kosher :)

 

payments must be arranged in advance for all projects with a deposit paid upon initiation of work. for projects over $1000 a billing system can be set up.

 

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6 rules of thumb for every project

words about payments, values, standards, process, method and collective effort:

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here's how i roll:

 

 

1- integrity to me is crucial in cultivating a thriving relationship or any successful business- so i want to be clear with my clients from the get-go that i hold that virtue in the highest regard and in all of my collaborations i strive to foster the highest level of it.

 

 

2- i trust that you will match my openness, integrity and honesty should we move forward in cultivating a thriving relationship.

 

 

3- i offer my truth to peeps first and foremost as a way for them to truly clearly see where my heart is, being open and incredibly forthright about my intentions is key- because A- everything is about intention B-  transparency in business is vital. you will never have to question where my loyalty lays, or what i mean when i communicate something to you.

 

 

4- i operate an open doored- everything on the table- politic- free business. politicians- exit through the back immediately.

 

 

5- i strive to move forward the 'new economy' - what this means is that i place value in many other things in addition to the 'paper currency' which is a standard in any business exchange in our society.  i hope to share that value system with you, and that we both can honor and respect one another’s values. building a relationship that is rich in  value- beyond the  'almighty dollar'

 

 

6- relative to all of the above: i expect the same mirrored from everyone who i work/create/grow alongside.

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payments:

 

i outline all payment terms by project and you can find this information reflected on your estimates and invoices.

 

* unless otherwise stipulated i require 50% of the project total in order to commence work, and a signed copy of a contract and an understanding that you are down with my terms and conditions herein.

 

** for projects over $3000 - an incremental  billing schedule can be set up. in this case payments can be accepted 33 percent at a time until completion.

 

please refer to the payment methods for information on remitting payment. i accept email interact transfers or paypal. cash is antiquated but i can roll with that too.

sometimes i also work on a trade/barter/gifting system- if we are on this system or have discussed this arrangement, you will already have a keen understanding of this- so there is no need to elaborate at this time.

if at any time, you as a client feel you cannot swing the full amount of an estimate or invoice i could be willing to work with you on different agreement- but not willing to either do the work in less time, or give less energy to something i know deserves better and more of me.

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retainers and ongoing working agreements:

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'catalystcommitment'  aka: custom retainer options for ongoing service needs 

 

basically these are packaged hours that i offer long term select clients whom require significant ongoing work that is relevant to one particular need or project.

 

as a general standard these retainer packages are only valid for access to my services relative to a very specific single project or need.

 

( ie: anything that does not require new marketing strategies, new consults or new creative direction - ie: basically the retainer must be relative to a specific or ongoing project and thus is valid for all work towards that particular goal) ie: for example you have a website that you would like me to help you with.

 

retainers include: 

• my dedication, devotion & commitment to fueling the evolution and the serving success of your business

 

• consistent, clear, open communication, and dedicated access for client via Skype & email for technical support, consulting or brainstorming sessions.

 

• liaising with third party vendors, suppliers on client's behalf- when required ( ie: printers, web services, etc. ) + plus monthly meetings ( depending on current project needs )

 

• dedication to acting as an ambassador for your brand, providing ongoing innovation & love

 

• dedicated file storage /management for client + waived resource management / hard-drive purchase fee

 

• retainer packages are valid by month only, if you wish to set up a customized package relative to your needs and individual budget-  please connect with me.

 

• retainer rates are valid only for a minimum two month commitment, for a max. of 4 months upon which time client service will be reviewed.

 

• retainer fees to be prepaid @ onset of each month

 

• retainers are exclusive to long-term clients & not valid without an ongoing client-service agreement

 

• on a by-case basis retainer packages may be used to "top-up" current project needs vs. paying a full standard rate for any work required above and beyond particular project needs

 

• entry into a retainer agreement signifies that you have read and agreed to my terms and conditions for collaboration

 

• retainer can be adjusted by-month depending on current needs

 

• retainer package hours are only valid towards hourly-based services detailed in the ar.tinmotion services menu

 

 

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legal jargon

copyrights, files

 

a note about copyright;

 

this is a bit of a sticky one: in short copyright in Canada states that anything created by an artist, is the sole intellectual property of that artist. which basically means unless otherwise stipulated ( or in the case of brand elements ) that any piece of art i create for you, as part of our work together, comes with a standard single use license- meaning it is exclusively licensed to you for the sole purpose for which it was created. if at any time you wish to use any piece of artwork or copy for anything other than the original intended purpose, a discussion on rights transfer, licensing or otherwise needs to happen prior to this. i am always willing to discuss a usage or buyout or full rights transfer of any of the work i create for you. but please aware prior to asking- that there are industry standards that i must, as a graphic designer in canada, adhere to. what this means is that there are standard costs applicable in the buyout of any piece of work- and it is not up to me how to price these. in short- please do not presume ownership on anything without first discussing it with me. please do not use any artwork or pieces of artwork or written words or even ideas or strategies ( which are covered under a different copyright law- called 'intellectual property' - without talking to me first. if at any time you are considering using something without telling me, be it reprinting a run of posters or taking a photo from a website- then we have more to discuss than just that topic at-hand.

 

 

 

a note about files:

 

 

unless otherwise discussed, your project comes with a final piece or pieces of artwork. your project will not include the raw or working files for any art pieces, and please do not expect that these will be uploaded for your use. put in the easiest way possible, you likely would not go into a restaurant, order a gourmet meal and expect that the recipe will come at the end of that meal. it just does not work that way, and i trust that by engaging any of my services, you are aware that constitutes your communicating your understanding of this.  

 

that's it!

 

if you have made it all the way through this document of terms, i congratulate you and i offer you my gratitude and love- for staying with me as i offer myself to you in clarity, solidarity for imminent prosperity.

please sign the contract you have been provided and we are well on our way to revolutionizing your business.

 

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the finer print.

legal jargons & agreements 

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Unless otherwise agreed upon, standard design service quotes include delivery and transfer of ownership of single use license artwork. Meaning: you own the end product created from the design. This also means you cannot use the design for anything else unless otherwise agreed upon and supported by a transfer of copyright. 1. DEFINITIONS

 

 

As used herein and throughout this Agreement:

 

 

1.1 “Agreement” means the entire content of this Basic Terms and Conditions document, Schedule A, together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.

 

 

1.2 “Client Content” means all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables.

 

 

1.3 “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Canadian Copyright Law.

 

 

1.4 “Deliverables” means the services and work product specified and requested by Client to be delivered by Designer to Client, in the form and media specified.

 

 

1.5 “Designer Tools” means all design tools developed and/or utilized by Designer in performing the Services, including without limitation pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as Web site design, architecture, layout, navigational and functional elements.

 

 

1.6 “Final Art” means all creative content developed or created by Designer, or commissioned by Designer, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and Designer’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials.

 

 

1.7 “Final Deliverables” Means the final versions of Deliverables provided by Designer and accepted by Client. Final Deliverables are flat, high resolution press-ready files suitable for printed output as outlined inProject.

 

 

1.8 “Preliminary Works” and "Conceptual Designs" means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Designer and which may or may not be shown and or delivered to Client for consideration but do not form part of the Final Art.

 

 

1.8.1 "Working Files (aka Master Files) means all working files (layered files) created by Designer to create Final Artwork.

 

 

1.9 “Project” means the scope and purpose of the Client’s identified usage of the work product as described.

 

 

1.10 “Services” means all services and the work product to be provided to Client by Designer as described and otherwise further defined in written and verbal agreements.

 

 

1.11 “Third Party Materials” means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography, typefaces or illustration.

 

 

1.12 “Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of Client.

 

 

 

 

 

2. FEES AND CHARGES

 

 

2.1 Fees. In consideration of the Services to be performed by De, Client shall pay to Designer fees in the amounts and according to the payment schedule set forth, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.

 

 

2.2 Expenses. Client shall pay Designer’s expenses incurred in connection with this Agreement as follows: (a) incidental and out-of-pocket expenses including but not limited to costs for postage, shipping or overnight courier.

 

 

2.3 Invoices. All invoices are payable upon receipt. A 1.5 percent monthly service charge is payable on all overdue balances, aged fifteen (15) days or more. 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 late or default in payment. Designer reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses and Fees, Charges or the costs of Changes.

 

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3. CHANGES

 

 

3.1 (i) General Changes. Unless otherwise specified and agreed to, and except as otherwise provided for herein, Client shall pay additional charges for changes requested by Client which are outside the scope of the Services outlined in quote, on a time and materials basis, at Designer’s standard hourly production rate of $88 per hour. (ii) A minimum half hour will be charged to the client each time additional revisions are requested beyond those included in the quote, at the rate of $88per hour.

 

 

3.2 Timing. Designer will prioritize performance of the Services as may be necessary, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Designer. The Designer shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Designer’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Designer’s obligations under this Agreement.

 

 

3.3 Testing and Acceptance. Designer will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. Client shall notify Designer, in writing, of any failure of such Deliverable to comply with the specifications set forth, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Designer will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client, the Deliverable shall be deemed accepted.

the finer print.

the below section is for those seeking more detail i.e 'the finer print'  with regards to any of the above everything from here on out is directly taken from Canada copyright law.

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