Copyrights & Ownership—Glenn Gemmell retains ownership of all preliminary design work done by Glenn Gemmell. Upon final payment of print and branding projects, the client will retain full rights of all final work. After payment, Glenn Gemmell retains the right to use preliminary designs, comps/concepts as well as samples of the completed project for use in future marketing materials for portfolio/presentation purposes and for news/press releases unless indicated or requested in writing by the client. The Client waives the right to challenge the validity of the Designer’s ownership of the art subject to this agreement because of any change or evolution of the law and will return all artwork within 30 days of use.

Advertising, Graphic Design and Branding

• All estimates include the initial client meeting, one design review meeting, and up to two design edits, and one minor layout revision. Additional drafts of copy and layout edits, as well as changes in strategic direction or the agreed scope of work to be performed, as well as changes to the printing specifications from those originally estimated, may require re-estimation.

• The customer will approve all advertising, and print designs before placement in publications or sent to printers. The team at Glenn Gemmell will review and proofread all text for typographical errors. However, the customer is expected to proofread the material for errors and accuracy as part of the final approval. The customer review will include checking the contents of the project for the accuracy of technical specifications and content. As customary, after final approval has been given, any costs that result from typographic or content errors are the responsibility of the customer. The customer agrees to hold Glenn Gemmell of Gemmell Communications, its team members, and its agents harmless in the event of a liability claim or other damages resulting from inaccuracies or misstatements that are solely attributable to the customer.

• Limitation of Liability; The Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or third party.

Web Site Agreement

• The client will only be charged for the design and development of the website based on the packages above. CMS is NOT included in this project. Updates/additions and revisions to the site after the initial launch date will incur additional charges ($75.00/hr.) and are considered web maintenance items.

• Squarespace can provide the customer with a domain name &  hosting. This is the preferred method since it easily integrates all aspects of the site. The customer is responsible for the billing and renewal of the hosting and domain. Glenn Gemmell will require the necessary access to design and test the Squarespace website, after final approval and uploading the site, it will be turned over to the client to manage.

• If this site includes reservations, scheduling, e-commerce, or the use of a shopping cart and online payments, these add-ons will be listed as additional items. Glenn Gemmell, will NOT link customer financial data or the customer’s bank accounts to the site. It’s a simple process. Glenn will provide instructions for the customer to follow. All of the client’s financial information will be privately handled by the customer, Glenn Gemmell will NOT have any access to this data. This protects both our customers, their clients, and Glenn Gemmell.

• Proposed price includes revisions as indicated in the project description. Additional revisions may incur additional costs.

• Major changes after development may be made at an additional cost. Major changes can be constituted as a redesign or restructuring of the site, additional pages, and/or additional features. Major changes may affect the delivery date of the final project. The client will not be charged for media storage disks or for the time designated as file collection.

• The customer will approve the website before it is uploaded it to the server.

• A 50% deposit is required for any web design, development, and concepts before start. Deposits are non-refundable and may be used to cover any cost incurred on terminated projects. The remainder of the payment for the project is due upon completion of the project before the site goes live.

• Photography & stock images are not included in the quote. If imagery or video are used, if not free the client will be notified of the cost and may be asked to advance pay for such items. Keep in mind that stock images & videos are priced per use, therefore customers cannot use their website images on their print projects, or give them to others to use, without infringing on the photographer’s copyrights.

• Quoted prices are good for 60 days and are as stated unless otherwise changed in writing and approved by the client.

• Any idle projects for more than 30 days will be closed and the client will assume liability for payment of only the completed portion/hours.

• Project timeline will be agreed upon by both the client and Glenn Gemmell before the start of any project. Please note, that Glenn Gemmell will not be held responsible for delays due to print vendors or hosting providers.

• The client and Glenn Gemmell reserve the right to terminate the relationship at any time in writing. Any time spent on the project before termination is subject to billing. The client is responsible for any billable time incurred before termination and any costs (due to collections or legal counsel) associated with obtaining delinquent payments.