Three Fifteen Design Policies & Studio Standards:
THE PERFECT FIT: Before signing this contract, please be certain you’ve reviewed the Three Fifteen Design site and blog and Instagram feed. This ensures that we are a perfect fit. If you like the work that’s come from the studio in the past, it means our design styles are a great match. If you do not like the work you see on the site, please do not sign this contract. I have talented design friends I’d be happy to refer you to! Your signature below means you’ve found our past work satisfactory and ready to move forward.
TIMELINE: Given the custom nature of each project, the timeline can vary. Please request a custom timeline, if you’d like it for your schedule (in this case, any timelines given to the Client are good faith estimates, and will be impacted by closures, communication, and any additions to our contract). Forward progress is important to our project. The length of a project is dependent on communication, and the depth/complexity. If you are hopeful for a specific launch date, please tell me as soon as possible, so I can put it on my calendar. Most full branding projects last 8-16 weeks, but this is a very general estimate. Any updates to your contract, structural changes to your site, or changes to an in-process project will change your estimated timeline. Please see my email signature and client site portal for studio closures, as these dates will impact our timeline. If you are unable to start your project on the date we’ve arranged, or delay responses more than 3 business days, you accept that there will be a delay in your project.
COOPERATION: Our successful and timely completion of the project requires your cooperation. You agree to cooperate fully on the project with Three Fifteen Design, including but not limited to providing requested information and timely responding to communication. Any proposed timelines will be affected by delayed responses. If you fail to respond to any communication within 20 business days, Three Fifteen Design will deem the project complete and canceled, archiving any files and removing the project from the calendar. At such time, Three Fifteen Design shall have no further obligation to the client, and the client shall lose any investment already paid to Three Fifteen Design, as well as any design work. Any design work presented to the client for review up until this date will remain property of Three Fifteen Design. A $400 fee will be charged to re-start a project. Chaser emails will not be sent. Special circumstances will be taken into consideration and exceptions made at the discretion of Three Fifteen Design. Exceptions do not waive the requirements above, and past exceptions will not guarantee future accommodations.
ASSIGNMENT OF COPYRIGHTS: Upon completion of the project, and expressly subject to full payment of all fees, costs and expenses due, Three Fifteen Design will assign to Client all right, title and interest, including without limitation copyright and other intellectual property rights, in and to all final project deliverables. Three Fifteen Design will reasonably cooperate with you and will execute any additional documents reasonably necessary to evidence such assignment. Three Fifteen Design shall retain a license to use the final, high-resolution designs in their portfolio of work and for use in design contests, and any profits that may result from those licensed uses shall be the sole property of Three Fifteen Design. Three Fifteen Design often uses client images for the purposes of: announcing the launch on social media, sharing the project on the blog, photo sessions devoted to highlighting the client's work and brand identity. Three Fifteen Design may not use the client’s own copyrighted work in any capacity not related to the project. Designs created by Three Fifteen Design may not be altered by a 3rd party, without express written commission. If a 3rd party designer uses Three Fifteen Design's work without permission/attribution, the client accepts there will be additional fees and legal action.
PROOFS: Three Fifteen Design will provide review copies (“Proofs”) of designs during the design process. These low-res preview images are for preview purposes only, and not meant to be used by the client for any purpose other than proofing. Proofs and any copyrights thereon remain property of Three Fifteen Design. Due to copyright regulations and quality control reasons it is understood that any and all printed materials will be printed from the high-resolution files that will be provided at the end of the project. Client may use final files on all promotional materials, printed goods, and websites. Designs may not be altered by a 3rd party, without express written commission. Please note that Three Fifteen Design retains the right to re-use any preliminary/unused concepts, ideas, and sketches on future projects.
PROOFING & REVISIONS: Before final files are delivered, Three Fifteen will provide you with proofs along the way. You are responsible for all elements including: spelling, layout, color. Once Proofs are accepted, Three Fifteen Design cannot be held responsible if errors are found or client is dissatisfied with accepted design elements. Rounds of revisions include the following changes: color, layout, type and wording. In the event the logo design concept in your Brand Presentation document is rejected in the first round, you will be required to pay $400 per additional, new logo you’re requesting. We work exclusively from our meeting notes, questionnaire, inspiration & your Creative Brief to ensure your logo suite matches your personality as well as the personality of your business.
FILES: You will receive high-resolution PNG and EPS (vector) files via Dropbox. You are responsible for files once they are delivered. Files must be downloaded within 7days. Three Fifteen Design is not responsible for lost files and does not guarantee files will be stored for more than 1 month. Fonts associated with the project will be given to the client for commercial use (whether by file or link to the Typekit or Google Font). Three Fifteen Design is not responsible for misuse or breach of font license by client.
BLOGGING & SOCIAL MEDIA SHARING: You are welcome to blog about your branding experience. Images used in your Creative Brief (design/mood boards) are not to be shared on social media or your blog, without credit given to the original creator for each image. Final logos are allowed to be shared. Please do share initial concepts or proofs to your social media or blog. Three Fifteen Design will blog about your project, and share on Instagram after it’s wrapped. You are welcome to post first if you’d like to be the one to make the announcement. If you’d like custom launch images, please ask Three Fifteen Design at least 1 week before your launch. If you do not wish for Three Fifteen Design to share sneak peeks of your project as it’s in process, please send an email to hello@threefifteendesign.com.
WEBSITE DESIGN: Three Fifteen designs all websites based on the Showit platform, which is a WordPress theme. Price reflects design & website implementation only. Please refer to Showit’s website for complete pricing information regarding hosting & domains. Custom blogs are built within the Showit platform, and sit on the WordPress backend. You are responsible for any transfers, domains, implementation aside from the items listed above. Site design is custom and comprehensive, with the following limitations: gallery pages will be limited to 10 galleries. Additional galleries will be billed at my hourly rate of $150/hr. Shops, and courses are available with an additional contract & fee. Please inquire. Three Fifteen Design does not offer domain/URL/hosting/SEO services. Three Fifteen Design is not responsible for any loss of rankings/SEO from the switch between platforms. Client is responsible for contracting with a specialist or platform support when it comes to rankings/SEO. Once your web design process has started, Client agrees to stay logged out of the builder (unless specifically asked to login), and/or do not alter any elements/pages. Fixing accidental layout changes will be billed at Three Fifteen Design’s hourly rate of $150/hr.
FILE SETUP & PRINTING: Three Fifteen Design offers design as well as full-service printing. We work with amazing printers who use the highest quality materials & inks. If we are designing marketing elements that we will not be printing, we need to know the dimensions of the final product and all printing specs before the design process starts. Otherwise, we will use the specs given to us by our printers, and you will be responsible for updates to sizing/specs at our hourly rate of $150/hour. With all printing, there may be some color variations from what you have seen on screen, to what the final product looks like, and previous orders. Three Fifteen Design is not responsible for color differences in regards to different printers.
PAYMENT SCHEDULE: To get on the calendar, your signed contract and retainer are required. Because Three Fifteen Design closes your start date to other potential clients, your retainer fee is final and non-refundable. All payments for printed pieces must be paid in full before items are printed. Due to the custom nature of all projects, all payments for logo design, stationery, and site design are final once the materials are produced/ordered. In the case of project cancellation, please see "Cancellation Policy" for more information about the Kill Fee and refunds. For projects over $5,000: you'll have a 4 payment schedule, with a 25% retainer due at booking. Your remaining payments (25% each) will be due the week we get started, by week 4, and by week 8 (or before stationery is ordered; whichever comes first). For projects between $2,001-$,4999: you'll have a 3 payment schedule, with a 33.3% retainer due at booking. Your remaining payments (33.3% each) will be due the week we get started, and by week 4 (or before stationery is ordered; whichever comes first). For projects under $2,000: you'll have a 2 payment schedule, with a 50% retainer due at booking. Your remaining payment (the full balance) will be due the week we get started. All payments must be made through Wave Accounting unless otherwise arranged. Payments sent outside of Wave will be returned or subject to the processing fees. Client may make payments *with no fee* directly through Wave, using a credit card, bank transfer, or PayPal. For checks or bank transfers, please email hello@threefifteendesign.com for details. You will be charged $50 for any check payments that are returned by your bank.
INTEGRITY: Any actions toward staff or designers at Three Fifteen Design deemed as disrespectful, unprofessional, abusive, on the part of the client may result in a cancellation of the project with no refund. This may include but is not limited to insulting language, disrespectful comments, locking designer out of the site, personal insults, defamation, slander, threats of legal action, social media rants, blogging rants, threats regarding non-payment, bullying behavior toward employees, and general lack of respect.
CANCELLATION POLICY: Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation notice, Client is responsible for payment for any work done toward the completion of the project, based on the percentage or line items of the project completed by Three Fifteen Design. An estimate for the balance owed will be emailed to you within 48 hours. Balance owed reflects the work that has been completed up until the request for cancellation (the “Kill Fee”). Please note that your retainer fee is final, and refunds on subsequent payments would only apply in the situation of Client paying for more than the percentage of work completed up until cancellation notice is given. Balance due must be sent within 10 days of receiving final invoice. After 30 days, a 5% late fee will be added for every 30 days the Kill Fee is late. In the event a refund is due, Three Fifteen Design has 30 days to refund the percentage of money due, via the payment method it from which it was originally received. In the case of cancellation, Designer retains full copyright of the work, including process work and proofs. Should Client cancel any work following its completion, Client is responsible for full payment. A cancellation acknowledgment will be sent to client once final payment is received. All materials in connection with the project may not be used, except with the express written consent of Three Fifteen Design. Use of any elements or designs without express written consent will result in additional fees and legal action. Three Fifteen Design maintains ownership of all materials and may use them in the future as they wish.
CONFIDENTIALITY: Each party acknowledges that, in connection with the project, they may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation the Proofs (until paid for by you), the Three Fifteen Design Client Portal, passwords for content and terms, Three Fifteen Design’s information and procedures, and information provided by you (“Confidential Information”). Each party, its agents and employees will hold and maintain in strict confidence all Confidential Information, will not disclose Confidential Information to any third party, and will not use any Confidential Information except as may be necessary to perform its obligations under the project except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information will not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
Addtional Terms & Conditions:
LIMITATION OF LIABILITY: THE SERVICES AND THE WORK PRODUCT OF THREE FIFTEEN DESIGN ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF THREE FIFTEEN DESIGN, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES, TO YOU FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO THE NET PROFIT OF THREE FIFTEEN DESIGN. IN NO EVENT WILL THREE FIFTEEN DESIGN BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
RELATIONSHIP OF THE PARTIES: Three Fifteen Design is an independent contractor, not an employee of you or any company affiliated with you. We will provide the Services under your general direction, but we will determine, in our sole discretion, the manner and means by which the project is accomplished. These Terms & Conditions do not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated herein. Three Fifteen Design and the work product or Proofs prepared by us will not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to you are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of these Terms & Conditions.
FORCE MAJEURE: Neither party will be deemed in default or otherwise liable for any delay in or failure of its performance (other than payment obligations) by reason of any Act of God, fire, natural disaster, accident, riot, act of government, strike or labor dispute, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause beyond the reasonable control of such party. Performance times will be considered extended for a period of time equivalent to the time lost because of such delay.
ARBITRATION: It is agreed that in the event it is necessary to retain the services of an attorney for the collection and enforcement of this contract agreement, by either party, the breaching and/or offending party agrees to pay the other party’s actual costs for attorney and other expenses incurred in the collection and enforcement of this agreement. Location of any legal action will take place in Multnomah County, Oregon.
GOVERNING LAW: These Terms & Conditions and each project will be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of laws provisions. The exclusive jurisdiction and venue for all legal actions arising out of or related to these Terms & Conditions will be in courts of competent subject matter jurisdiction located in Multnomah County, Oregon, and the parties hereby consent to the jurisdiction of such courts.
ENTIRE AGREEMENT: These Terms & Conditions, together with any estimates or proposals executed pursuant hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, proposals, understandings and representations, written or oral, with respect to the subject matter hereof. Neither these Terms & Conditions nor any project may be modified or amended except in a writing signed by duly authorized representatives of each party.
SEVERABILITY: Whenever possible, each provision of these Terms & Conditions will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms & Conditions are held invalid or unenforceable, the remainder of these Terms & Conditions will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
WAIVER: No waiver or forbearance by either party hereto of any rights hereunder in any particular instance will act to preclude such party from exercising those rights in any other instance.