letter of agreement

Summary: in the spirit of transparency and in an effort to offer insight into the responsibilities and expectations for all parties, this document outlines our terms and conditions and serves as a Letter of Agreement between Gee Creative and its Client. 

Scope. Gee Creative, LLC will provide creative services, including, but not limited to: consulting, layout, design, project coordination and production in the development of branding, digital marketing/website(s), packaging and/or print/promotional materials for Client.

Process, deliverables and responsibilities. Client will be intimately involved in all stages of project development through input sessions and design reviews. Schedules and budgets permitting, we customarily present two to three design solutions for initial client review. Upon Client input, we take the preferred solution through revisions for at least one (often two) additional presentations. As such, materials will be presented up to three times accommodating up to two rounds of revisions; additional revisions or changes to project scope bill hourly. Client agrees to provide constructive feedback via a thorough and timely review of proofs. While Gee Creative will make every reasonable effort to ensure accuracy of copy, art, production, placement, and/or programming specifications, Client will be ultimately responsible for the accuracy of such including final copy and any promises, said or implied, offered therein.

Discretion. Rest assured, any sensitive or proprietary information is held in the strictest of confidence. Additionally, and unless otherwise specified, Gee Creative is authorized on Client's behalf to use discretion in the best interest of all aspects of project quality, scheduling, and/or budgeting. 

Implementation. All concepts, ideas, sketches, or other materials in digital and/or physical form presented in project summaries, proposals or estimates, pertain exclusively to the medium(s) outlined and are the physical and intellectual property of Gee Creative until such time as Client retains Gee Creative for the implementation of such. In accordance with industry standards, Gee Creative retains ownership of all original creative (design/production files/custom code). Upon compensation, Gee Creative authorizes use of creative via supply of resulting high-resolution, composite files to client and/or production partner(s).

Asset usage. When securing outside partnering services such as photography, videography, copywriting, illustration, and/or stock imagery, Gee Creative will make every effort to negotiate Client’s unlimited usage rights of aforementioned. In many circumstances, the legal ownership and copyright will reside in perpetuity with creator, but Client will have usage rights as agreed. Likewise, and unless otherwise specified, any files and/or materials supplied by Client to Gee Creative are assumed to be usuable and free of any copyright or legal incumbrances.

Approved browsers. We design and develop for modern, feature-rich digital publishing platforms (including but not limited to: Squarespace, Wordpress, Shopify, MailChimp, etc) and support the three (3) latest versions of Chrome, Firefox and Safari and the most recent version of Internet Explorer. In other words, should you or your customer encounter display (or editing) issues with your website, blog or email marketing, a browser upgrade may be due.

Custom code. When used, custom HTML markup, CSS, and/or Javascript will be developed via current, best practices. Without coding, testing and troubleshooting knowledge, we strongly advise Client (or assigns) against editing or deleting these areas unless approved and/or directed in writing by Gee Creative. Should display and/or functionality issues arise from Client's deliberate or inadvertent deletion or disruption of custom code, Gee Creative reserves the right to bill for time associated with restoring.

Uptime. Web hosting, which is outsourced to third-party technical partners, can occasionally experience outages. While we strive for 100% uptime, issues beyond our control can occur. Should you experience a problem, please let us know and we'll do our best to help resolve as quickly as possible.

Termination. Unless otherwise arranged, Client and/or Gee Creative may terminate an assignment by providing 30 days written notice. Upon such notification Gee Creative will invoice Client for time and expenses incurred. Should any phase of the project be delayed for more than 45 days, an invoice for work completed will be submitted. At termination and upon compensation for the time required to access, collect and archive documents, client may request a copy of his/her composite production files with the understanding that some elements (including, but not limited to: fonts, images, software and custom code) licensed specifically to and/or created by Gee Creative may not be transferable to client.

Conditions, changes and subsequent initiatives. All proposed fees are valid for 30 days and estimated based on current labor and materials costs, subject to variations up to 15% in accordance with industry standards and exclude specification changes, taxes and/or client alterations beyond stated terms. Additional revisions, time and/or specification changes bill hourly as client alterations. While every effort is made to outline projected fees in advance, should circumstances preclude an estimate, our hourly rate + project-related supplies/reimbursables will apply.

Retainer. If requested/exercised, a monthly retainer covering brand management, consulting/strategy, meetings/presentations and project coordination applies. Otherwise, assignments will be estimated on a project or hourly fee as outlined above.

Rates/fees. To assist in planning and budgeting, most of our assignments are estimated on a project basis with every effort made to adhere as close as reasonably possible to fees quoted. Certain components (research, consulting, revisions beyond stated terms, etc) may be quoted or subject to the hourly rate of $155/hr.

Payment terms. Unless otherwise arranged, a down payment (typically equal to one-third to one-half) payable via check to Gee Creative, LLC is required to initiate services. Subsequent invoice(s) will be issued at design/development/production milestones. All invoices are due upon receipt, payable within 15 days. Finance charges and/or work stoppage may apply to overdue invoices.

Legal considerations. Any legal expenses related to the execution of this Agreement, projects, or the trademark/copyright protection on any or all design components are the responsibility of the Client. In the unlikely event that Gee Creative and Client can not resolve a dispute, we agree to mediation in the State of South Carolina.

Engagement. Payment(s) or signed (or verbal) approval(s) to initiate assignment(s), reflect Client's review, acknowledgement and approval of this document and its terms and conditions.

And finally. This document contains confidential and/or legally privileged information and is intended for the sole use of Gee Creative and its Clients; any unauthorized review, use or distribution is strictly prohibited.