Working Agreement

I want to provide you with the creative services needed for great looking, professional packaging design and product branding. I also want to make the process as easy, straightforward and cost effective for you as possible.

To help everything run smoothly I have put together this simple document. Written in straightforward terms, it is here to provide the background information and answers you may require. Many of the points are common sense and standard business practice but without this document they would be otherwise assumed.

The way I would like to conduct business with you.

As my client and as my customer, you have the authority to enter into this contract on behalf of your company or organization as well as review and sign-off the completed artwork. You can provide me with the content required to complete the project such as text, images and other information as and when it is required and in the highest quality, editable or original formats. You guarantee to me that any elements of text, graphics, photographs, designs, trademarks, or other intellectual property you provide for inclusion are owned by yourselves or you have permission to use them.

It is your responsibility to supply all the necessary and legally correct on-pack information required by the laws where your packaging will be displayed and/or product sold. You are responsible for any statements or claims made within the design. You are responsible for print and manufacture of the physical packaging and substrate at all print and production stages. It is important that you thoroughly check the presented designs and artwork throughout the design process and are completely satisfied with a design before sending it to any third party for print or manufacture. By sending a design for production you are acknowledging your complete satisfaction with the design.

All material, knowledge and information (files, images, text, etc.) will be supplied to and from myself in strict confidence. No third party involvement will take place without prior written consent.

The information I collect online from my forms is used solely for the purpose of your inquiry and used by myself only. You have the right to access the personal information I have about you, the right to get me to correct personal information that is wrong or incomplete and the right to ask me to stop using or delete your personal information. To inquire about the information I have on record please email with the contact name and contact email address used for the purpose of your original inquiry.

Schedule.

You agree to the payment structure and schedule as detailed in the estimate.

All projects are allocated studio time based on the estimated time required for completion. Whilst I will perform all creative services in a professional and timely manner, it is not possible to guarantee, or be made responsible for, meeting deadlines. Please be aware that the late supply of materials, not disclosing important information relating to design layout and content, changes in project requirements, delays in sign-off and the timing requirements and schedules of any outside parties are all factors beyond my control and I cannot be responsible for, or be expected to unreasonably respond, adapt or amend to.

Should a project overrun the studio time allocation due to factors beyond my control it is likely I will need to reschedule the estimated time to completion and until that time is allocated the project cannot take president or priority.

Studio hours are Monday to Friday, 9am to 5pm (EST) and the studio is closed on US national holidays.

Design.

Each stage of the design process includes the opportunity for one round of revision after the initial design has been presented. I may provide the opportunity to review the work and provide feedback in the time leading up to each of these main presentations. However, if after all revisions you are still not happy with the design you will pay, in full, the design stage and all related costs. Once payment is received, the last design to be presented will be owned by you and delivered in a digital format. All previous designs, ideas and concepts remain the copy and creative rights of myself, John Stoyles.

Payment.

It is possible to stop the design process at any point but you will be required to pay for the design stage that is in progress in full and any subsequent stages that may still be outstanding. You will also be required to pay in full any additional costs incurred during these stages (for example the purchase of images and fonts, etc.) Please be assured, additional charges are never made without your prior knowledge and consent.

I issue invoices electronically. My payment terms are 15 days from the date of invoice by bank transfer and on day of issue through Paypal. All proposals are quoted in US Dollar or UK Sterling and payments will be required at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on my electronic invoice. I reserve the right to charge interest on all overdue debts at the rate of 5% per month or part of a month.

Copyright and Ownership.

Once the project is completed and all payment has been received, you will be given a copy of each file required to print, manufacture or reproduce the designs I have created. From this point onwards, copyright will be assigned to the company or individual who has paid for all the graphics and visual elements that I have created and supplied in the production files. It is highly recommended that you safely store and backup these files as I cannot offer a guarantee that I will maintain my own copies of the native source files used to create them.

I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my website, within my portfolio, in magazines and articles.

It is extremely important that you thoroughly check and sign-off all pre-production files.

I cannot guarantee that the work I produce will be error-free. I cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you have advised me of them.

You cannot transfer this contract to anyone else without my knowledge and permission. This contract is confirmed and will not be renewed. 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.

These terms constitute a legally binding agreement made between your company or you as an individually, whether personally or on behalf of an entity and John Stoyles ("I", "me", “my") under the laws of the State of Vermont.