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Graphic Design Contract Template

Graphic Design Contract Template

Graphic design contract writing takes legal know-how, time, and practice. It’s best to have them reviewed by a qualified attorney. Well, you’re in luck because below you’ll find a free graphic design contract template that you can customize for your business.

Graphic Design Contract Sample Details

This graphic design contract is organized into a couple of sections. The first covers easy to understand business terms. The second contains the legal terms which cover the most important aspects of a legal design contract.

Customize Your Graphic Design Contract

To customize this contract template you can edit the sections as you see fit. After you make changes it’s a good idea to send the contract over to an attorney.

Check out this sample from the Graphic Design Contract Template


THIS AGREEMENT is dated [DATE].

Background

The parties have agreed that the Designer shall provide the Customer with graphic design services on the terms and conditions set out in this agreement.

In providing the services as set out in Schedule 1 (Services), the Designer may use:

  1. Any equipment, facilities, materials, information, photography, writings and other creative content provided by Customer (Customer Content);
  2. Any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form together with information and materials provided by the Customer relating to the Services, including data, reports, graphics, illustrations and specifications (In Put Materials); and
  3. All documents, information and materials provided by the Designer relating to the Services which existed prior to the commencement of this agreement, including data, reports, graphics, illustrations and specifications (Pre-existing Materials).

Using all these inputs, the Designer shall provide graphic art prepared by the Designer or its agents, subcontractors, consultants and employees in relation to the Services in any form, including drafts (Deliverables).

Business Terms

1. Commencement and duration
1.1 The Designer shall provide the Services to the Customer on the terms and conditions of this agreement.
1.2 The Designer shall provide the Services from the date first noted above.
1.3 Services shall continue to be supplied under this agreement until all the Deliverables required to be supplied by the Designer to the Customer as set out in Schedule 1 are supplied.
2. Designer's responsibilities
2.1 The Designer shall provide the Services, and deliver the Deliverables to the Customer, in accordance with Schedule 1, and shall allocate sufficient resources to the Services to enable it to comply with this obligation.
2.2 Time is of the essence as to, timelines specified in Schedule 1 and the Designer shall meet these. If the Designer fails to do so, the Customer may (without prejudice to any other rights it may have):

  • terminate this agreement in whole or in part without liability to the Designer;
  • refuse to accept any subsequent performance of the Services which the Designer attempts to make;
  • purchase substitute services from elsewhere;
  • hold the Designer accountable for any loss and additional costs incurred; and
  • have all sums previously paid by the Customer to the Designer under this agreement refunded by the Designer.

2.3 The Designer shall:

  • co-operate with the Customer in all matters relating to the Services; 
  • ensure that the Designer's team use reasonable skill and care in the performance of the Services.

2.4 The Designer shall:

  • observe, and ensure that the Designer's team observe, all applicable rules and regulations and any other reasonable requirements that apply to the provision of Services;
  • notify the Customer as soon as it becomes aware of any legal compliance hazards or issues which arise in relation to the Services; and
  • before the date on which the Services are to start, obtain, or have the Customer obtain, and at all times maintain, all necessary licences and consents and comply with all relevant legislation in relation to: 
  • (i) the Services; and,
  • (ii) the use of Pre Existing Material. 

Customer's obligations

The Customer shall:

  • co-operate with the Designer in all matters relating to the Services and appoint;
  • provide such access to the Customer's data as may reasonably be requested by the Designer; and,
  • provide the Customer Content and In-put Material reasonably necessary, in order to carry out the Services, in a timely manner, and ensure that it is appropriately licensed, consented, permitted and accurate in all material respects.

3. Charges and payment

3.1 In consideration of the provision of the Services by the Designer, the Customer shall pay the charges as set out in Schedule 2.

3.2 Where Services are provided on a time and materials basis:

  • the charges payable for the Services shall be calculated in accordance with the Designer's standard daily fee rates for the Designer's team;
  • the Designer's standard daily fee rates for each individual person are calculated on the basis of an eight-hour day, worked between [8.00 am] and [5.00 pm] on weekdays (excluding public holidays);
  • the Designer shall not be entitled to charge on a pro-rata basis for part-days worked by the Designer's team unless it has the Customer's prior written consent to do so;
  • all charges quoted to the Customer shall be exclusive of VAT/GST, which the Designer shall add to its invoices at the appropriate rate. Here VAT: value added tax chargeable under EU law for the time being and any similar, additional tax, chargeable under applicable law. Here GST: tax chargeable under Australian law and any similar, additional tax, chargeable under applicable law.
  • the Designer shall ensure that the members of the Designer's team complete time sheets recording time spent on the Services. The Designer shall use such time sheets to calculate the charges covered by each monthly invoice; and
  • the Designer shall invoice the Customer monthly in arrears for its charges for time, expenses and materials (together with VAT/GST where appropriate) for the month concerned.

3.3 Where Services are provided for a fixed price, the total price for the Services shall be the amount set out in Schedule 2. The total price shall be paid to the Designer in installments, as set out in Schedule 2, with each installment being conditional on the Designer achieving the corresponding milestone.

3.4 Any fixed price and daily rate contained in Schedule 2 excludes VAT/GST, which the Designer shall add to its invoices at the appropriate rate.

3.5 The Customer shall pay each invoice which is properly due and submitted to it by the Designer, within [NUMBER] days of receipt, to a bank account nominated in writing by the Designer.

3.6 If the Customer fails to pay any amount payable by it under this agreement, the Designer may charge the Customer interest on the overdue amount from the due date up to the date of actual payment, after as well as before judgment, at the rate of [PERCENTAGE]% per annum compounded quarterly.

3.7 Invoices covering payment in respect of materials purchased by, or services provided to, the Designer, or for reimbursement of expenses, shall be payable by the Customer only previously approved by the Customer and if accompanied by relevant receipts.

3.8 The Designer shall maintain complete and accurate records of the time spent and materials used by the Designer in providing the Services in such form as the Customer shall approve. The Designer shall allow the Customer to inspect such records at all reasonable times on request.

3.9 Each party may, without limiting any other rights or remedies it may have, set off any amounts owed to it by the other party against any amounts payable by it to the other party.

4. Quality of Services

4.1 The Designer warrants to the Customer that:

  • the Designer will perform the Services with reasonable care and skill and in accordance with generally recognized commercial practices and standards in the industry for similar services; 
  • the Services will conform with all descriptions and specifications provided to the Customer by the Designer, as set out in Schedule 1; and
  • the Services and Deliverables will be provided in accordance with all applicable legislation from time to time in force, and the Designer will inform the Customer as soon as it becomes aware of any changes in that legislation.

4.2 The provisions of this clause 4 shall survive any performance, acceptance or payment pursuant to this agreement and shall extend to any substituted or remedial services provided by the Designer.

5. Ownership

5.1 Intellectual Property Rights shall mean all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off, all subsisting in the Deliverables.

[PLEASE CHOOSE LICENSE/ASSIGNMENT OPTION]

5.2 All Intellectual Property Rights in the Deliverables arising in connection with this agreement shall be the property of the Customer, and the Designer hereby irrevocably assigns all such Intellectual Property Rights to the Customer, subject to payment of all the Designer’s charges as per clause 3. The parties shall execute all documents necessary to give effect to this clause.

OR

The Designer hereby licenses all such Intellectual Property Rights to the Customer subject to payment of all the Designer’s charges as per clause 3:

  • On an [EXCLUSIVE/NON EXCLUSIVE] basis
  • With [LIMITED/FULL] [USAGE/MODIFICATION] rights 
  • For [COMMERCIAL/NON COMMERCIAL] use
  • [WITH/WITHOUT] the option to sublicense
  • While [WAIVING/RETAINING] moral rights of attribution and integrity of the Deliverables

6. Acceptance of Deliverables

6.1 If Deliverables are to be directly dispatched to a third party for printing by the Designer, the Customer shall have the right to approve these Deliverables before they are so dispatched.

If such approval is not secured by the Designer, the Customer shall not be obligated to pay the Designer’s charges as per clause 3.

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