Hi! You’ve likely been sent here by a member of the Kapeesh Marketing, LLC team to review and sign our Design & Marketing Services Agreement. Hooray!
This agreement:
- does not obligate you to any specific services
- simply outlines our relationship as an agency
- covers some items like confidentiality, billable hours, and the approval process
Some clients do not need to sign this until we’re preparing to get started on our first project together while others like to sign before we sit down for our initial consultation (in case we discuss proprietary information).
Please read the following terms completely then fill out the form below as acceptance. You’ll receive a confirmation email and so will our team. We are looking forward to working with you!
P.S. If you were not sent here by a member of our team and simply stumbled upon this page through a search for “how to spell kapeesh,” we hope you find your way to an accurately-sourced article. (Psst… maybe this will help.)
DESIGN & MARKETING SERVICES AGREEMENT
Summary
It’s always our goal to fulfill your needs and meet your goals, but sometimes it’s best to have a few simple things written down so that both parties know the terms of the agreement, their responsibilities, and the course of action in the event of a breach. You won’t find any complicated jargon in this contract – we don’t want to trick you into signing something you’ll later regret. We prepared this contract to protect both parties during our business relationship.
What Do Both Parties Agree To Do?
The Client has the power and ability to enter this contract on behalf of his or her company or organization. The Client agrees to provide The Company with everything needed to complete any and all projects. The Client also agrees to abide by the payment guidelines set forth in this Agreement. The Company has the experience and ability to perform the design or marketing services The Client requests in a professional and timely manner. The Company will perform these duties to the best of their abilities.
Project Description & Creative Brief
The Company will provide The Client with an attached Project Description & Creative Brief. The Client gets final design approval. The Company relinquishes responsibility for any content errors when The Client’s final approval is given. Client approval should always be given via email, for record-keeping purposes. Should Client choose to enlist any other services of The Company, terms will be discussed, agreed upon, and amended to The Agreement at that time.
Delivery Details
For all projects, The Company will email The Client all proofs for approval directly or via Basecamp 3. Larger file types may be uploaded to a cloud-based file-sharing network like Google Drive. In that case, links to the files will be provided via email as well.
File Delivery
The Client is responsible for paying for printed materials. The Company will prepare approved, print-ready files for The Client to have printed. If requested, The Company can order print products on behalf of The Client and bill The Client for any expenses incurred. The Company will work with quality print vendors, and must obtain the permission of The Client before any purchases are made.
Errors
While every effort is made to avoid errors by double-checking all work, as previously mentioned, The Company is not responsible for errors (or their ramifications) on the material approved by The Client.
Recommendations
The Company is not responsible for mishaps resulting from recommendations not taken by The Client.
For example, should The Company advise against using a low-quality image because of bad end result, and The Client chooses to use the image anyway, The Company will not be responsible if the pixelated image results in a sub-par end product.
Ownership
The Company retains ownership of all original artwork, whether preliminary or final, unless a Release of Ownership Amendment is attached to this Agreement. By providing The Company with any elements of text, graphics, photos, designs, fonts, etc. for inclusion in designs, The Client guarantees that The Client either owns the elements or has permission to use them.
The Client may not take any designs and have them recreated by another designer or attempt to recreate them themselves without The Company’s express written permission (this does not include reprinting designs made by The Company, only recreating them). The Company reserves the right to display any of the designs created for The Client in personal portfolios (online, printed, hard copy, or emailed).
Confidentiality
Any sensitive information shared between The Company and The Client (such as login passwords or credit card information) will be kept confidential.
In addition to passwords and online payment information, The Company acknowledges that The Client may make available certain customer lists, branding guides, pricing data, supply sources, techniques, market information, benchmarks, performance metrics, or proforma and business plans including strategies. Any and all data provided shall be kept confidential among The Company’s team unless explicitly noted in Addendum to The Agreement.
Compensation
The Company bills $100 per hour for a la carte design, marketing, and consulting services. This rate is subject to change with reasonable notification. Any contracts will be updated and submitted for approval in the case of a rate adjustment.
All services are quoted by way of a Project Description & Creative Brief. The Client agrees to pay The Company the full invoice amount upon project completion.
Any attached Project Description & Creative Brief must be approved by The Client, and it shall serve as a guide for project costs. At any time the project costs need to be amended and approved, The Company will seek approval from The Client before proceeding.
Deposit & Refunds
Payment of Deposit (1/2 of Project Description & Creative Brief, unless otherwise noted), approval of Project Description & Creative Brief and any attached Custom Recommended Services Proposal and signing of The Agreement is what defines the Project Start Date. One month payment is required as deposit for initial setup of all monthly recurring services.
The deposit is non-refundable after seven (7) days of the Project Start Date, unless otherwise specified in an amendment to this Agreement signed by both parties. If a refund of deposit is requested within those seven days, The Company will deduct any billable labor from the deposit amount before the refund.
Billable Hours
Billable hours will be calculated by The Company. Billable hours will include any design time or correspondence on The Client’s behalf (for instance, seeking out a printer on The Client’s behalf).
The Company bills on the half hour, as follows:
| Timing | Billable Hours |
|---|---|
| 0:31-1:00 | 1.00 |
| 1:01-1:30 | 1.50 |
| 1:31-2:00 | 2.00 |
The Company agrees to use good faith in calculating billable hours.
Payment
All invoices are due upon receipt and payable within thirty (30) days. A 5% monthly service charge is applied to all overdue balances. The Company reserves the right to halt work on any projects if The Client has an overdue bill.
If Client hasn’t paid their bill after 120 days, The Company reserves the right to seek legal help in order to get paid. The Client is responsible for any legal fees accumulated in such an instance. We reserve the right to take down any outstanding web design or development work after 120 days as well.
The Client can mail The Company a check, pay online through QuickBooks Payments on invoice, or request mobile card swipe. Checks should be made payable to Kapeesh Marketing, LLC and mailed to 247 W. Milam Street, Wharton, TX 77488.
Additional Expenses
The Company is not responsible for any additional expenses accumulated for The Client’s projects. This expense falls on The Client, and the hours spent involving these expenses will be billed at the normal rate.
This includes, but is not limited to stock photography, social media ads, printing costs, plugins or web tools, shipping and materials, and font or theme costs.
Should stock photography be needed, The Company will purchase the images. The Client agrees to reimburse The Company for any images purchased at their request.
The Company agrees to obtain permission before making any purchases on The Client’s behalf
Discontinuing Services
Design services will be ongoing through agreed timeframe or until either The Client or The Company decides to discontinue them.
At such time, The Client is still responsible for paying for any un-billed hours at the agreed-upon rate, whether or not the current project is completed.
Merger Clause
This Agreement constitutes the entire agreement between parties. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding.
In Conclusion
Thank you for considering our services. As your designers and/or marketing experts, we want what’s best for your business, and all our actions are driven by our will to help your business succeed.
