LOCALSTREAKER LLC

Terms and Conditions

1. Scope of Work

   1.1. The graphic designer, referred to as "Designer," will provide the design services as described in the project proposal or agreed upon in writing between Designer and the client, referred to as "Client." 1.2. The scope of work includes specific deliverables, timelines, and any additional services outlined in the project proposal or agreement. 1.3. Occasionally, certain projects may necessitate the acquisition of external assets, such as specialized software, Illustration, photography, video, stock images, or third-party services. Any requirement for such additional assets will be clearly communicated to the client in the project proposal or through written correspondence before their acquisition. It is the client's responsibility to bear the costs incurred by these extras.

2. Intellectual Property Rights

   2.1. Upon receipt of full payment, Designer grants Client a non-exclusive license to use the final design work for its intended purposes. 2.2. Designer retains the right to display the completed project in their portfolio, websites, and promotional materials unless otherwise agreed upon in writing. 2.3. Any works that the Client did not choose as the final deliverables or outlined in the contract, the rights are retained by the Designer.

3. Relationship Clause

   3.1. Designer is an independent contractor and not an employee of the Client. This agreement does not create an employer-employee relationship between the parties.

4. Payment Terms

   4.1. Client agrees to pay Designer the agreed-upon fee as outlined in the project proposal or agreement. 4.2. Payments will be made according to the following schedule: [Deposit, and Final Payment unless otherwise agreed upon by both parties]. 4.3. Late payments may incur a [Bank base + 10% per week] late payment fee or interest charges as determined by Designer. 4.4. All costs and expenses associated with collection of overdue payments, including legal fees, shall be the responsibility of the Client.

5. Confidentiality

   5.1. Designer agrees to keep all confidential information provided by the Client confidential and shall not disclose it to any third party without the Client's written consent. 5.2. Both parties may require the signing of a separate non-disclosure agreement (NDA) for specific projects.

6. Termination and Cancellation

   6.1. Either party may terminate the project at any time by providing written notice to the other party. 6.2. Upon termination, Client shall compensate Designer for all work completed up to the termination date. 6.3. If the project is terminated by the Client, Designer reserves the right to retain the deposit or charge a cancellation fee, as applicable.

7. Liability and Indemnification

   7.1. Designer shall not be held liable for any claims, damages, or losses arising from the use or inability to use the design work, including but not limited to errors, omissions, or inaccuracies. 7.2. Client agrees to indemnify and hold Designer harmless from any claims, losses, or damages, including legal fees, arising from the use of the design work.

8. Deadlines and Delays

   8.1. Designer will make reasonable efforts to meet agreed-upon deadlines. However, Designer shall not be held responsible for delays caused by factors beyond their control, including but not limited to client delays, third-party actions, or force majeure events. 8.2. In the event of a delay caused by the Client, the project timeline may be extended, and additional charges may apply if it impacts the agreed-upon scope of the work.

9. Trademarking Responsibilities

   9.1. Client is solely responsible for handling all trademarking responsibilities associated with the design work, including but not limited to the name, logo, type, slogan, and any other elements created by the Designer. 9.2. Designer shall not be held responsible for conducting or assisting with the trademarking process. 9.3. Client acknowledges that it is their responsibility to conduct proper trademark searches and obtain necessary legal protections for the design work created by the Designer.

10. Final Package

    10.1 File Formats and Delivery 10.1. Designer will provide the final design work in the agreed-upon file formats, resolutions, and sizes as outlined in the project proposal or agreement. 11.2. Delivery of the final design work will be made electronically unless otherwise specified in writing. 10.3. Additional charges may apply for physical media or expedited delivery if requested by the Client.

11. Governing Law and Jurisdiction

    11.1. This agreement shall be governed by and interpreted in accordance with the laws of [Jurisdiction]. 11.2. Any disputes arising from or relating to this agreement shall be subject to the exclusive jurisdiction of the courts in [Jurisdiction].

    By signing below, the Client acknowledges that they have read, understood, and agree to abide by the terms and conditions outlined in this agreement.