How to work with Calyx Design:
To avoid getting lost in legalese, I’m going to call you “you” and me “me”. “Me” might mean “someone on my team” and “you” might mean “someone in your company.”
It begins like this:
1. You tell me what you want
This is referred to in the industry as your “brief”. I’ll interview you, either in person or on the phone, and we’ll figure out exactly what your needs are.
2. You get a proposal/estimate and we iron out the details
Now I prepare a proposal/estimate that fulfills the requests in the brief. Together we’ll discuss any questions you might have before the work actually begins.
Once we’re both happy with all the details in the estimate, I’ll request a downpayment, and happily tear into the job.
Note: If this is our first project, I reserve the right to request a signed and dated estimate/proposal — and I may estimate your unique project on an hourly or flat fee basis.
3. You supply me your ingredients
For best results in any recipe, it’s important to have all the right stuff on hand. This means copy, photos, logos, and anything else that you need to show up in your final design.
4. You pick which design you like
I’ll create a number of design concepts and deliver them electronically (normally via PDF) for your review. You pick your favourite, and then suggest revisions.
All design work includes three revision rounds. Further revision rounds are billed at our standard hourly rate.
5. You give the thumbs up
Once you’ve picked your favourite design, and we’ve carved, scrubbed, and polished it into perfection, you give us the thumbs-up. It then gets sent to the printer, installed online (or whatever we agreed to in the original estimate), and Bob’s your uncle.
6. You take care of payment
You get an invoice. You write us a check. Brilliant!
Hey, changes happen
Obviously I get that the real world requires flexibility, so if you need to change the outlines of the job, i.e. make it larger and more complex, I’ll submit a change order expanding the estimate to match.
On the other hand, though I do the best I can to guess right about how much time your project will take, it is possible that the actual time spent may differ from the original estimate. In case a project looks like it’s going to run more than 10% over the original cost estimate, I will always notify you for approval before continuing work.
One set of “author’s corrections” (corrections made by you, dear client) are included within the estimate at no extra cost. This includes such things as minor changes to original text, the re-positioning of text, image size, image positioning, etc. Once the general design has been finalized, though, anything other than minor changes will be billed at the Calyx Design hourly rate.
Because Calyx Design cannot STAND typos, we’ll make every effort to ensure that each job is free of any grammatical and spelling errors. That said, it is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product, and further that Calyx Design is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.
Artwork and printing/production quotes are valid for 30 days from the date of the quote. An estimated timeline will also be supplied at the time of quotation. Unless specifically included, estimates do not include additional expenses such as: courier service, postage, shipping, printing, hard-copy proofs, photography, programming, domain name registration, telephone calls, or back rubs.
Fees, rates, and invoices
It’s important that we feel comfortable with each other before it becomes a working relationship, so the first consultation, initial briefing response and estimates come with no charge or obligation. Subsequent consultations, advice, meetings, written and spoken concepts and work associated with altering and/or implementing the proposal all mean fees at our hourly rate.
Invoices are typically payable within thirty (30) days of receipt, and though we’re pretty sure this situation will never arise, a 1.5% service charge is payable on overdue balances. Invoices are sent by email unless otherwise arranged.
If the project is a long-term one (one that will require more than 30 days to complete), we will send you a monthly work-in-progress invoice for already-completed work.
Or we’ll work out something appropriate to your particular job and circumstances.
If you decide to cancel a project after work has begun, you’ll be invoiced for the time spent on the project to date.
A little fine print
Copyright Disclaimer The client represents to Calyx Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished by the client to Calyx Design for inclusion in the client’s design project are owned by the client, licensed for legal use to the client, or that the client has secured legal permission from the rightful owner to use these elements. The client further represents that he/she will hold harmless, protect, and defend Calyx Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Unless otherwise arranged, all stock photography is used under royalty-free license of Calyx Design. As such, the client has legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency.
Design materials supplied by Client The client is fully responsible for supplying us with all logos, images, text, and other design elements needed for the client’s design project. At the client’s request, Calyx Design will search for and provide stock photography, typefaces, and other design elements at our standard hourly rate, which are billed in addition to the original project estimate.
Ownership of Work Calyx Design retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of Calyx Design. Calyx Design may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Calyx Design retains the right to display a small byline claiming design credit on works it produces.
Materials provided by 3rd parties (e.g., typefaces, website plug-ins) may be subject to other copyright limitations and remain the property of their respective owners.
Illustration Illustration copyright is not transferred away from Calyx Design unless done specifically in writing. I typically grant usage rights for a period of seven years — very generous in the world of illustration, so please don’t be alarmed by the legalese! Invoices will typically include language in the following format:
Sample illustration licensing text: Richard Miller (the ”Licensor“) hereby grants to CLIENT (the ”Licensee“) an exclusive license to use the image “IMAGE NAME” (the ”image“) created and owned by Richard Miller in advertising and on apparel and to distribute and sell these Licensed Products in the United States for the duration of seven years commencing DATE. Licensor shall retain all copyrights to the image. All rights not specifically transferred by this Agreement are reserved to the Licensor. Any transfer of rights is conditional upon full payment.
Liability Calyx Design’s liability to the client for any type of loss on a project is limited to the design costs paid by the client for that project.
Outsourcing of Work We reserve the right to hire subcontractors to perform certain work if we deem it necessary for successful completion of projects (e.g., web development).
Revisions to Terms Revisions to the terms and conditions listed above may be made at any time by Calyx Design.