Graphic Design Terms and Conditions

1. General Working Agreement
This document defines the terms and conditions of our working relationship. All projects or services that DESIGNER may be contracted to produce or provide for CLIENT will be subject to the following:

2. Payment/Estimates
Client agrees to pay DESIGNER in accordance with the terms specified in each proposal/estimate. Once estimate/proposal is approved work can begin.

3. Nature of Copy
Client agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations.

4. Errors and Omissions
It is the Client's responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. DESIGNER is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.

5. Revisions and Alterations
New work requested by Client and performed by DESIGNER after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.
Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.

6. Copyright and Trademarks
The Client is responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Ethan Koerten of EthansMedia.com for inclusion in the graphic design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Ethan Koerten of EthansMedia.com and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

7. Completion Date
Ethan Koerten of EthansMedia.com and the client must work together to complete the graphic design project in a timely manner. We agree to work expeditiously to complete the design project as agreed upon after the client has submitted all necessary materials. If the client does not supply Ethan Koerten of EthansMedia.com with complete text and graphic content for this design project within 60 days of the date this agreement, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 90 days after agreeing to this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the design project is finish and delivered or the client cancels the design project in writing.

8. Design Project Copyright
Original designed content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Ethan Koerten of EthansMedia.com and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

9. Payments
Payments must be made promptly. Unless otherwise specified, all subsequent balances due are payable upon art approval. Delinquent bills can be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty can be added for each month of delinquency. Ethan Koerten of EthansMedia.com reserves the right to hold any design project until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when agreed upon by Ethan Koerten of EthansMedia.com. Regardless of the place of agreement, the client agrees that for purposes of venue, this agreement was entered into in Ojai, California, US and any dispute will be litigated or arbitrated in Ojai, California, US. Please pay on time. All payments will be made in US $ funds unless agreed upon in writing by both parties.
a) By design projects under $340.00; payment by when ordered
b) By design projects over $340.00; 50% by ordering and 50% by publishing.
c) By design projects over $5,000.00; agreed in writing a down payment and payments by milestones.

10. Legal Notice
In no event will Ethan Koerten of EthansMedia.com be liable to the client or any third party for any damages, including, but not limited to Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages, even if Ethan Koerten of EthansMedia.com has been advised of the possibility of such damages.

11. This Agreement
This agreement constitutes the sole agreement between Ethan Koerten of EthansMedia.com and the client regarding this design project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months from date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.

12. Amendment
This agreement may be modified or amended if the amendment is made and acknowledged and agreed upon by both parties.

13. Severability
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.

14. Waiver of Contractual Right
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.

15. Governing Law
This agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of California and the Federal Laws of the United States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Ventura County, California and you irrevocably consent to the jurisdiction of such courts.

16. Notices
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or authorized representative, in the case of notice to you, at the e-mail address provided by you in this agreement, or as updated from time to time. Mail shall be sent to Ethan Koerten, 216 N. Pueblo Ave., Ojai, California 93023 and to you at the mailing address provided in submitted form or as updated in writing. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. Pacific Time and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.

Designer Contractor:
Ethan Koerten
216 N. Pueblo Ave.
Ojai, California 93023