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You, The Client, have the power and ability to enter into this Contract on behalf of yourself, your business, or your organization. You agree to provide The Designer with everything needed to complete The Service as and when required. The Client agrees to adhere to the plan outlined within the Payment section of this Contract.

The Designer shall determine how The Service is accomplished; no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Contract. Neither party is authorized to act as an agent or bind the other party, except as expressly stated within this Contract. The Designer and The Services completed by The Designer shall not be deemed a work-for-hire as defined under Copyright Law. All rights granted to The Client are contractual in nature and are expressly defined by this Contract.

Depending upon the payment option selected by The Client, a 50% payment or 100% payment is due from The Client before the The Designer will begin completing The Service. The Client’s payment legally binds this Contract.

The Designer will communicate with The Client using a project management system called 17Hats, a project management system called Basecamp, or e-mail. Phone calls and Zoom calls are not included in our Semi-Custom Brand Design Experience.

The Designer will complete The Service based upon the information provided by The Client via The Client’s completed Questionnaire. The Client will have an opportunity to engage in a 1-round revision cycle. A $100 fee will be added for each additional revision round requested and completed, for up to 3 rounds total.

The Client shall, within forty-eight (48) business hours, notify The Designer of each desired revision. If The Client fails to notify The Designer of changes or approvals within forty-eight (48) business hours, The Designer will consider the design, as presented, approved. Should forty-eight (48) additional hours pass with no communication from The Client, The Designer will conclude the Experience altogether.

The Client shall use any and all reasonable effort to provide requested information, materials, and approvals to The Designer. Any delay by The Client may result in a delay or cancellation of The Service, for which The Designer shall not be held responsible.

Either party may terminate this agreement at any time, with written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it.

In the event of termination or cancellation, The Client shall forfeit his or her non-refundable payment and pay The Designer a $100 cancellation fee.

All material considered confidential by either party shall be designated as confidential. Confidential information shall not be disclosed to third parties and shall only be used to perform The Service. Confidential information shall not include information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.

The Client represents and warrants to The Designer that, to the best of The Client’s knowledge, use of The Client’s content does not infringe upon the rights of any third party. The Designer represents and warrants to The Client that, to the best of The Designer’s knowledge, use of The Designer’s content does not infringe upon the rights of any third party. Except for the express representations and warranties stated in this Contract, The Designer makes no warranties whatsoever. The Designer explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project.

The Client shall indemnify The Designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the client. The Services and the work of The Designer are sold “as is.” In all circumstances, the maximum liability of The Designer, its directors, officers, employees, design, agents and affiliates to The Client for damages for any and all causes whatsoever, and The Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of The Designer. In no event shall The Designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by The Designer, even if The Designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

This Contract shall begin when The Designer and The Client sign, and when The Client has submitted payment. The Contract and agreement shall continue until The Services are complete and delivered to the best of The Designer's ability (See Project Evaluation and Acceptance) or until the agreement is terminated. Either party may terminate this agreement at any time, with written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it. In the event of termination, The Client shall forfeit his or her payment and pay The Designer a $100 cancellation fee.

The Designer grants to The Client a non-exclusive, perpetual and worldwide license to use and display the final deliverables in accordance with this agreement. The rights granted to The Client are for use of the final deliverables in their original form only. The Client may not change, create derivative works, or extract portions of the final deliverables.

Alteration of any Brand Design — primary logo design, secondary logo design, tagline design, icon design, pattern design — is prohibited without the express permission of The Designer. The Designer will be given the first opportunity by The Client to make the desired alterations. Unauthorized alterations shall constitute additional use and will be billed accordingly. The Brand Design provided to The Client cannot be repurposed, resold, or presented as The Client’s own work in any way.

Both The Designer and The Client agree to attempt to resolve any dispute by negotiation between the parties. If the parties are unable to resolve the dispute by negotiation, either party may begin mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.

Modifications to this agreement must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. all notices under this agreement shall be given in writing either by: (a) email, with return confirmation of receipt; (b) certified or registered mail, with return receipt requested. Notice will be effective when received, or in the case of email, on confirmation of receipt. Rights or obligations under this agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party.

This agreement shall be governed by the law of Wisconsin. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law.

Headings used in this agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this agreement, and shall not have any legal effect. This agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this agreement.

If terminated, I understand that I cannot claim any additional expenses, damages, or claims based on the failure of The Designer to complete The Service.

Before you signing below, please be sure you understand all of the above agreement and realize that you can negotiate.

By completing my purchase of the Semi-Custom Brand Design Experience, I hereby agree to abide by the terms and conditions outlined within this Contract.
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Semi-Custom Brand Design: Minneapolis$0

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