DESIGN TERMS & CONDITIONS
1. Work. The client retains The Bubblegum Agency (“TBA”, “www.thebubblegumagency.com”) to create web and graphic design and provide services such as photography, marketing and branding. Work includes only the final, deliverable as described with the product ordered.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company, or your organization. You’ll give me the assets and information I tell you I’ll need to complete the project. You’ll do this when I ask and provide it in the formats I ask for. You’ll review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by the dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Me: I have the experience and ability to do everything we’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavor to meet every deadline that’s set and on top of that, I'll maintain the confidentiality of everything you give us.
2. Price and Delivery. The non-refundable minimum deposit for work is 50% of the total amount due. No work is started until this deposit is placed.
The remaining balance is due upon completion of work (branding/graphic design) or day of service (photography). Payment should be made in the method and manner specified by The Bubblegum Agency. Work is to be delivered on the date described in any correspondence (in any form of communication) we initiate, but The Bubblegum Agency agrees that the date of delivery is not material to this Agreement. No work will be delivered until the remaining balance is paid.
Delivery of Assets for Design: Once an order is placed Client will either receive:
An instant download with instructions on how to submit content for the design
An instant email with instructions on how to submit content for the design
Content should be submitted as the order is placed to ensure proper turnaround times.
Expedited Services: Rush delivery is available for an additional fee for some services. Expedited services means a proof will be delivered to you for review in the time frame displayed when making your choice to expedite or not. Please understand, this only guarantees the PROOF for your review will be delivered in that time frame and additional revisions will take more time if the proof is not approved upon the first delivery. Also remember, I can only get started once I have all of the content needed from you, the client. Meaning the faster you submit content, the faster I can have a proof devliered to you.
REMEMBER: NO DESIGN IS STARTED UNTIL CONTENT IS RECEIVED. MEANING TURNAROUND TIMES ARE ONLY ESTIMATED ONCE THE BUBBLEGUM AGENCY RECEIVES PHOTOS, LOGOS, COPY, AND ALL OTHER ASSETS TO START THE CLIENT’S PROJECT.
If work is purchased and the Client does not deliver assets to complete the design within 29 days, there is a $100 restart fee. You will receive a follow-up email within 20-29 days to confirm a delivery date if nothing has been received and no other communication has been made previously. If full content has not been sent in over 30 days, the project is null and void, and no refund will be issued unless a new delivery date is communicated by the Client and approved by The Bubblegum Agency.
You understand that all payments are non-refundable. I do my best to provide only top-quality work and if you are unhappy for any reason I will take all steps necessary to ensure your complete satisfaction and may issue a new design draft following any design notes shared by the Client after receiving the first proof/demo.
Expected date of completion/Turn around time
You understand that the duration for web and graphic design varies depending on the service. All estimated time frames of completion are described under each product/services information tab under ‘TURN AROUND TIMES’ and you agree to these terms when you purchase services. If the time frame is estimated to be longer, this will be communicated to you and updated on your remaining balance invoice to reflect upon your approval.
4. Grant of Rights. The Bubblegum Agency may use Work created in our portfolio (including, but not limited to, any website that displays The Bubblegum Agency). Client and The Bubblegum Agency agree that when asked, Client must properly identify The Bubblegum Agency as the creator of Work for design and photography when applicable. Client does not have a proactive duty to display The Bubblegum Agency name together with Work, but Client may not seek to mislead others that Work was created by anyone other than The Bubblegum Agency. Draft files of artwork and photography are the property of The Bubblegum Agency, and shall not be used in any matter or posted onto Social Media. That can be breach of contract, and cause The Bubblegum Agency to forfeit project. In this case, no refund.
5. Cancellation, and Expiration. The deposit for Work is non-refundable. If Client nonetheless no longer wants services or refuses to receive Work, The Bubblegum Agency is not liable to refund any deposits or purchases. Services booked on a sale price/discounted rate, cannot be refunded.
6. Limitation of Liability. Client agrees The Bubblegum Agency will not be liable for any damages (including, but not limited to, incidental or consequential damages), that arise from The Bubblegum Agency's performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
Termination of Services: This agreement can also be terminated by The Bubblegum Agency for the following reasons:
Rejection of several designs without giving sufficient criticism or suggestions; leaving the designer to guess what they dislike (“I don’t know what’s missing. I just don’t like it.”)
Requesting features that were not in the original agreement, or on the original submission form and refusal to pay for extra services to be rendered.
Makes unreasonable requests, for example:
“I would like four different versions of the logo by tomorrow night, thank you!”)
("I would like the website to be changed from the original request to another design")
Is unable to make decisions, forcing the designer to make constant changes to the design.
Harassment of any kind
Client was deemed difficult to work with.
7. Design. I create designs that adapt to the capabilities of many devices and screen sizes. I create them iteratively and use predominantly HTML and CSS on either Shopify, Big Cartel, Squarespace or Wix web design platforms. I may use visuals to indicate a creative direction (colour, texture and typography.) in which I will call ‘inspo’. You’ll have plenty of opportunities to review my work and provide feedback. I will provide a link to your demo site via your preferred method of communication in which you can text, email to provide your feedback. If—at any stage—you change your mind about what you want delivered, depending on the scope of work and how much of the previous project has already been completed, additional payments may be required with a new contract being delivered to you.
All your website copy (text) must be provided by you unless otherwise agreed upon.
Graphics and photographs
You should supply graphic files in digital format that you have all of the rights to. You should supply photographs in a high-resolution digital format. If you like, I can supply free stock images from free stock photo websites but this must be agreed upon as well. By sending images, you are giving me the right to utilize them and understand that you MUST own the rights or images.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you’ve permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that we’re using their intellectual property.
I guarantee that all elements of the work I deliver to you are either owned by me or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows:
You’ll own the website I design for you plus the visual elements that I create for it. I’ll give you source files and finished files and you should keep them somewhere safe as I am not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided unless someone else owns them.
I’ll own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you. I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless you and I agree otherwise.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. I won’t test in other older browsers unless we agreed separately but I cannot guarantee compatibility for an older browser.
Mobile browser testing
Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. I test my designs in: iOS: Safari and Google Chrome
Android: Google Chrome
I won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers.
I am not a website hosting company so we don’t offer direct support for website hosting, email or other services relating to hosting but I will provide coaching and tutorials for basic technical support items (how to change billing info, change email info, etc.).
Search engine optimization (SEO)
I don’t guarantee improvements to your website’s search engine ranking, but the pages that I develop are accessible to search engines and I will do my best to coach you on ways to increase SEO visibility as well as implementing basic SEO strategies to get your started with optimizing your website for prospective SEO visibility.
PHOTOGRAPHY TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Alexia Rochell, Lexxiuh: Branding and Photography. “The clients” shall be those persons defined as bride and/or groom on the form above. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. unless otherwise stated in written form.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.
iii. For a booking of events at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
i. A non-refundable deposit of 50% of the total amount due will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be the day of service.
iii. Additional goods ordered must be paid for in full at the time of ordering
iv. Titles to all goods remains with the photographer until paid for in full by the client(s)
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, a victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. Some packages include a copy of the un-edited digital negatives to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.