This Agreement ("Agreement") outlines the terms and conditions between BUCKIT.design (also known as Buckit Design) and any clients who engage with our services. By accessing or using our services, you agree to abide by these terms. For any questions or clarifications, please contact us directly.
1. Scope of Work
1.1 The Service Provider agrees to provide the following services to the Client on a project by project basis, which may include and is not limited to: Graphic design, website design, brand design, Webflow development, strategic consulting, assessments and audits, as outlined in the project proposal or scope of work document agreed upon by both parties.
1.2 The parties acknowledge that any additional services requested by the Client outside the scope of work will be subject to negotiation and may result in additional fees.
2. Project Basis
2.1 The parties agree that services will be provided on a project basis. The specific details and milestones of each project will be outlined in a separate project proposal or scope of work document.
2.2 The Service Provider shall use commercially reasonable efforts to complete the project within the agreed-upon timeframe. However, delays may occur due to factors beyond the Service Provider's control, and the parties agree to work together to adjust timelines accordingly.
3. Deliverables
3.1 The Service Provider may deliver concepts, mockups, prototypes, and final artwork/files as part of the project deliverables.
3.2 Final deliverables may include logo packages, brand strategy documents, visual brand guidelines documents, websites built on Webflow, training/maintenance documents for websites, and loose or individual design files, as agreed upon by both parties as outlined in a separate project proposal or scope of work document.
3.3 Ownership of all original artwork, files, and documents created by the Service Provider shall remain with the Service Provider until full payment has been received from the Client.
4. Turnaround Time
4.1 Turnaround times for projects may vary depending on project complexity and client responsiveness.
4.2 The Service Provider reserves the right to pause production on a project if the Client becomes unresponsive for an unreasonable amount of time, as determined by the Service Provider.
4.3 In the event of a project pause, the Service Provider shall provide written notice to the Client, and any agreed-upon deadlines or milestones shall be extended accordingly.
5. Usage Rights
5.1 The Service Provider retains the right to use the final deliverables and other variations or concepts developed by the Service Provider during the life of the project for promotional purposes. This includes, but is not limited to, showcasing the work in their portfolio, on their social media accounts, and on other design industry platforms. The intent of this use is to promote the Service Provider's professional services, skills, and quality of work to attract new clients. Unless otherwise agreed upon in writing by both parties, the Client grants the Service Provider these rights without restriction.
5.2 Upon full payment of all fees, the Service Provider shall grant the Client an exclusive, perpetual, and worldwide license to use the final deliverables for their intended purpose. The Service Provider shall not license the final deliverables to any other client.
6. Revisions
6.1 The Client is entitled to up to two rounds of revisions at specific milestones during the project.
6.2 Additional revisions beyond the agreed-upon milestones or cadence will be subject to additional costs at an hourly rate between $50-$100, based on the complexity of the revisions requested.
6.3 The Service Provider shall provide an estimate of additional revision costs and obtain written approval from the Client before proceeding with any additional revisions.
7. Payment
7.1 The Client agrees to pay [Percentage]% of the total project fee as an upfront payment before the commencement of work. This percentage value will be outlined in a separate project proposal or scope of work document agreed upon by both parties.
7.2 The remaining balance shall be paid upon completion and delivery of the final project deliverables.
7.3 In the event of late payment, the Service Provider reserves the right to suspend work on the project until payment is received. Late payments may also be subject to a 1.5% late fee for each week the payment is overdue.
8. Jurisdiction
8.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in Baton Rouge, Louisiana, in accordance with the rules of the American Arbitration Association.
8.2 Both parties hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Baton Rouge, Louisiana, for any legal proceedings arising out of or related to this Agreement that are not subject to arbitration.
9. Miscellaneous
9.1 This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
9.2 This Agreement may be amended or modified only by a written instrument, which includes electronic communications, executed by both parties.
9.3 Any notices or communications required or permitted under this Agreement should be directed to the contact details provided in the Agreement or as otherwise mutually agreed upon by the parties.
