1. The Client is engaging Benjamin Scholtens, known as the Designer, a sole proprietor, as an independent contractor. The Client authorizes the Designer to publicize their completed work to Web search engines and other Web directories and indexes, as well as on Web-based portfolio sites such as Dribbble, Behance, etc.
1. Copy for work must be supplied by the Client via Google Docs or email attachment.
2. Photos and other misc. graphic images must be supplied by Client. All images used within all design work, other than where noted, are to be considered placeholders and are not to be considered legally owned by the Client or the Designer. If used, attribution will be required at the expense of the Client.
1. The Client agrees to reimburse the Designer for any critical Client requested expenses necessary for the completion of the project. Examples would be:
1. Purchase of specific fonts at the Client’s request,
2. Purchase of specific photography at the Client’s request.
3. Purchase of specific software at the Client’s request.
1. The Client represents to the Designer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Designer for inclusion in web pages 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 the Designer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
1. The Designer reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion. The Designer warrants all work completed by subcontractors for this project. When subcontracting is required, the Designer will only use industry recognized professionals.
1. The Client agrees that it shall defend, indemnify, save and hold the Designer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the the Designer’s development of the Client’s project. This includes liabilities asserted against the Designer, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
2. The Client also agrees to defend, indemnify and hold harmless the Designer against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s project. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
1. Copyright to the finished assembled work of web pages and graphics produced by the Designer shall be vested with the Client upon final payment for the project.
1. This ownership is to include: design, photos, graphics, source code, work-up files, and text.
2. Rights to photos, graphics, computer programs are specifically not transferred to the Client, and remain the property of their respective owners. The Designer and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.