Work: Illig Brand Design, LLC (hereafter referred to as "IBD") agrees to produce project materials (the “Work”) at the request of the Client for fees agreed upon in advance and delivery of the Work by an agreed-upon deadline. IBD agrees that it will be the sole author of original work and free of plagiarism. IBD will cooperate with Client in editing and otherwise reviewing the Work prior to completion and launch.
Upon acceptance of the Work, Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.). IBD is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.
IBD acknowledges that it may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. IBD agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to IBD before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, IBD can display materials and final work created for Client on the IBD website (http://illigbrand.com).
Client agrees to pay IBD 50% of the total project cost before any services are provided, and the remaining 50% is to be paid before any workable files are delivered. Whilst any payment due under the agreement remains outstanding, IBD shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. Additional charges including but not limited to: stock photography, special fonts, printing, shipping are non refundable. If the parameters of the Work change, or if it involves more time than estimated, IBD will inform Client and they can renegotiate the Work’s cost. IBD is responsible for the payment of all federal, state, and/or local taxes with respect to the services he performs for the client as an independent contractor. The Client will not treat IBD as an employee for any purpose.
Both parties understand that Client or IBD may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by IBD. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, IBD retains ownership of all copyrights and original work created.
Technically, all layered files are the intellectual property of Illig Brand Design, LLC. Typically, the cost for “buyouts" is based on the value of time and materials invested into file creation, plus cost of any stock imagery licensing. Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Copyright: Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.