Service Agreement - Graphic Design

This Service Agreement - Graphic Design is a legally binding document that outlines the terms and conditions between the Designer and the Customer for the provision of graphic design services. The agreement highlights the importance of prompt and timely performance of the Designer's obligations and the provision of services in a professional and diligent manner. It also emphasizes the need for compliance with applicable laws and regulations, including anti-bribery and corruption laws and data protection regulations.

 

The agreement is divided into several sections, each addressing specific aspects of the agreement. The interpretation section provides definitions for key terms used throughout the agreement. The Designer's obligations section outlines the responsibilities of the Designer, including the provision of services in accordance with the agreement and compliance with instructions or variations issued by the Customer.

 

The completion of the work section emphasizes the importance of timely completion of the services and provides provisions for extensions of time and liquidated damages in case of non-completion. The service fees section specifies the payment terms and conditions, including the schedule of service fees and invoicing procedures.

 

The liabilities and indemnities section outlines the Designer's obligations to promptly notify the Customer of any delays or problems in the provision of services and to rectify any defects in the services. It also includes provisions for insurance coverage and indemnification of the Customer against any expenses, liabilities, losses, claims, or proceedings arising from the carrying out of the services.

 

The term and termination section specifies the duration of the agreement and the circumstances under which either party may terminate the agreement. It also outlines the consequences of termination, including the return of materials and payment for completed services.

 

The ownership of materials section states that materials and goods delivered to or placed on the site become the property of the Customer. It also addresses intellectual property rights and specifies that all intellectual property produced or developed under the agreement belongs to the Customer.

 

The confidential information section highlights the Designer's obligation to maintain the confidentiality of the Customer's information and return any confidential information upon termination of the agreement. The announcements/publicity section requires prior written approval for any announcements or disclosures related to the agreement.

 

The amendment section specifies that any variations to the agreement must be in writing and signed by the parties. The assignment section prohibits the Designer from assigning the agreement or subcontracting the performance without the Customer's written consent.

 

The severability section states that if any provision of the agreement is held to be illegal, void, or unenforceable, it shall be deemed not to be included in the agreement without invalidating the remaining provisions. The further assurance section requires the parties to perform any further acts or execute any further documents necessary to implement the agreement.

 

The warranty of capacity and power section includes representations and warranties by each party regarding their authority, power, and capacity to enter into and carry out their obligations under the agreement. The force majeure section relieves the parties from liability for failure or delay in performing their obligations due to causes outside their reasonable control.

 

The agreement also includes provisions regarding arbitration, notices and service, counterparts, and the proper law governing the agreement.

How to use this document?

1. Review the agreement: Familiarize yourself with the terms and conditions outlined in the Service Agreement - Graphic Design.

2. Provide information: Enter the relevant information for both the Designer and the Customer, including their names, addresses, and contact details. Ensure that the principal place of business is accurately stated.

3. Understand the definitions: Refer to the interpretation section to understand the definitions of key terms used throughout the agreement.

4. Designer's obligations: Review the obligations of the Designer, including the provision of services in a professional and diligent manner. Understand the requirements for compliance with laws and regulations and the need to follow instructions or variations issued by the Customer.

5. Completion of the work: Familiarize yourself with the provisions for timely completion of the services and the consequences of non-completion. Understand the conditions for extensions of time and liquidated damages.

6. Service fees: Review the payment terms and conditions, including the schedule of service fees and invoicing procedures. Understand the requirements for submitting invoices and the reimbursement of expenses.

7. Liabilities and indemnities: Understand the Designer's obligations to promptly notify the Customer of any delays or problems and to rectify any defects in the services. Familiarize yourself with the provisions for insurance coverage and indemnification of the Customer.

8. Term and termination: Review the duration of the agreement and the circumstances under which either party may terminate. Understand the consequences of termination, including the return of materials and payment for completed services.

9. Ownership of materials: Familiarize yourself with the provisions regarding the ownership of materials and intellectual property rights. Understand the restrictions on the use of the Customer's intellectual property.

10. Confidential information: Understand the obligations regarding the confidentiality of the Customer's information and the return of confidential information upon termination.

11. Announcements/publicity: Familiarize yourself with the requirements for obtaining prior written approval for any announcements or disclosures related to the agreement.

12. Amendment: Note that any variations to the agreement must be in writing and signed by the parties.

13. Assignment: Understand that the Designer is not allowed to assign the agreement or subcontract the performance without the Customer's written consent.

14. Severability: Note that if any provision of the agreement is held to be illegal, void, or unenforceable, it shall be deemed not to be included in the agreement without invalidating the remaining provisions.

15. Further assurance: Be prepared to perform any further acts or execute any further documents necessary to implement the agreement.

16. Warranty of capacity and power: Ensure that you have the authority, power, and capacity to enter into and carry out your obligations under the agreement.

17. Force majeure: Understand that neither party shall be liable for failure or delay in performing their obligations due to causes outside their reasonable control.

18. Notices and service: Familiarize yourself with the requirements for giving notice and the methods of service.

19. Counterparts: Note that the agreement may be executed in multiple counterparts, each of which is considered an original but together constitute one instrument.

Please note that this guidance is a summary and does not replace a thorough review of the Service Agreement - Graphic Design. Seek legal advice if needed.