
Terms of Service
When you (the Client) agree to a proposal, you also agree to these general terms. Once you have accepted the document, you will receive an invoice for the first payment due. Payments may be made via check, credit card, or automatic funds transfer. Work will not commence until initial payment and contract are received, and will halt if other due payments are late. I (Rebecca Loomis of Fabelle Creative) am not responsible for missed deadlines due to your failure to make a payment on time, even if you’ve informed me of them.
Payments must be paid within two weeks of you receiving your invoice. Failure to make said payments will result in a late fee of $150/day. If you request additional services, revisions, or products that were not originally included in the contract, or request something that requires unexpected purchases that were not accounted for in the original agreement, you will be charged an additional $200/hour for work dedicated toward these requests (or a set fee per add-on), and be required to reimburse all expenses that were paid for by me as a result of your request. Should you wish to revise the package contents of the proposal after signing it, I reserve the right to refuse to make your requested changes; but if I approve, you will be charged a fee of $75 for each contract revision. Once all payments have been made and you have received the agreed upon package contents, the contract will conclude and no further services will be owed to you.
The first half of the total package cost counts as your nonrefundable retainer. If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction my work is going, and wish to break contract, you’ll surrender all moneys paid up until that point, or 50%—whichever is greater. After said payments, this agreement would be terminated. After that point, you are not permitted to keep or use anything that I have provided to you prior to termination, and I am no longer obliged to provide any products or services previously agreed upon in the contract.
I reserve the right to display all aspects of my creative work, including sketches, works-in-progress, and the completed project on my portfolio, on websites, social media, in magazine articles, and in books. You may not alter my work in any way—including but not limited to stretching or recoloring logos, rewording written works, or altering design layouts (with the exception of templates designed specifically for you to edit), unless otherwise specified in our agreement—and you will only use what I create once for its intended purpose as outlined in the proposal, and only after all payments have been made at the conclusion of this contract. Any physical, original art pieces are my property to do with as I wish. You do not own any concept sketches or works in progress and may not display or share them.
You guarantee that all elements of text, images or other artwork you provide are either owned by yourself, or that you have 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.
I’ll carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, I can’t guarantee that my work will be error-free, and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them.
Your liability to me will also be limited to the amount of fees payable under this contract and you won’t be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’ve advised you of them.
If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Neither of us can transfer this contract to anyone else without the other’s permission. We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.