how to handle a stolen design

[Dan Antonelli]

1. Get deposit upfront. We take 2/3rd deposit up front.
2. With your deposit, have signed proposal.
3. In proposal, put terms like this (below, from mine). Subsitute 'logo design' for 'design' if needed.
4. Watermark your files, and put your copyright information on them.

- Modifications on logo designs include approximately three (3) "rounds" of edits and these included revisions are considered reasonable and expected. Revisions beyond this point or that exceed the xx hours design will be billed additionally and will be determined at the discretion of Graphic D-Signs, Inc.

- Additional revisions beyond three (3) rounds must be agreed upon in writing before Graphic D-Signs will begin performing any additional work.

- Additional revisions, when approved in writing by the client, will be considered in addition to the agreed logo design fee and will billed at the hourly rate of $135/hr. The client agrees to pay Graphic D-Signs, Inc. an additional deposit of $250 for any additional revisions agreed to in writing. Client agrees and understands that Graphic D-Signs shall not be obligated to perform additional services until such time client pays the additional $250.00 deposit to Graphic D-Signs, Inc.

- Graphic D-Signs, Inc. shall retain all copyright (c) ownership of all logo ideas, camera ready artwork, and electronic versions of artwork until such time as client delivers the balance due under this proposal plus any balance due for additional revisions billed at the hourly rate of $135/hr.

- The client understands and agrees that client will not obtain, nor can the client claim, any ownership rights in any logo ideas, camera ready artwork and electronic versions of artwork created by Graphic D-Signs, Inc. unless and until the client pays all fees due to Graphic D-Signs, Inc.

- Should any disputes arise between the client and Graphic D-Signs, Inc., the client consents that jurisdiction to resolve any and all disputes shall lie in the Superior Court of New Jersey, Warren County, New Jersey.

- Client agrees to reimburse Graphic D-Signs, Inc. for all reasonable costs of collection, including reasonable attorney's fees and costs of suit.

- Interest on any balances due past 30 days shall accrue interest at the rate of 1 1/2% per month, or 18% per annum.

- If the client cancels this Agreement after Graphic D-Signs, Inc. has delivered any design work and/or concepts to the client, the initial 66% deposit shall be deemed non-refundable and, in addition, the client shall pay Graphic D-Signs, Inc. a $250.00 cancellation fee. The client acknowledges and agrees that Graphic D-Signs, Inc. shall be, and hereby is, authorized to charge the $250.00 cancellation fee on the client's credit card on file. For cancellation to be effective, the client shall fax written notice of cancellation to Graphic D-Signs, Inc. at 866-274-6880. In the event of cancellation by the client:

- All materials including preliminary designs delivered to the client to date (in connection with this project) shall immediately be returned to Graphic D-Signs, Inc., unless the client pays Graphic D-Signs the full fee set forth in this Agreement;

- Use of work done in connection with the project without the consent of Graphic D-Signs, Inc. could result in additional fees or legal action; and

- Graphic D-Signs, Inc. shall retain ownership rights to all original artwork, preliminary designs, drafts, digital files, disks or CDs prepared in connection with the project unless the client pays Graphic D-Signs the full fee set forth in this Agreement

 

[skyhigh]

I'm patiently waiting for Buzz to update us on his call.

 

[buzzgraphics]

I haven't called yet. I'm going to sleep on it and call them in the morning.

Thanks for the detailed legal file Dan. You care if I use a modified version of it?

 

[signage]

Buzz I don't think he would mind but you would also want to make sure it is all legal in your area! Notice how he states any legal proceedings would be in his local courts?

 

[WildWestDesigns]

Buzz I don't think he would mind but you would also want to make sure it is all legal in your area! Notice how he states any legal proceedings would be in his local courts?

That reminds me when I was running a horse barn about the Equine Limited Liability Act. The states that offer that protection have different rules on how it's worded in the contract and if you have to do anything extra outside of the contract to get protection of the Act (like in TN you have to have signs posted everywhere where there is an equine activity (arena, cross ties etc)). And if you don't have a contract or if you don't have that in your contract, no protection at all. That's why having contracts is oh so important.

 

[Dan Antonelli]

I haven't called yet. I'm going to sleep on it and call them in the morning.

Thanks for the detailed legal file Dan. You care if I use a modified version of it?

Everyone is free to use it, modify, etc. Just change to your local municipal court, and obviously your company name, hourly rates, kill fee, etc. Hope it helps in the future.

 

[lexsigns]

Everyone is free to use it, modify, etc. Just change to your local municipal court, and obviously your company name, hourly rates, kill fee, etc. Hope it helps in the future.

:U Rock: