It doesn’t matter if you’re a person, small company or large company, when looking for a new logo design, print design or website there are items a designer must include in your design contract. You’re design project can vary from a small print design job to a large complex website. This list compiled will include items the designer must include in your agreement. If these items are not in your design agreement, make sure your designer includes them. The designer will always look to protect themselves, as they should, and so should you.
Must #1 – The Designer’s Services…detailed
The designer should breakdown what service you are receiving, not summarize it.
When you get to the section of the contract where it explains what services the designer will provide, it should not read “design a logo” or “design a website”. The designer should explain in detail what he/she will be providing. If you and the designer agreed upon a set number of design concepts, then it should be listed. If a website is being designed, will the designer also develop the site? Is the designer to provide all the images? These are some of the questions that should be answered in the agreement.
The details of the services should be written clearly and defined, and in sections so there is no confusion. The designer should list the services so that you understand not only what he/she will be doing but also what their process is.
Always get the designers services in writing, just because a designer says “oh that’s easy, won’t be a problem” doesn’t mean that they won’t charge you extra for it in the future.
Must #2 – Design Rates or Fees
The designer should specifically explain their rates for the project and fees.
When the designer starts on your design project, you should have a good idea, if not an exact amount, of the total project cost. If the designer charges hourly, they should list their hourly rate and an estimate of the total number of hours.
Must #3 – Cost Breakdown
Along with a explanation of the fees and hourly rates, you should know the total estimated cost.
Listing his/her hourly rates and fees isn’t enough. The designer should, most likely at the end of the agreement, show you a breakdown of all the costs associated with your project. If you were to take your car to the shop, you’re surely going to want to see the total estimated cost and not just the hourly labor rate and parts cost right?
The designer should also list any extras that can come up in the process. The contract should include a provision that will inform you before the client begins any extra or additional work. The last thing you want is to have a surprising large final bill.
Must #4 Ownership of Work
You should have a clear explanation of when and what is yours when the design job is complete.
You should always receive all the work the designer has done once the job is complete. If it’s a logo then you should get the design and all the source files. If it’s a website then you should get the design source files (Photoshop and flash files) along with all the development files.
Not having the original files can cost you in the future. I can’t tell you how many clients have come to me because they don’t have the original source files, which means re-creating their work from scratch.
It’s also a must to have a clause in the contract that states that any work created for you under the agreement is yours, upon final payment, and your work can not be used by any other company.
Must #5 Post-Project Duties
The designer must specify what his/her job entails after the design has been complete, if any.
As a client of the designer, it is your job to know what the designer’s job, but it’s also in your best interest to do a bit of research on what you might need after the project, before signing the agreement.
Logos
If you’re getting a logo then you pretty much know what you should get in the end, a custom designed logo and all the necessary files and file types in order to use your logo practically anywhere. The same guidelines can be used for print material.
Print
If the print project involves shipping of the print material, make sure you are to receive the print material in satisfactory position before declaring the job complete. If the print material is damaged or lost in the mail, that shouldn’t be your fault.
Web
When your website is finished, you should know if the designer will be providing services to you after your site is complete. If you need an edit or modification to your site, will the designer provide it and at what cost, make sure you get any post-project work in writing.
Some Additional Agreement Tips
* You should always have a time frame, timeline or project due date on your agreements. This makes sure that the designer has your project as a priority. If the designer is unwilling to set a time frame on your project then that is a red flag.
* Never assume because you and the designer talked about project details that they will be in the agreement. ALWAYS carefully read over the design agreement to make sure everything you require is included.
Please share your thoughts on any other “musts” that a client should include in their agreement.
